Case: Meredith, Custodial Parent and Next Friend of McDonald v. Jefferson County Bd. of Ed

3:02-cv-00620 | U.S. District Court for the Western District of Kentucky

Filed Date: Oct. 21, 2002

Clearinghouse coding complete

Case Summary

For twenty-five years, the Jefferson County Public Schools (JCPS) maintained an integrated school system in and near Louisville, Kentucky, under a 1975 federal court decree. After release from that decree, the JCPS elected to continue its integrated schools through a "managed choice plan" that included broad racial guidelines (the 2001 Plan). Subsequently, several students and their parents alleged in a civil complaint on 10/21/2002 that the Board's student assignment plan violated their righ…

For twenty-five years, the Jefferson County Public Schools (JCPS) maintained an integrated school system in and near Louisville, Kentucky, under a 1975 federal court decree. After release from that decree, the JCPS elected to continue its integrated schools through a "managed choice plan" that included broad racial guidelines (the 2001 Plan). Subsequently, several students and their parents alleged in a civil complaint on 10/21/2002 that the Board's student assignment plan violated their rights under the Equal Protection Clause, as well as under Titles VI and VII of the Civil Rights Act of 1964, 42 U.S.C. § 703(a) (1), the Civil Rights Act of 1991, Title IX of the Educational Amendments of 1972, 20 U.S.C. § 1681, the First and Fourteenth Amendments, and state constitutional and statutory provisions. The plaintiffs were represented by private counsel.

District Judge John G. Heyburn grappled with resolving the plaintiffs' case in the wake of then-recent Supreme Court decisions upholding race-conscious admissions policies at a state law school while striking down different race-conscious admissions policies at an undergraduate school on the same campus. See Grutter v. Bollinger, 539 U.S. 306 (2003) and Gratz v. Bollinger, 539 U.S. 244 (2003). Judge Heyburn observed that the Supreme Court cases set out a requirement that any use of race in a higher education admissions plan must further a compelling governmental interest and must be narrowly tailored to meet that interest, whereas the case before him involved the different context of an elementary and secondary school student assignment plan.

After presiding over a five-day hearing in December 2003, and considering extensive stipulations and exhibits, the judge found on June 29, 2004, that JCPS' managed choice plan met the compelling interest requirement because the district had articulated some of the same reasons for integrated public schools that the Supreme Court upheld in Grutter. Moreover, the Board described other compelling interests and benefits of integrated schools (such as improved student education and community support for public schools) that were not relevant in the law school context but were relevant to public elementary and secondary schools. The court also found that, in most respects, the JCPS student assignment plan also met the narrow-tailoring requirement. The plan's broad racial guidelines did not constitute a quota and, in the judge's view, avoided the use of race in predominant and unnecessary ways that unduly harmed members of a particular racial group. The Board also used other race neutral means, such as geographic boundaries, special programs and student choice, to achieve racial integration. Judge Heyburn found, however, that the Board used a student assignment process for the "traditional" schools that it operated that was distinct from the process employed at all other programs and schools. In the traditional schools' assignment process, JCPS separated students into racial categories in a manner that the judge found was completely unnecessary to accomplish its objective of maintaining a fully integrated countywide system of schools. To the extent the 2001 Plan incorporated racial categorization procedures for assignments to traditional schools, the court concluded that it violated the Equal Protection Clause. The judge ruled that the Board could continue to administer the 2001 Plan in every respect in all of its schools, with the exception of its use of racial categories in the traditional school assignment process. McFarland v. Jefferson County Public Schools, 330 F. Supp.2d 834 (W.D. Ky. 2004). (Footnote 8 of Judge Heyburn's order lists numerous reported decisions he regarded as legal predecessors of his opinion, including one--Hampton v. Jefferson County Board of Education, 72 F. Supp.2d 753 (W.D. Ky. 1999)--which provides a complete legal and historical background of the case.)

One of the plaintiffs appealed and, on July 25, 2006, the district court's ruling was affirmed in a per curiam decision by the U.S. Court of Appeals for the Sixth Circuit. 416 F.3d 513 (6th Cir. 2006). That plaintiff, however, petitioned the Supreme Court to issue a writ of certiorari in order to review the Sixth Circuit's affirmance. On June 5, 2006, the Supreme Court issued the writ and directed that the case and a similar appeal involving public schools in Seattle, WA. were to be considered together. Parents Involved in Community Schools v. Seattle School Dist. No. 1, 547 U.S. 1177 (2006).

In June 2007, the Supreme Court issued its ruling addressing the issues raised in the two cases. Published as Parents Involved in Community Schools v. Seattle School Dist. No. 1, 551 U.S. 701, 127 S. Ct. 2738, 168 L. Ed. 2d 508 (June 28, 2007), the ruling consists of several parts, with some mustering a 5-4 majority and others only a plurality. The majority framed the issue as whether a public school system that had not operated legally segregated schools (i.e., Seattle) or that had been found to be unitary (i.e., Jefferson County) may choose to classify students by race and rely upon that classification in making school assignments. Although the appellate courts had upheld the school systems in each case, the Supreme Court reversed. After reviewing the operation of the racial classifications used by each school system and ruling that changed circumstances did not deprive it of jurisdiction, the Supreme Court set out the framework it used to evaluate the two cases. Its' prior cases, in evaluating the use of racial classifications in the school context, recognized two interests that qualified as compelling. The first was the compelling interest of remedying the effects of past intentional discrimination. This factor could not apply to the Seattle system, which had never engaged in such discrimination, nor to the JCPS system, which had been found to be unitary. The second government interest recognized as compelling was the interest in diversity in higher education, but only where the racial component of the process is a part of an individualized, holistic consideration process. Because each system under review relied on racial classifications in a nonindividualized, mechanical way, and because of the different context presented by public elementary and secondary schools in comparison to higher education, the school systems' could not rely on race as they had; Grutter did not govern. In a portion of his opinion garnering three concurring votes, Chief Justice Roberts wrote that the racial classifications employed by the districts were not narrowly tailored to the goal of achieving the educational and social benefits asserted to flow from racial diversity. In his view of their design and operation, the plans were directed only to racial balance, pure and simple, an objective he said that the Court had repeatedly condemned as illegitimate. He rejected use of racial balancing as an end in itself and rejected efforts to re-label the practice as racial diversity, avoidance of racial isolation, or racial integration. To the Chief Justice, the Constitution prohibited the states' use of means that treat students solely as members of a racial group, rather than as individuals. In the following part of his opinion, he noted that both districts asserted the minimal impact of the districts' racial classifications on school enrollment, observing that the assertion casts doubt on the necessity component of assessing governmental use of racial classifications. Nor had either district shown they seriously considered other, race-neutral methods of achieving their educational goals. The opinion described what the Chief Justice considered flaws in a lengthy dissent authored by Justice Stephen Breyer. Justice Stevens also filed a dissenting opinion. Justice Thomas filed a concurring opinion and Justice Kennedy filed a separate opinion concurring in part and concurring in the judgment. The cases were remanded to the Courts of Appeals for further proceedings.

Subsequently, the Sixth Circuit returned the JCPS case to the district court for further proceedings. That court's docket sheet reflects that Judge Heyburn held a status conference in early August 2007, and concluded afterward that, based upon the School Board's then-expressed intentions, the Board was in compliance with the Supreme Court's ruling. The judge noted that plaintiff's counsel stated he would not be seeking any further equitable relief on behalf of plaintiff or any other persons.

On August 29, 2007, the court responded to a motion for a specific student to be enrolled in the elementary school of the student's choice. Although JCPS had allowed for enrollment prior to the order, the issue had brought the practice of questioning of different attendance zones for black and white students to determine assignments at three traditional magnet elementary schools to the court's attention. The court determined that the practice did not meet the "narrow tailoring standard" issued by the Supreme Court in Grutter v. Bollinger, 539 U.S. 306, 334 (2003). JCPS was ordered to discontinue the practice as a result.

On November 9, 2007, Judge Heyburn ordered an award of $ 200,000 in attorney’s fees and $10,138.02 in expenses. JCPS provided notice of satisfaction of this judgment in December of 2007.

Two months later, the plaintiffs requested that the case be reopened. On March 11, 2008, the court denied the plaintiff's motion, stating that the plaintiffs was not affected by the new plan and thus had no standing.

This case is now closed.

Summary Authors

Mike Fagan (6/30/2008)

Erin Pamukcu (1/28/2016)

Virginia Weeks (11/6/2016)

Related Cases

Parents Involved In Community Schools v. Seattle School District No. 1, Western District of Washington (2000)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4731174/parties/mcfarland-v-jefferson-cty-public/


Judge(s)

Breyer, Stephen Gerald (District of Columbia)

Daughtrey, Martha Craig (Tennessee)

Heyburn, John Gilpin II (Kentucky)

Jordan, Kent A. (Delaware)

Kennedy, Anthony McLeod (District of Columbia)

Norris, Alan Eugene (Ohio)

Roberts, John Glover Jr. (District of Columbia)

Stevens, John Paul (District of Columbia)

Thomas, Clarence (District of Columbia)

Attorneys(s) for Plaintiff

Gordon, Teddy B. (Kentucky)

Judge(s)

Breyer, Stephen Gerald (District of Columbia)

Daughtrey, Martha Craig (Tennessee)

Heyburn, John Gilpin II (Kentucky)

Jordan, Kent A. (Delaware)

Kennedy, Anthony McLeod (District of Columbia)

Norris, Alan Eugene (Ohio)

Roberts, John Glover Jr. (District of Columbia)

Stevens, John Paul (District of Columbia)

Thomas, Clarence (District of Columbia)

Attorneys(s) for Plaintiff

Gordon, Teddy B. (Kentucky)

Attorneys(s) for Defendant

Le, Chinh Quang (New York)

Ledford, Pamela J. (Kentucky)

Leet, Byron E. (Kentucky)

Mellen, Francis J. Jr. (Kentucky)

Other Attorney(s)

Borkowski, John W. (District of Columbia)

Cubbage, Amy D. (Kentucky)

Darling, Chester (Massachusetts)

Flanery, Taylor Spalding (Kentucky)

Friedman, David A. (Kentucky)

Kauffman, Albert H. (Texas)

Kobersy, Maya R. (District of Columbia)

Main, Amanda G. (Kentucky)

Metzmeier, Jeffrey T. (Kentucky)

Papalia, Bridget H. (Kentucky)

Ransdell, Morgan G. (Kentucky)

Roughsedge, Robert J. (Massachusetts)

Sneed, Maree F. (District of Columbia)

Snyder, Sheryl G. (Kentucky)

Williams, Michael (Massachusetts)

Documents in the Clearinghouse

Document

3:02-cv-00620

Docket (PACER)

McFarland, et al v. Jefferson Cty Public, et al

Oct. 16, 2013

Oct. 16, 2013

Docket
57

3:02-cv-00620

Memorandum Opinion

McFarland, et al v. Jefferson County Public Schools

330 F.Supp.2d 834

June 29, 2004

June 29, 2004

Order/Opinion

04-05897

Judgment and Opinion

McFarland, et al v. Jefferson County Public Schools, et al

U. S. Court of Appeals for the Sixth Circuit

416 F.3d 513

July 22, 2005

July 22, 2005

Order/Opinion

05-00915

[Untitled]

Meredith v. Jefferson County Board of Education

Supreme Court of the United States

547 U.S. 1178, 126 S.Ct. 2351, 165 L.Ed.2d 277

June 5, 2006

June 5, 2006

Order/Opinion

05-00915

Supreme Court Opinion (Slip Copy)

Parents Involved in Community Schools v. Seattle School District No. 1

Supreme Court of the United States

551 U.S. 701, 127 S.Ct. 2738

June 28, 2007

June 28, 2007

Order/Opinion
88

3:02-cv-00620

Order

Meredith v. Jefferson County Board of Education

Aug. 3, 2007

Aug. 3, 2007

Order/Opinion
101

3:02-cv-00620

Memorandum Opinion and Order

Meredith v. Jefferson County Board of Education

Aug. 30, 2007

Aug. 30, 2007

Order/Opinion
114

3:02-cv-00620

Order

Meredith v. Jefferson County Board of Education

Nov. 9, 2007

Nov. 9, 2007

Order/Opinion
125

3:02-cv-00620

Memorandum and Order

Meredith v. Jefferson County Board of Education

March 12, 2008

March 12, 2008

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4731174/mcfarland-v-jefferson-cty-public/

Last updated Aug. 1, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
83

MEMORANDUM OPINION AND ORDER by John G. Heyburn II on 7/27/2007. For the reasons set forth, DN 81 MOTION for Contempt and for Incarceration filed by Crystal D. Meredith is DENIED.cc:Counsel(RLK)

July 27, 2007

July 27, 2007

RECAP
1

COMPLAINT filed; (Summons(es) issued) filing fee pd − receipt # 320660 (PAC) (Entered: 10/22/2002)

Oct. 21, 2002

Oct. 21, 2002

93

MEMORANDUM AND ORDER by Chief Judge John G. Heyburn II on 8/21/2007 denying 91 Plaintiff's Motion for Disclosure of Defendant's attorney's fees. cc: Counsel (RLK)

Aug. 22, 2007

Aug. 22, 2007

RECAP

MAGISTRATE JUDGE DESIGNATION: JDM (PAC) (Entered: 10/22/2002)

Oct. 21, 2002

Oct. 21, 2002

FILE SUBMITTED to Judge Coffman for new case review. (ARK) (Entered: 11/01/2002)

Nov. 1, 2002

Nov. 1, 2002

101

MEMORANDUM OPINION AND ORDER by Chief Judge John G. Heyburn II on 8/29/2007. Plaintiff has moved to compel JCPS to enroll a specifically named student in the 4th Grade at Greathouse-Shyrock Traditional Elementary School. The motion raised concerns about the viability of counsel requesting specific relief on behalf of a non-party. For the reasons set forth, Plaintiff's motion for specific relief is denied as moot. JCPS has indicated its intention to follow the guidelines set out herein. cc: Counsel (RLK)

Aug. 30, 2007

Aug. 30, 2007

RECAP

RETURN OF SERVICE executed upon defendant Jefferson Cty Public on 10/25/02 (SDB) (Entered: 11/04/2002)

Nov. 1, 2002

Nov. 1, 2002

RETURN OF SERVICE executed upon defendant Stephen Daeschner on 10/25/02 (SDB) (Entered: 11/04/2002)

Nov. 1, 2002

Nov. 1, 2002

RETURN OF SERVICE executed upon defendant Jefferson Cty Bd Ed on 10/25/02 (SDB) (Entered: 11/04/2002)

Nov. 1, 2002

Nov. 1, 2002

2

MOTION by defendant to reassign/transfer case to Chief Judge Heyburn ; Memorandum in Support; order tendered (SDB) (Entered: 11/12/2002)

Nov. 8, 2002

Nov. 8, 2002

3

ANSWER by defendants Jefferson Cty Public, Jefferson Cty Bd Ed, Stephen Daeschner to [1−1] (SEALED) (Entered: 11/15/2002)

Nov. 13, 2002

Nov. 13, 2002

4

RESPONSE by plaintiff David McFarland to motion to reassign/transfer case to Chief Judge Heyburn [2−1]; order tendered (SDB) (Entered: 11/21/2002)

Nov. 20, 2002

Nov. 20, 2002

FILE RETURNED (PAC) (Entered: 12/17/2002)

Dec. 17, 2002

Dec. 17, 2002

5

ORDER by Judge Jennifer B. Coffman granting motion to reassign/transfer case to Chief Judge Heyburn [2−1] case reassigned to Chief Judge John G. Heyburn II, for further proceedings (cc: all counsel) [Entry Date: 12/17/02] (PAC) (Entered: 12/17/2002)

Dec. 17, 2002

Dec. 17, 2002

7

ORDER ON CONFERENCE by Chief Judge John G. Heyburn II ; plaintiff granted till 3/4/03 to add parties ; pretrial conference held on 1/21/03 , , CASE STAYED pending a decision by the US Supreme Court (cc: all counsel) [Entry Date: 1/23/03] (PAC) (Entered: 01/23/2003)

Jan. 23, 2003

Jan. 23, 2003

8

AMENDED COMPLAINT [1−1] by David McFarland; adding Ronald Jeffrey Pittenger (PAC) (Entered: 03/06/2003)

March 5, 2003

March 5, 2003

9

MOTION by plaintiff for leave to file amended cmp ; order tendered (PAC) (Entered: 03/11/2003)

March 10, 2003

March 10, 2003

10

MOTION by plaintiffs for leave to file 2nd amd cmp ; order tendered; 2nd amd cmp attached (SDB) (Entered: 03/21/2003)

March 21, 2003

March 21, 2003

11

MOTION by plaintiffs David McFarland and Ronald Jeffrey Pittenger for leave to file 3rd amd cmp ; order tendered; 3rd amd cmp attached (SDB) (Entered: 04/11/2003)

April 9, 2003

April 9, 2003

12

RESPONSE by Jefferson Cty Public, Jefferson Cty Bd Ed, Stephen W. Daeschner to motion for leave to file 3rd amd cmp [11−1] ; order tendered (PAC) (Entered: 04/15/2003)

April 15, 2003

April 15, 2003

13

REPLY by plaintiffs to response to motion for leave to file 3rd amd cmp [11−1] (SDB) (Entered: 04/22/2003)

April 22, 2003

April 22, 2003

13

MOTION by plaintiffs to extend time for additional plaintiffs to join action to 5/9/03 ; order tendered (SDB) (Entered: 04/22/2003)

April 22, 2003

April 22, 2003

FILE SUBMITTED to Judge Heyburn (MJH) (Entered: 04/29/2003)

April 29, 2003

April 29, 2003

FILE RETURNED (PAC) (Entered: 05/02/2003)

May 2, 2003

May 2, 2003

14

ORDER by Chief Judge John G. Heyburn II granting motion for leave to file 3rd amd cmp [11−1], granting motion for leave to file 2nd amd cmp [10−1] (cc: all counsel) [Entry Date: 5/2/03] (PAC) (Entered: 05/02/2003)

May 2, 2003

May 2, 2003

15

SECOND AMENDED COMPLAINT by plaintiff; adding Anthony Underwood (PAC) (Entered: 05/02/2003)

May 2, 2003

May 2, 2003

16

THIRD AMENDED COMPLAINT by plaintiff; adding Crystal D. Meredith (PAC) (Entered: 05/02/2003)

May 2, 2003

May 2, 2003

17

ANSWER by defendants to First Amended Complaint [8−1] (PAC) (Entered: 05/07/2003)

May 7, 2003

May 7, 2003

18

ANSWER by defendants to Second Amended Complaint [15−1] (PAC) (Entered: 05/07/2003)

May 7, 2003

May 7, 2003

19

ANSWER by defendants to Third Amended Complaint [16−1] (PAC) (Entered: 05/07/2003)

May 7, 2003

May 7, 2003

20

MOTION by plaintiff for order to end the use of racial quotas ;Memorandum in Support; order tendered (PAC) (Entered: 05/29/2003)

May 28, 2003

May 28, 2003

21

MOTION by plaintiff for leave to file fourth amended cmp ; Fourth amended cmp attached: order tendered (PAC) (Entered: 05/30/2003)

May 30, 2003

May 30, 2003

22

RESPONSE by defendant to motion for leave to file fourth amended cmp [21−1], to motion for order to end the use of racial quotas [20−1] ; order tendered (PAC) (Entered: 06/16/2003)

June 16, 2003

June 16, 2003

22

AFFIDAVIT of Patricia K. Todd re [22−1] (PAC) (Entered: 06/16/2003)

June 16, 2003

June 16, 2003

FILE SUBMITTED to Judge Heyburn (MJH) (Entered: 06/17/2003)

June 17, 2003

June 17, 2003

FILE RETURNED (MJH) (Entered: 06/27/2003)

June 27, 2003

June 27, 2003

FILE SUBMITTED to Judge Heyburn (MJH) (Entered: 07/16/2003)

July 16, 2003

July 16, 2003

FILE RETURNED (ARK) (Entered: 07/23/2003)

July 23, 2003

July 23, 2003

24

ORDER by Chief Judge John G. Heyburn II denying motion for leave to file fourth amended cmp [21−1], denying motion for order to end the use of racial quotas [20−1], denying motion to extend time for additional plaintiffs to join action to 5/9/03 [13−1] ; pretrial conference held on 7/21/03 , ; pretrial conf set for 9:30 11/10/03 before Chief Judge John G. Heyburn II ; evidentiary hearing set for 1:30 12/8/03 and 12/9/03 at 9:30 before Chief Judge John G. Heyburn II (cc: all counsel) [Entry Date: 7/24/03] (PAC) (Entered: 07/24/2003)

July 24, 2003

July 24, 2003

25

MOTION for Pretrial Conference by defendants. Responses due by 9/22/2003 (Attachments: # 1 Proposed Order)(MLG) (Entered: 09/04/2003)

Sept. 3, 2003

Sept. 3, 2003

26

ORDER by John G. Heyburn II on 10/14/2003; granting motion for hearing; pretrial conf set for 10/20/2003 at 1:30 p.m. 25 (TAC) (Entered: 10/14/2003)

Oct. 14, 2003

Oct. 14, 2003

27

ORDER for proceedings held before John G. Heyburn II: Pretrial Conference held on 10/20/2003. Pretrial Conference set for 11/10/2003 9:30 AM in Chambers before Chief Judge John G. Heyburn II. (TAC) (Entered: 10/27/2003)

Oct. 27, 2003

Oct. 27, 2003

28

ORDER for proceedings held before John G. Heyburn II: Pretrial Conference held on 11/12/2003. Matter remains set for evidentiary hearing on 12/8/2003 at 1:30 p.m. (TAC) (Entered: 11/12/2003)

Nov. 12, 2003

Nov. 12, 2003

29

MOTION for Chinh Quang Le to Appear Pro Hac Vice by plaintiffs. Responses due by 12/8/2003 (Attachments: #(1) Affidavit #(2) Proposed Order)(MLG) (Entered: 11/20/2003)

Nov. 20, 2003

Nov. 20, 2003

30

MOTION for Leave to participate Amicus Curiae. Responses due by 12/8/2003 (Attachments: # 1 Proposed Order)(MLG) (Entered: 11/20/2003)

Nov. 20, 2003

Nov. 20, 2003

31

MOTION in Limine to prohibit Ward Connerly from testifying by defendants. Responses due by 12/9/2003 (Attachments: #(1) Exhibit A #(2) Exhibit B #(3) Exhibit C #(4) Exhibit D #(5) Proposed Order)(MLG) (Entered: 11/21/2003)

Nov. 21, 2003

Nov. 21, 2003

32

STIPULATION of Facts by Stephen W. Daeschner ; Jefferson County Board of Education ; Jefferson County Public Schools ; David McFarland ; Crystal D. Meredith ; Ronald Jeffrey Pittenger ; Anthony Underwood. (Attachments: #(1) Table of Contents #(2) Exhibit List (Exhibits in separate folders))(MLG) (Entered: 11/21/2003)

Nov. 21, 2003

Nov. 21, 2003

33

RESPONSE to Motion in limine re 31 by David McFarland. (Attachments: # 1 Proposed Order)(TAC) (Entered: 11/24/2003)

Nov. 21, 2003

Nov. 21, 2003

34

MOTION in Limine to prohibit any testimony of the whatsoever by dfts by David McFarland ; Crystal D. Meredith. Responses due by 12/9/2003 (Attachments: # 1 Proposed Order)(TAC) (Entered: 11/24/2003)

Nov. 21, 2003

Nov. 21, 2003

35

RESPONSE to Motion in limine re 34 by Stephen W. Daeschner, Jefferson County Board of Education, Jefferson County Public Schools. (Attachments: # 1 Exhibit A# 2 Proposed Order)(TAC) (Entered: 11/25/2003)

Nov. 24, 2003

Nov. 24, 2003

36

MOTION to substitute expert for trial by David McFarland. Responses due by 12/15/2003 (Attachments: # 1 Affidavit Teddy B. Gordon# 2 Proposed Order)(TAC) (Entered: 11/26/2003)

Nov. 25, 2003

Nov. 25, 2003

37

MOTION for service of subpoena for taking of deposition by David McFarland. Responses due by 12/15/2003 (Attachments: # 1 Proposed Order # 2 Subpoena to be served)(TAC) (Entered: 11/26/2003)

Nov. 25, 2003

Nov. 25, 2003

38

RESPONSE to plaintiffs motions of 11/25/2003 to 36 37 (Attachments: # 1 Proposed Order)(TAC) (Entered: 11/26/2003)

Nov. 26, 2003

Nov. 26, 2003

39

ORDER by John G. Heyburn II on 11/26/2003; Ward Connerly's deposition shall be scheduled by 12/4/2003. 31 36 Denying Motion to substitute Dr. David Armor as an expert witness 37 Denying motion for issuance of a subpoena to Larry Bell. (TAC) (Entered: 12/01/2003)

Dec. 1, 2003

Dec. 1, 2003

40

ORDER by John G. Heyburn II on 11/24/2003; granting 29 Motion to Appear Pro Hac Vice, granting 30 Motion for Leave to participate Amicus Curiae. (TAC) (Entered: 12/01/2003)

Dec. 1, 2003

Dec. 1, 2003

41

MOTION for Leave to file an Amicus Curiae Brief . Responses due by 12/29/2003 (Attachments: # 1 Proposed Order)(TAC) (Entered: 12/11/2003)

Dec. 11, 2003

Dec. 11, 2003

42

MOTION for Leave to file and amicus curiae brief by Kentucky Commission on Human Rights. Responses due by 1/6/2004 (Attachments: # 1 Proposed Order)(TAC) (Entered: 12/19/2003)

Dec. 19, 2003

Dec. 19, 2003

43

ORDER for proceedings held before John G. Heyburn II: Evidentiary Hearing held December 8,9,10,11 & 12, 2003. Transcript testimony due by 1/13/2004. Simultaneous briefs due by 1/30/2004, replies by 2/15/2004. (TAC) (Entered: 01/08/2004)

Jan. 7, 2004

Jan. 7, 2004

44

TRANSCRIPT of Evidentiary Hearing Proceedings (Volume 1) held on 12/8/2003 before Judge John G. Heyburn II. Court Reporter: A. Wernecke. (IN EXPANDABLE FOLDER). (Attachments: # 1continuation of transcript pgs 51−99# 2 continuation of transcript pgs 100−140)(TAC) (Entered: 01/13/2004)

Jan. 12, 2004

Jan. 12, 2004

45

TRANSCRIPT of Evidentiary Hearing Proceedings Volume 2 held on 12/9/2003 before Judge John G. Heyburn II. Court Reporter: A. Wernecke. . (Attachments: # 1 continuation of transcript pgs 51−100# 2 continuation of transcript pgs 101−150# 3 continuation of transcript pgs 151−200# 4 continuation of transcript 201−211)(TAC) (Entered: 01/13/2004)

Jan. 12, 2004

Jan. 12, 2004

46

TRANSCRIPT of Evidentiary Hearing Proceedings−Volume 4 held on 12/11/2003 before Judge John G. Heyburn II. Court Reporter: A. Wernecke. (IN EXPANDABLE FOLDER). (Attachments: # 1 continuation of transcript pgs 51−100# 2 continuation of transcript pgs 101−150# 3 continuation of transcript pgs 151−200# 4 continuation of transcript pgs 201−226)(TAC) (Entered: 01/13/2004)

Jan. 12, 2004

Jan. 12, 2004

47

TRANSCRIPT of Evidentiary Hearing Proceedings−Volume 4 held on 12/11/2003 before Judge John G. Heyburn II. Court Reporter: A. Wernecke. (IN EXPANDABLE FOLDER). (Attachments: # 1 continuation of transcript pgs 51−100# 2 continuation of transcript pgs 101−152)(TAC) (Entered: 01/13/2004)

Jan. 12, 2004

Jan. 12, 2004

48

TRANSCRIPT of Evidentiary Hearing Proceedings−Volume 5 held on 12/12/2003 before Judge John G. Heyburn II. Court Reporter: A. Wernecke. (IN EXPANDABLE FOLDER). (Attachments: # 1 continuation of transcript pgs 51−124)(TAC) (Entered: 01/13/2004)

Jan. 12, 2004

Jan. 12, 2004

49

Agreed Order that briefs to be filed by 2/2/2004 . (TAC) (Entered: 01/29/2004)

Jan. 29, 2004

Jan. 29, 2004

50

AGREED ORDER by John G. Heyburn II on 1/30/2004; re 43 Principal briefs to be filed by 2/2/2004(TAC) (Entered: 01/30/2004)

Jan. 30, 2004

Jan. 30, 2004

51

AMICUS CURIAE BRIEF by American Civil Liberties Union of Kentucky, Inc. ; Kentucky Commission on Human Rights. (TAC) (Entered: 02/02/2004)

Jan. 30, 2004

Jan. 30, 2004

52

MEMORANDUM OF FACTS AND LAW by David McFarland ; Crystal D. Meredith ; Ronald Jeffrey Pittenger ; Anthony Underwood. (TAC) (Entered: 02/02/2004)

Jan. 30, 2004

Jan. 30, 2004

53

POST−TRIAL BRIEF of Amicus Curiae by NAACP Legal Defense and Educational Fund, Inc.. (Attachments: # 1 Continuation of brief pgs 51−71)(TAC) (Entered: 02/03/2004)

Feb. 2, 2004

Feb. 2, 2004

54

POST−HEARING BRIEF by Stephen W. Daeschner ; Jefferson County Board of Education ; Jefferson County Public Schools. (Attachments: # 1 Continuation of brief pgs 51−79)(TAC) (Entered: 02/03/2004)

Feb. 2, 2004

Feb. 2, 2004

55

REPLY brief to Memorandum of Facts and Law re 52 by Stephen W. Daeschner, Jefferson County Board of Education. (TAC) (Entered: 02/13/2004)

Feb. 13, 2004

Feb. 13, 2004

56

REPLY BRIEF re 50 by David McFarland ; Crystal D. Meredith ; Ronald Jeffrey Pittenger ; Anthony Underwood. (TAC) (Entered: 02/17/2004)

Feb. 13, 2004

Feb. 13, 2004

58

MOTION for Attorney Fees by David McFarland. Responses due by 7/27/2004 (Attachments: # 1 Memorandum in Support # 2 Exhibit # 3 Affidavit Teddy B. Gordon# 4 Proposed Order)(TAC) (Entered: 07/14/2004)

July 9, 2004

July 9, 2004

59

AFFIDAVIT in support of attorney fees by Charles E. Ricketts, Jr. (TAC) (Entered: 07/14/2004)

July 12, 2004

July 12, 2004

60

AFFIDAVIT in support of attorney fees as to Gerry Ellis re 57 . (TAC) (Entered: 07/14/2004)

July 14, 2004

July 14, 2004

61

AFFIDAVIT in support of Attorney Fees as to V. Jeffery Alston . (TAC) (Entered: 07/15/2004)

July 15, 2004

July 15, 2004

62

AFFIDAVIT in support of attorney fees as to Michael Boylan re 57 (TAC) (Entered: 07/22/2004)

July 21, 2004

July 21, 2004

63

RESPONSE to Motion for attorney's fees re 58 by Stephen W. Daeschner, Jefferson County Board of Education. (Attachments: # 1 Exhibit # 2 Proposed Order)(TAC) (Entered: 07/23/2004)

July 23, 2004

July 23, 2004

64

NOTICE OF APPEAL as to 57 by Crystal D. Meredith. Filing fee $ 255, receipt number 108234. (TAC) (Entered: 07/26/2004)

July 23, 2004

July 23, 2004

65

REPLY to Response to Motion for attorney fees re 58 by Crystal D. Meredith. (TAC) (Entered: 07/30/2004)

July 30, 2004

July 30, 2004

66

MOTION to Amend Counsel for plaintiffs by plaintiffs (Attachments: # 1 Proposed Order)(TAC) (Entered: 08/04/2004)

Aug. 3, 2004

Aug. 3, 2004

67

DESIGNATION of Record on Appeal by Plaintiffs re 64 Notice of Appeal (TAC) (Entered: 08/04/2004)

Aug. 3, 2004

Aug. 3, 2004

68

TRANSCRIPT REQUEST by Plaintiffs−already filed re 64 (TAC) (Entered: 08/04/2004)

Aug. 3, 2004

Aug. 3, 2004

USCA Case Number 04−5897 for 64 Notice of Appeal filed by Crystal D. Meredith. (TAC) (Entered: 08/05/2004)

Aug. 5, 2004

Aug. 5, 2004

69

ORDER for proceedings held before John G. Heyburn II: Telephone Conference held on 8/5/2004, Motion for Attorney Fees remanded pending a decision by USCA. 58 (TAC) (Entered: 08/06/2004)

Aug. 6, 2004

Aug. 6, 2004

70

JUDGMENT of USCA as to 64 Notice of Appeal filed by Crystal D. Meredith, Judgment of District Court is affirmed. (TAC) (Entered: 07/25/2005)

July 22, 2005

July 22, 2005

71

NOTICE of removal of Pamela J. Ledford from service list(TAC) (Entered: 07/27/2005)

July 27, 2005

July 27, 2005

72

SUPPLEMENT / CORRECTED PAGE re 70 USCA Judgment. (SDB) (Entered: 08/26/2005)

Aug. 24, 2005

Aug. 24, 2005

73

MANDATE of USCA as to 64 Notice of Appeal filed by Crystal D. Meredith, affirming decision of USDC. (SDB) (Entered: 11/03/2005)

Nov. 1, 2005

Nov. 1, 2005

74

Courtesy Copy of notice from Supreme Court of U.S.; pet for cert is granted; case to be argued in tandem with No. 05−908, Parents Involved in Comm. Schs. v. Seattle Sch. Dist. No. 1. (SDB) (Entered: 06/14/2006)

June 12, 2006

June 12, 2006

75

Copy of letter from U.S. Supreme Court to 6th Cir: Petition for Writ of Certiorari was filed on 1/18/06, No. 05−915. (NMB) (Entered: 06/21/2006)

June 20, 2006

June 20, 2006

77

NOTICE ; district court file sent to U.S. Supreme Court. (TLB) (Entered: 10/25/2006)

Oct. 25, 2006

Oct. 25, 2006

ERROR: MOTION (originally filed as DN 78) docketed by Counsel without signature(s). Motion containing signature(s) redocketed by Counsel. See DN 80 . Modified on 7/26/2007 (RLK). (Entered: 07/25/2007)

July 25, 2007

July 25, 2007

ERROR: MOTION (originally filed as DN 79) docketed by Counsel without signature(s). Motion with signature(s) redocketed by Counsel. See DN 81 . Modified on 7/26/2007 (RLK). (Entered: 07/25/2007)

July 25, 2007

July 25, 2007

80

MOTION to Amend/Correct by Crystal D. Meredith. Responses due by 8/13/2007 (Attachments: # 1 Proposed Order # 2 Exhibit 1)(Gordon, Teddy) Additional attachment(s) added on 7/26/2007: separate proposed order from motion (RLK). Modified on 7/26/2007 (RLK). (Entered: 07/25/2007)

July 25, 2007

July 25, 2007

81

MOTION for Contempt by Crystal D. Meredith. Responses due by 8/13/2007 (Gordon, Teddy) Additional attachment(s) added on 7/26/2007: separate motion, memo in support, and proposed order (RLK). Modified on 7/26/2007 (RLK). (Entered: 07/25/2007)

July 25, 2007

July 25, 2007

82

Copy of Letter from USCA w/Order (cert.) remanding matter to district court for further proceedings consistent with the opinion of the Supreme Court. (RLK) (Entered: 07/27/2007)

July 26, 2007

July 26, 2007

84

MOTION for Attorney Fees by Crystal D. Meredith. Responses due by 8/15/2007 (Attachments: #1 Memorandum in Support #2 Affidavit #3 Proposed Order #4 Exhibit − Ledger) (Gordon, Teddy) Additional attachment(s) added on 7/30/2007: separate motion, affidavit, proposed order (RLK). Modified on 7/30/2007 (RLK). (Entered: 07/28/2007)

July 28, 2007

July 28, 2007

86

MOTION for Hearing by Crystal D. Meredith. Responses due by 8/17/2007. (Attachments: # 1 Memorandum in Support # 2 Proposed Order (Gordon, Teddy) Additional attachment(s) added on 7/31/2007: separate motion, memo in support & proposed order (RLK). Modified on 7/31/2007 (RLK). (Entered: 07/30/2007)

July 30, 2007

July 30, 2007

87

ORDER (EBOC) by Chief Judge John G. Heyburn II on 7/31/2007. Status Hearing set for 8/2/2007 at 01:30 PM before Chief Judge John G. Heyburn II.cc: Counsel, CR−AW (RLK) (Entered: 07/31/2007)

July 31, 2007

July 31, 2007

Proceedings held before Chief Judge John G. Heyburn II: Status Conference held on 8/3/2007. (RLK) (Entered: 08/03/2007)

Aug. 3, 2007

Aug. 3, 2007

Case Details

State / Territory: Kentucky

Case Type(s):

School Desegregation

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 21, 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Students and parents of Jefferson County Public Schools

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Jefferson County Public Schools (Jefferson), School District

Jefferson County Board of Education (Jefferson), School District

Case Details

Causes of Action:

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Amount Defendant Pays: 210,138.02

Issues

General:

Classification / placement

Disparate Treatment

Discrimination-basis:

Race discrimination

Race:

Race, unspecified