Case: Keyes v. School District No. 1

1:69-cv-01499 | U.S. District Court for the District of Colorado

Filed Date: 1969

Closed Date: 1997

Clearinghouse coding complete

Case Summary

Keyes--the Denver school desegregation case--was the first northern school desegregation case to reach the Supreme Court, and one of the only cases where the Supreme Court identified segregation in northern schools. The Supreme Court’s 1973 opinion was influential in defining “intent” in de facto segregation. The case lasted for decades, so this summary is necessarily partial. Prior to the filing of this lawsuit on 11/30/1978, the Denver School Board adopted three resolutions between January …

Keyes--the Denver school desegregation case--was the first northern school desegregation case to reach the Supreme Court, and one of the only cases where the Supreme Court identified segregation in northern schools. The Supreme Court’s 1973 opinion was influential in defining “intent” in de facto segregation.

The case lasted for decades, so this summary is necessarily partial.

Prior to the filing of this lawsuit on 11/30/1978, the Denver School Board adopted three resolutions between January 30, 1969 and March 20, 1969, Resolutions Nos. 1520, 1524, and 1531, as part of a plan to desegregate the schools in the Park Hill area of the northeast part of Denver, due to remaining de facto de segregation almost fifteen years after Brown v. Board of Education, 347 U.S. 483 (1954) was decided. Keyes v. Sch. Dist. No. One, Denver, Colorado, 303 F.Supp. 279 (D. Colo. 1969). These plans involved busing. However, in the next school board election, two board members who had supported the integration policies were defeated and replaced by new members. Id. at 283. On June 9, 1969, the resolutions were rescinded and replaced with a voluntary student transfer program. 413 U.S. 189, 192.

Later that month, June 1969, the plaintiffs filed this suit to enjoin the defendants from rescinding the resolutions that had required integration of the schools, and sought an order directing that the board desegregate and provide equal educational opportunity for the district “as a whole.” Keyes v. Sch. Dist. No. 1, 413 U.S. 189, 192 (1973). The plaintiffs were a group of parents of black and Hispanic schoolchildren in Denver Public Schools suing on behalf of their children and classes of persons similarly situated. They sued the Denver School District, the Board of Education, and its Superintendent in the U.S. District Court for the District of Colorado under 42 U.S.C. § 1983, 1985, 28 U.S.C. § 1343(3), (4), and the Fourteenth Amendment. The plaintiffs sought declaratory and injunctive relief, and alleged that the defendants had violated plaintiffs’ constitutional rights by treating them unequally with respect to their right to an education. 303 F.Supp. 279. The plaintiffs sought to enjoin the defendants from maintaining, requiring, continuing, encouraging and facilitating separation of children and faculty on the basis of race, and further from unequally allocating resources, services, and facilities on the basis of race. 445 F.2d 990, 994 (10th Cir. 1971).

The case was assigned to District Judge William E. Doyle, Jr. On July 31, 1969, Judge Doyle granted the plaintiffs’ motion for a preliminary injunction, finding that the rescission of the three resolutions constituted arbitrary state legislative action in violation of the Equal Protection Clause. 303 F.Supp. at 288–89. The school board appealed, and the district court made supplemental findings and conclusions, determining that the injunction should continue until the case was decided on the merits. 303 F.Supp. 289, 297 (D. Colo. 1969).

On March 21, 1970, the district court issued its decision on the merits, holding that if school board chose not to take positive steps to alleviate de facto segregation, then at a minimum it was required to insure that its schools offered equal educational opportunity, and that evidence had established that equal educational opportunity was not being provided at segregated schools within the school district.  313 F.Supp. 61. The district court set forth remedies in a subsequent decision. 313 F.Supp. 90 (D. Colo. 1970). Under the court’s plan, the segregated schools in the district would be integrated within two years; students would have free transfer with a space guarantee during an interim period, and compensatory education programs, including Head Start, would be provided to minority children. Id.

In the years that followed, there were numerous appeals, and the district court issued several orders and opinions building on its earlier decisions.

The district court found that the Denver schools had never been operated under a constitutional or statutory provision that required or permitted racial segregation in public education. Keyes v. Sch. Dist. No. 1, Denver, Colorado, 413 U.S. 189, 191 (1973). However, the district court had found that the district had used various techniques—including the construction of a new elementary school, gerrymandering of student attendance zones, the use of “optional zones,” and the “excessive use” of mobile classrooms—to carry out unconstitutional and deliberate racial segregation with respect to the Park Hill Area, in the northeast portion of the city of Denver. Id. at 192. The defense argued, and the district court held, that the even though one part of the Denver school system was guilty of segregation, it did not follow that the entire system was segregated as well. The district court found that the core city schools were maintained in violation of the Fourteenth Amendment because they were educationally inferior to “white” schools elsewhere in the district, and ordered them to provide substantially equal facilities for those schools. .

The Tenth Circuit reversed the relief regarding the core city schools, and affirmed the Park Hill ruling and “agreed that Park Hill segregation, even though deliberate, proved nothing regarding an overall policy of segregation.” Id.

The plaintiffs appealed to the Supreme Court, which issued its decision on June 21, 1973. In a 7-1 decision authored by Justice Brennan, the Court found that although there were no official laws supporting segregation in Denver, “the Board, through its actions over a period of years, intentionally created and maintained the segregated character of the core city schools.” 413 U.S. 189, 206. The Court held that when part of a school system is found to be segregated, a “prima facie case of unlawful segregative design” becomes apparent and the school district assumes the burden of proving that it operated without “segregative intent” on a system-wide basis. Id. at 208, 209–10. Because the Court found that the school district failed to do so, it must be declared a “dual system,” and the school board was ordered to desegregate the entire system “root and branch.” Id. at 213.

Justice Powell concurred in the judgment, arguing that the right way to think about school integration was to abandon the distinction between "de facto" and "de jure segregation," and require all school districts to take reasonable integrative measures. However, he argued that busing went beyond the appropriate obligations of school boards, even in a remedial context. Justice Rehnquist, newly on the Court, dissented, breaking the decades-long tradition of unanimity in school desegregation cases.

Litigation continued for more than two decades after the Supreme Court’s decision. In hearings in the immediate aftermath, the defendants resisted proposed remedial measures, and the district court compelled compliance. 380 F.Supp. 673 (D. Colo. 1974). The Tenth Circuit reversed the part-time classroom pairing and compensatory education provisions of the plan approved by the district court. 521 F.2d 465 (10th Cir. 1975). In 1976, the case was transferred to District Judge Richard Matsch.

The parties then agreed to a modified plan that was approved by court order entered in 1976, and agreed that no changes would be made for three years for stability’s sake. 540 F.Supp. 399, 400 (D. Colo. 1982). The plans set a target for all schools to have pupil populations within 15% of the district’s overall white enrollment. Id. at 400. In response to a declining school population and decreasing white enrollment, the school board passed a resolution to close four elementary schools and change pupil assignments for the 1979–1980 academic year. Id. The school board created a Long-Range Planning Committee and an Ad Hoc Committee, which produced a report with recommendations in March 1980, and designed two new, different student assignment plans, respectively. Id. at 401.

The school board submitted the two student assignment plans on October 30, 1981, and both were rejected by the district court. Id. at 401. By a 4-3 majority, the “sharply divided” school board submitted the “Total Access Plan” of open enrollment with optional educational opportunities in magnet schools. Id. The court found that the Plan was “the kind of neutrality which was criticized by the Supreme Court in Green v. School Board of New Kent County, 391 U.S. 430 (1968), and that it was “lacking in concern, commitment and capacity.” 540 F.Supp. at 402.

In 1982, the district court, with “qualifications and reservations,” permitted the school district to proceed with a new pupil assignment plan for the 1982-1983 school year. Id. at 400.

In 1984, the school district moved for an order declaring that the school district had achieved unitary status and terminating the court’s jurisdiction in the case. 609 F.Supp. 1491, 1492 (D. Colo. 1985). The district court found that the school district had not achieved unitary status. Id. The school district appealed, but the Tenth Circuit found that the district court’s finding that the school district had not achieved unitary status was not clearly erroneous. Keyes v. Sch. Dist. No. 1, 895 F.2d 659 (10th Cir., 1990). The school district appealed the case to the Supreme Court, but certiorari was denied. 482 U.S. 1082.

On remand, the district filed another motion to terminate jurisdiction. Chief Judge Matsch granted the motion, holding, among other things, that the school district had complied with desegregation degrees and that vestiges of past discrimination by the district had been eliminated “to the extent practicable.” Keyes v. Congress of Hispanic Educators, 902 F.Supp. 1274, 1287 (D. Colo. 1995).

The plaintiffs’ appeal was dismissed in August 1997 for lack of jurisdiction, and the case was closed; it remains closed.

Available Opinions

Keyes v. Sch. Dist. No. 1, Denver, Colorado, 303 F.Supp. 279 (D. Colo. 1969)

Keyes v. Sch. Dist. No. 1, Denver, Colorado, 303 F.Supp. 289 (D. Colo. 1969)

Keyes v. Sch. Dist. No. 1, Denver, Colorado, 396 U.S. 1215 (1969).

Keyes v. Sch. Dist. No. 1, Denver, Colorado, 313 F.Supp. 61 (D. Colo. 1970)

Keyes v. Sch. Dist. No. 1, Denver, Colorado, 313 F.Supp. 90 (D. Colo. 1970)

Keyes v. Sch. Dist. No. 1, Denver, Colorado, 445 F.2d 990 (10th Cir. 1971).

Keyes v. Sch. Dist. No. 1, 404 U.S. 1036 (1972) (granting certiorari).

Keyes v. Sch. Dist. No. 1, Denver, Colorado, 413 U.S. 189 (1973).

Keyes v. Sch. Dist. No. 1, 413 U.S. 921 (1973) (denying certiorari).

Keyes v. Sch. Dist. No. 1, 414 U.S. 883 (1973) (denying petition for rehearing).

Keyes v. Sch. Dist. No. 1, Denver, Colorado, 368 F.Supp. 207 (D. Colo. 1973).

Keyes v. Sch. Dist. No. 1, Denver, Colorado, 380 F.Supp. 673 (D. Colo. 1974).

Keyes v. Sch. Dist. No. 1, Denver, Colorado, 521 F.2d 465 (10th Cir. 1975).

Keyes v. Sch. Dist. No. 1, 423 U.S. 1066 (1976) (denying certiorari).

Keyes v. Sch. Dist. No. 1, Denver, Colorado, 474 F.Supp. 1265 (D. Colo. 1979)

Keyes v. Sch. Dist. No. 1, Denver, Colorado, 540 F.Supp. 399 (D. Colo. 1982).

Keyes v. Sch. Dist. No. 1, Denver, Colorado, 576 F.Supp. 1503 (D. Colo. 1983).

Keyes v. Sch. Dist. No. 1, Denver, Colorado, 609 F.Supp. 1491 (D. Colo. 1985).

Keyes v. Sch. Dist. No. 1, Denver, Colorado, 653 F.Supp. 1536 (D. Colo. 1987)

Keyes v. Sch. Dist. No. 1, Denver, Colorado, 670 F.Supp. 1513 (D. Colo. 1987)

Keyes v. Sch. Dist. No. 1, Denver, Colorado, 895 F.2d 659 (10th Cir. 1990).

Keyes v. Sch. Dist. No. 1, 498 U.S. 1082 (1991) (denying certiorari).

Keyes v. Congress of Hispanic Educators, 902 F.Supp. 1274 (D. Colo. 1995)

Keyes v. Sch. Dist. No. 1, Denver, Colorado, 119 F.3d 1437 (10th Cir. 1997).

Summary Authors

Elizabeth Greiter (6/28/2018)

Related Cases

Brown v. Board of Education of Topeka, District of Kansas (1951)

People


Judge(s)

Brennan, William Joseph Jr. (District of Columbia)

Douglas, William Orville (District of Columbia)

Doyle, William Edward (District of Columbia)

Matsch, Richard Paul (Colorado)

Powell, Lewis Franklin Jr. (District of Columbia)

Rehnquist, William Hubbs (District of Columbia)

Attorneys(s) for Plaintiff

Barnes, Craig S. (Colorado)

Chachkin, Norman J. (New York)

Charleston, Frederick P. (Colorado)

Connery, Robert T. (Colorado)

Judge(s)

Brennan, William Joseph Jr. (District of Columbia)

Douglas, William Orville (District of Columbia)

Doyle, William Edward (District of Columbia)

Matsch, Richard Paul (Colorado)

Powell, Lewis Franklin Jr. (District of Columbia)

Rehnquist, William Hubbs (District of Columbia)

Attorneys(s) for Plaintiff

Barnes, Craig S. (Colorado)

Chachkin, Norman J. (New York)

Charleston, Frederick P. (Colorado)

Connery, Robert T. (Colorado)

De Baca, Armando C. (Colorado)

Enwall, Mitchell R. (Colorado)

Greenberg, Jack (New York)

Greiner, Gordon G. (Colorado)

Harper, Conrad K. (New York)

Herrera, Irma (California)

Jensen, Gerald L. (Colorado)

Kauffman, Albert H. (Texas)

Nabrit, James M. III (New York)

Parker, Dennis D. (New York)

Roos, Peter D. (California)

Treece, Lawrence W. (Colorado)

Wilson, James W. (Colorado)

Attorneys(s) for Defendant

Cockrell, Richard C. (Colorado)

Craig, Benjamin L. (Colorado)

Creighton, Thomas E. (Colorado)

Jackson, Michael Hodges (Colorado)

Manley, Robert E. (Ohio)

Neal, Phil C. (Illinois)

Pfeiffer, John S. (Colorado)

Quinn, Victor (Colorado)

Ris, William K. (Colorado)

Other Attorney(s)

Alcala, Carlos M. (Colorado)

Baca, Paul A. (Colorado)

Baller, Morris J. (California)

Beard, Hugh Joseph Jr. (District of Columbia)

Benson, Thomas Quentin (Colorado)

Brega, Charles F. (Colorado)

Butz, Ronald C. (Colorado)

Cantu, Norma V. (California)

Carvin, Michael Anthony (District of Columbia)

Clark, Colin M. (Colorado)

Cooper, Charles Justin (District of Columbia)

Griswold, Erwin N. (District of Columbia)

Hobbs, Larry F. (Colorado)

Keeling, Thomas M. (District of Columbia)

Landsberg, Brian K. (District of Columbia)

Martinez, Vilma S. (California)

Miller, Robert N. (Colorado)

Norman, David L. (District of Columbia)

Norton, Gale A. (Colorado)

Perez-Bustillo, Camilo (Massachusetts)

Plock, Richard H. Jr. (Colorado)

Reynolds, William Bradford (District of Columbia)

Rice, Roger L. (Massachusetts)

Rosen, Sanford Jay (California)

Salazar, Ken (Colorado)

Siegel, Kenneth (Colorado)

Temmer, Robert E. (Colorado)

Thro, William Eugene (Virginia)

Turner, James P. (District of Columbia)

Vols, Jeannine Bradley (Colorado)

Documents in the Clearinghouse

Document

Docket (PACER)

Keyes v. School District 1

Aug. 12, 1997 Docket

Memorandum Opinion and Order

Keyes v. School District 1

303 F.Supp. 279

July 31, 1969 Order/Opinion

Supplemental Findings, Conclusions and Temporary Injunction

Keyes v. School District 1

303 F.Supp. 289

Aug. 14, 1969 Order/Opinion

Memorandum Decision

Keyes v. School District 1

Supreme Court of the United States

396 U.S. 1215, 90 S.Ct. 12

Aug. 29, 1969 Order/Opinion

Memorandum Opinion and Order

Keyes v. School District 1

313 F.Supp. 61

March 21, 1970 Order/Opinion

Decision Re Plan or Remedy

Keyes v. School District 1

313 F.Supp. 90

May 21, 1970 Order/Opinion

Opinion

Keyes v. Sch. Dist. No. 1

U. S. Court of Appeals for the Tenth Circuit

445 F.2d 990

June 11, 1971 Order/Opinion

Memorandum for the United States as Amicus Curiae

Supreme Court of the United States

Oct. 1, 1972 Pleading / Motion / Brief

Opinion

Supreme Court of the United States

413 U.S. 189, 93 S.Ct. 2686

June 21, 1973 Order/Opinion

Memorandum Opinion and Order

Keyes v. School District 1

368 F.Supp. 207

Dec. 11, 1973 Order/Opinion

Resources

Title Description External URL

The Oyez Project, Keyes v School District No. 1, 413 U.S. 189 (1973)

Oyez Project

Information about the Supreme Court litigation in this case, including an audio recording of the oral argument, and written opinion. June 21, 1973 http://www.oyez.org/cases/1970-1979/1972/1972_71_507/

Keyes v. School District No. 1

Jessica Pearson and Jeffrey Pearson

Sept. 6, 1978

Justice and School Systems: The Role of the Courts in Education Litigation

Barbara Flicker

This book examines the effectiveness and deficiencies of judicial intervention in solving the problems of discrimination in the nation’s schools. The authors present case studies, surveys, and interv… May 10, 1990 http://www.temple.edu/tempress/titles/693_reg.html

Untoward Consequences: The Ironic Legacy of Keyes v. School District No. 1

Rachel Moran

The Keyes case began with high hopes that desegregation would lead to educational equity for black and Latino students in the Denver Public Schools. The lawsuit made history by successfully using cir… Oct. 8, 2013 https://www.law.du.edu/documents/denver-university-law-review/v90-5_Issue5_Moran_FINAL_ToDarby_100813.pdf

Docket

Last updated May 13, 2022

ECF Number Description Date Link
80

Post Hearing Memo BRIEF FILED by defendant School District #1 in support of declaratory relief as to Colo Busing Clause and Schools ofChoice Act (former empl) (Entered: 12/27/1994)

Dec. 23, 1984
1

NOTIFICATION from Court of Appeals regarding Petition for Writ of Certiorari...Petition denied 2/19/91 (gms) (Entered: 03/06/1991)

March 5, 1991

RECORD on appeal consisting of Volumes I through LX; returned from the Court of Appeals. (gms) (Entered: 05/01/1991)

May 1, 1991
2

Motion by defendant School Dist #1 for order to terminate jurisdiction and dismiss action before Judge Richard P. Matsch (former empl) (Entered: 02/03/1992)

Jan. 31, 1992
3

RESPONSE by plaintiff Wilfred Keyes to motion for order to terminate jurisdiction and dismiss action before Judge Richard P. Matsch [2-1] (former empl) (Entered: 02/14/1992)

Feb. 13, 1992
4

ORDER for Scheduling Conference by Judge Richard P. Matsch ; rule 16 conference set 11:00 3/19/92 in Room C-425 to establish procedures necessary for determination of dfts' mtn (cc: all counsel) ; entry date : 2/18/92 (former empl) (Entered: 02/18/1992)

Feb. 18, 1992
5

MOTION by Denver, City and Cty to intervene and notice of motion (former empl) (Entered: 03/19/1992)

March 18, 1992
6

BRIEF by Denver, City and Cty in support of motion to intervene [5-1] (former empl) (Entered: 03/19/1992)

March 18, 1992
7

COURTROOM MINUTES by Judge Richard P. Matsch ; Scheduling Conference held 3/19/92 . Responses to City & Co. of Denver's motion to intervene due by 3/29/92. Parties to file pretrial statements of their positions within 45 days. School Board to make decision re: fee application to be submitted within 45 days. MALDEF to submit their fees within 45 days. ; entry date : 3/20/92 (gms) (Entered: 03/20/1992)

March 19, 1992
8

RESPONSE by defendant School Dist #1 to Denver, Cty & Cty of motion to intervene [5-1] (former empl) (Entered: 03/31/1992)

March 30, 1992
9

Memo Brief in RESPONSE by plaintiff Wilfred Keyes to City and County of Denver's motion to intervene [5-1] (former empl) (Entered: 03/31/1992)

March 30, 1992
10

ORDER to Respond by Judge Richard P. Matsch re mtn to intervene [5- 1]...City and County of Denver will file a reply to responses to mtn to intervene by 4/13/92 (cc: all counsel) ; entry date : 4/2/92 (former empl) (Entered: 04/02/1992)

April 1, 1992
11

REPLY by movant Denver, Cty & Cty of to responses of plas and dft opposing City and County of Denver's motion to intervene [5-1] (lam) (Entered: 04/13/1992)

April 13, 1992
12

LETTER to court from defendant School Dist #1 re affidavit to Denver's reply to responses of plas and dft opposing City and County of Denver's mtn to intervene (former empl) (Entered: 04/21/1992)

April 20, 1992
13

Prehearing STATEMENT by plaintiff Wilfred Keyes of issues remaining for litigation re minutes [7-2] (former empl) (Entered: 05/06/1992)

May 4, 1992
14

Pre-Trial STATEMENT by defendant School Dist #1 of issues relating to its motion to terminate jursidiction re minutes [7-2] (former empl) (Entered: 05/06/1992)

May 4, 1992
15

MOTION (Request) by plaintiff Wilfred Keyes, defendant School District #1 for status conference (former empl) (Entered: 08/28/1992)

Aug. 27, 1992
16

MINUTE ORDER : by Judge Richard P. Matsch granting motion for status conference [15-1] ; Status Conference set 11:00 9/10/92 in Room C-425 (cc: all counsel) ; entry date : 8/31/92 (former empl) (Entered: 08/31/1992)

Aug. 28, 1992
17

LETTER to court from META, Inc. re new addresses for META counsel: Peter D. Roos, META, Inc., 524 Union Street, San Francisco, CA 94133 and Roger L. Rice, META, Inc., 240A Elm Street, Suite 22, Somerville, MA 02144 (former empl) (Entered: 09/08/1992)

Sept. 8, 1992
19

ORDER Setting Oral Argument by Judge Richard P. Matsch re [5-1], re [2-1]...oral argument on mtn to intervene and pre-trial stmts filed by parties as to scope of evidentiary hrg on dft's mtn to terminate jurisdiction set for hrg on 11/13/92 at 2:00 pm in Ct of Appeals Ctrm, Div II, 4th Floor (cc: all counsel) ; entry date : 9/11/92 (former empl) (Entered: 09/11/1992)

Sept. 10, 1992
20

MINUTE ORDER : by Judge Richard P. Matsch motion to intervene [5- 1] ; motion hearing set on 2:00 11/13/92 is vacated to be rescheduled at a later date , motion for order to terminate jurisdiction and dismiss action before Judge Richard P. Matsch [2-1] ; motion set on 2:00 11/13/92 is vacated, to be rescheduled at a later date. (cc: all counsel) ; entry date : 11/6/92 (former empl) (Entered: 11/06/1992)

Nov. 4, 1992
21

MINUTE ORDER : by Judge Richard P. Matsch setting hearing on motion to intervene [5-1] 1:30 9/30/93, setting hearing on motion for order to terminate jurisdiction and dismiss action before Judge Richard P. Matsch [2-1] 1:30 9/30/93 (cc: all counsel) ; entry date : 7/6/93 (former empl) (Entered: 07/06/1993)

July 2, 1993
22

MINUTE ORDER : by Judge Richard P. Matsch setting hearing on motion to intervene [5-1] 1:30 10/8/93, setting hearing on motion for order to terminate jurisdiction and dismiss action before Judge Richard P. Matsch [2-1] 1:30 10/8/93 (cc: all counsel) ; entry date : 7/7/93 (former empl) (Entered: 07/07/1993)

July 7, 1993
23

MOTION by Rita Sandoval Montero to intervene Rita Sandoval Montero, individually and on behalf of Camilo Muammar Sandoval, a minor and Daniel Montero, individually and on behalf Yarelli Montero, a minor in case (former empl) (Entered: 10/07/1993)

Oct. 6, 1993

Tendered Complaint in Intervention submitted by Rita Sandoval Montero, Daniel Montero motion to intervene Rita Sandoval Montero, individually and on behalf of Camilo Muammar Sandoval, a minor and Daniel Montero, individually and on behalf Yarelli Montero, a minor in case [23-1] (former empl) (Entered: 10/07/1993)

Oct. 6, 1993
24

COURTROOM MINUTES (Pending Motions) by Judge Richard P. Matsch denying motion by City and Cty of Denver to intervene [5-1]; regarding Montero's mtn to intervene [23-1]...cnsl to respond to mtn by 11/1/93; parties to submit an agreed scheduling order ; entry date 10/12/93 (former empl) (Entered: 10/12/1993)

Oct. 8, 1993
25

ORDER for Submission of Scheduling Order by Judge Richard P. Matsch...parties shall an agreed scheduling order by 11/1/93, re discovery in this civil action, indicating areas in which they are in agreement (cc: all counsel) ; entry date : 10/12/93 (former empl) (Entered: 10/12/1993)

Oct. 12, 1993
27

ORDER by Judge Richard P. Matsch denying motion to intervene [5-1] filed by City and Cty of Denver (cc: all counsel) ; entry date : 10/12/93 (former empl) (Entered: 10/12/1993)

Oct. 12, 1993
28

JOINDER in Opposition by plaintiff Wilfred Keyes re motion to intervene Rita Sandoval Montero, individually and on behalf of Camilo Muammar Sandoval, a minor and Daniel Montero, individually and on behalf Yarelli Montero, a minor in case [23-1] (former empl) (Entered: 10/29/1993)

Oct. 28, 1993
29

NOTICE of Withdrawal of Appearance and Address Correction of James M. Nabrit, III, co-counsel for plaintiff Wilfred Keyes (gms) (Entered: 10/29/1993)

Oct. 28, 1993
30

Memo BRIEF by Congress of Hispanic Educators, et al in opposition to motion to intervene Rita Sandoval Montero, individually and on behalf of Camilo Muammar Sandoval, a minor and Daniel Montero, individually and on behalf Yarelli Montero, a minor in case [23-1] (former empl) (Entered: 11/01/1993)

Nov. 1, 1993
31

NOTICE by plaintiff Wilfred Keyes, defendant School District #1 pursuant to D.C. Colo. LR 24.1 of issue of constitutionality of Article IX, Section 8 of the Colorado Constitution (former empl) (Entered: 11/02/1993)

Nov. 1, 1993
32

RESPONSE by defendant School District #1 to motion to intervene Rita Sandoval Montero, individually and on behalf of Camilo Muammar Sandoval, a minor and Daniel Montero, individually and on behalf Yarelli Montero, a minor in case [23-1] (former empl) (Entered: 11/02/1993)

Nov. 1, 1993
33

Proposed SCHEDULING ORDER...by 3/1/94, parties shall meet to agree to stmt of factual and legal issues that remain for determination. Following that conf, parties to advise ct of desire for scheduling of pretrial conf (cc: all counsel) (former empl) (Entered: 11/02/1993)

Nov. 1, 1993
34

ORDER Granting Permission to Withdraw by Judge Richard P. Matsch granting notice [29-1]; James M. Nabritt, III of NAACP Legal Defense and Educational Fund has no further responsibilty for participation in civil action and Norman J. Chachkin will continue as co-cnsl for plas (cc: all counsel) ; entry date : 11/2/93 (former empl) (Entered: 11/02/1993)

Nov. 2, 1993
35

ORDER by Judge Richard P. Matsch denying motion to intervene Rita Sandoval Montero, individually and on behalf of Camilo Muammar Sandoval, a minor and Daniel Montero, individually and on behalf Yarelli Montero, a minor in case [23-1] (cc: all counsel) ; entry date : 11/2/93 (former empl) (Entered: 11/02/1993)

Nov. 2, 1993
36

ORDER Adopting Proposed Scheduling Order by Judge Richard P. Matsch regarding Sched Order [33-1]...proposed scheduling order, copy attached, is adopted as order of court (cc: all counsel) ; entry date : 11/2/93 (former empl) (Entered: 11/02/1993)

Nov. 2, 1993
37

MOTION by movant Rita Montero for reconsideration of order [35-1] denying motion to intervene (former empl) (Entered: 11/15/1993)

Nov. 12, 1993
38

AFFIDAVIT of Rita Montero regarding motion for reconsideration of order [35-1] denying motion to intervene [37-1] (former empl) (Entered: 11/16/1993)

Nov. 15, 1993
39

MOTION by Colorado, State of for intervention by State of Colorado as dft (former empl) (Entered: 01/18/1994)

Jan. 14, 1994

Tendered Answer in Intervention and Complaint of Cross-Claim and Counter-Claim for declaratory jgm submitted by intvd Colorado, State of re motion for intervention by State of Colorado as dft [39-1] (former empl) (Entered: 01/18/1994)

Jan. 14, 1994
40

Joint MOTION by plaintiff Wilfred Keyes, defendant School District #1 to extend time to file report on positions as to legal issues for 30 days (former empl) (Entered: 03/02/1994)

March 1, 1994
41

ORDER by Judge Richard P. Matsch granting motion to extend time to file report on positions as to legal issues for 30 days [40-1] (cc: all counsel) ; entry date : 3/7/94 (former empl) (Entered: 03/07/1994)

March 4, 1994
42

ORDER by Judge Richard P. Matsch granting motion for intervention by State of Colorado as dft [39-1], crossclaim and counterclaim filed (cc: all counsel) ; entry date : 3/8/94 (former empl) (Entered: 03/08/1994)

March 4, 1994
43

ANSWER to AND CROSSCLAIM by intervenor-defendant Colorado, State of against defendant School District #1 (former empl) (Entered: 03/08/1994)

March 4, 1994
43

COUNTERCLAIM by intervenor-defendant Colorado, State of against plaintiff (former empl) (Entered: 03/08/1994)

March 8, 1994
44

REPLY TO State of CO's COUNTERCLAIM for declaratory jgm [43-1] by counter-defendant Wilfred Keyes (former empl) (Entered: 03/25/1994)

March 24, 1994
45

REPLY (Answer) TO State of Colorado's CROSSCLAIM for Declaratory Judgment [43-2] by cross-defendant School District #1, et al (lam) (Entered: 04/01/1994)

March 30, 1994
46

Joint REPORT by plaintiff Wilfred Keyes, defendant School District #1 re issues remaining for trial (former empl) (Entered: 04/04/1994)

April 4, 1994
47

MINUTE ORDER : by Judge Richard P. Matsch ; pretrial conf set for 2:00 5/13/94 in Room C-425 (cc: all counsel) ; entry date : 4/4/94 (former empl) (Entered: 04/04/1994)

April 4, 1994
48

MOTION by intervenor-defendant Colorado, State of for judgment on the pleadings before Judge Richard P. Matsch (former empl) (Entered: 04/13/1994)

April 12, 1994
49

BRIEF by intervenor-defendant Colorado, State of in support of motion for judgment on the pleadings before Judge Richard P. Matsch [48-1] (former empl) (Entered: 04/13/1994)

April 12, 1994
50

MINUTE ORDER : by Judge Richard P. Matsch...pretrial conf set 5/13/94 at 2:00 pm in Room C-425 (cc: all counsel) ; entry date : 4/13/94 (former empl) (Entered: 04/13/1994)

April 13, 1994
51

Memo BRIEF by defendant School District #1 in opposition to motion for judgment on the pleadings before Judge Richard P. Matsch [48-1] (former empl) (Entered: 05/05/1994)

May 5, 1994
52

RESPONSE by plaintiff Wilfred Keyes in opposition to motion for judgment on the pleadings before Judge Richard P. Matsch [48-1] (former empl) (Entered: 05/06/1994)

May 5, 1994
53

LETTER to court from Pamela Jiner, Coordinator of Parent Concerns re treatment of black children (former empl) (Entered: 05/12/1994)

May 10, 1994
54

COURTROOM MINUTES by Judge Richard P. Matsch , ; pretrial conf held 5/13/94 ; motion for order to terminate jurisdiction and dismiss action before Judge Richard P. Matsch [2-1] hearing (trial) set for 8/22/94 for one week; cnsl to submit stipulated facts on busing clause by 6/30/94; Mr. Greiner to prepare scheduling order; cnsl will brief issues; matter to be set for hrg; entry date : 5/16/94 (former empl) (Entered: 05/16/1994)

May 13, 1994
55

ORDER Setting Trial Date by Judge Richard P. Matsch regarding [2-1] motion for order to terminate jurisdiction and dismiss action before Judge Richard P. Matsch ; court trial set for 9:00 8/22/94 in Ctrm A, Byron White US Cthse (cc: all counsel) ; entry date : 5/16/94 (former empl) (Entered: 05/16/1994)

May 13, 1994
56

Letter re ATTORNEY SUBSTITUTION: terminating Norma V. Cantu and substituting attorney Albert H. Kauffman for interp, Congress of Hispanic Educators (former empl) (Entered: 05/23/1994)

May 23, 1994
57

MOTION by intervenor-defendant Colorado, State of for leave to file reply brief to responses to State's mtn for jgm on the pleadings and for oral argument on its mtn for jgm on the pleadings (former empl) Modified on 08/17/1994 (Entered: 07/29/1994)

July 28, 1994

Tendered Reply to plas' response and response to motion for judgment on the pleading submitted by intervenor-defendant Colorado, State of motion for leave to file Reply brief [57-1] (former empl) (Entered: 07/29/1994)

July 28, 1994
58

STIPULATION of Facts by parties re the impact of the enforcement of Article IXm Section 8, of the Colorado Constitution (former empl) (Entered: 08/01/1994)

July 29, 1994
59

MINUTE ORDER : by Chief Judge Richard P. Matsch granting motion for leave to file Reply brief [57-1] (cc: all counsel) ; entry date : 8/8/94 (former empl) (Entered: 08/08/1994)

Aug. 5, 1994
60

Further Prehearing STATEMENT by plaintiff Wilfred Keyes (former empl) (Entered: 08/15/1994)

Aug. 12, 1994
61

Prehearing STATEMENT by intvp Congress Hispanic Ed (former empl) (Entered: 08/19/1994)

Aug. 19, 1994
62

REQUEST by Colorado, State of for delayed argument (former empl) (Entered: 08/23/1994)

Aug. 19, 1994
63

Witness list submitted by plaintiff and plas-intervenors Wilfred Keyes, et al (lam) (Entered: 08/26/1994)

Aug. 22, 1994
64

Witness list submitted by defendants (lam) (Entered: 08/26/1994)

Aug. 22, 1994
65

COURTROOM MINUTES (Trial to Court - Day 1) by Chief Judge Richard P. Matsch ; court trial in session 8/22/94 at 9:00 am ; the state's mtn to delay argument on [48-1] their motion for judgment on the pleadings is granted, attys Farley and Thro are excused from these proceedings; exhibits; witnesses (plas, pla-intervenors & dfts exhibits list attached) ; entry date : 8/26/94 (lam) (Entered: 08/26/1994)

Aug. 22, 1994
66

COURTROOM MINUTES (Trial to Court - Day 2) by Chief Judge Richard P. Matsch: witnesses; exhibits ; entry date : 8/26/94 (lam) (Entered: 08/26/1994)

Aug. 23, 1994
67

COURTROOM MINUTES (Trial to Court - Day 3) by Chief Judge Richard P. Matsch: witnesses; exhibits ; entry date : 8/26/94 (lam) (Entered: 08/26/1994)

Aug. 24, 1994
68

COURTROOM MINUTES (Trial to Court - Day 4) by Chief Judge Richard P. Matsch: State's oral argument [57-2], under rule 56 for declaratory judgment; pla's oral motion, by Mr. Greiner, for declaratory judgment on the constitutionality of state busing clause is entered as a matter of record; csl to submit proposed findings 30 days after receipt of transcripts; dft to submit listing of all other laws applicable to this case; matter taken under advisement on 8/25/94 re [48-1], [2-1] ; entry date : 8/26/94 (lam) (Entered: 08/26/1994)

Aug. 25, 1994
69

Certified Copy of TRANSCRIPT of proceedings of Trial to Court - Day 1 before Judge Richard P. Matsch on 8/22/94 at 9:00 am; Vol I; (1-234 pages) (former empl) (Entered: 10/25/1994)

Oct. 24, 1994
70

Certified Copy of TRANSCRIPT of proceedings of Trial to Court - Day 2 before Judge Daniel B. Sparr on 8/23/94 at 9:00 am; Vol I; (235-455 pages) (former empl) (Entered: 10/25/1994)

Oct. 24, 1994
71

Certified Copy of TRANSCRIPT of proceedings of Trial to Court - Day 3 before Judge Richard P. Matsch on 8/24/94 at 9:00 am; Vol I; (456-676 pages) (former empl) (Entered: 10/25/1994)

Oct. 24, 1994
72

Certified Copy of TRANSCRIPT of proceedings of Trial to Court - Day 4 before Judge Richard P. Matsch on 8/25/94 at 10:00 am; Vol I; (677- 792 pages) (former empl) (Entered: 10/25/1994)

Oct. 24, 1994
73

MOTION by intv pla Congress Hispanic Ed for order for civil contempt re violation of consent jgm entered in 1984 (former empl) (Entered: 10/26/1994)

Oct. 25, 1994
74

ORDER by Chief Judge Richard P. Matsch regarding [73-1] motion for order for civil contempt re violation of consent jgm entered in 1984...dft School District to file written response by 11/30/94 (cc: all counsel) ; entry date : 10/28/94 (former empl) (Entered: 10/28/1994)

Oct. 27, 1994
75

Joint MOTION by parties to extend time to file proposed findings of fact to 12/23/94 (former empl) (Entered: 11/21/1994)

Nov. 18, 1994
76

MINUTE ORDER : by Chief Judge Richard P. Matsch granting motion to extend time to file proposed findings of fact to 12/23/94 [75-1] (cc: all counsel) ; entry date : 11/22/94 (former empl) (Entered: 11/22/1994)

Nov. 21, 1994
77

RESPONSE by defendant School District #1 to motion for order for civil contempt re violation of consent jgm entered in 1984 [73-1] (former empl) (Entered: 12/01/1994)

Nov. 30, 1994
78

Post Hearing BRIEF FILED by plaintiff Wilfred Keyes (former empl) (Entered: 12/27/1994)

Dec. 23, 1994
79

Post Hearing BRIEF FILED by intervenor-defendant Colorado, State of (former empl) (Entered: 12/27/1994)

Dec. 23, 1994

Proposed FINDINGS of fact and conclusions of law by defendant School District #1 (former empl) (Entered: 12/27/1994)

Dec. 23, 1994
81

Submission of Selected Federal and State Laws Affecting Operation of Denver Public Schools (BRIEF) FILED by defendant School District #1 (former empl) (Entered: 12/27/1994)

Dec. 23, 1994
82

ORDER by Chief Judge Richard P. Matsch ; status conf set for 1:30 2/1/95 (cc: all counsel) ; entry date : 12/27/94 (former empl) (Entered: 12/27/1994)

Dec. 23, 1994
83

REQUEST by Congress Hispanic Ed that the Court continue Jurisdiction of this case, proposed findings of fact and conclusions of law, and order (former empl) (Entered: 12/27/1994)

Dec. 23, 1994
85

MOTION by intervenor-defendant Colorado, State of for leave to file sur-reply to post-hrg briefs of plas and school district (former empl) (Entered: 02/03/1995)

Jan. 31, 1995
84

COURTROOM MINUTES (Status Conf) by Chief Judge Richard P. Matsch ; status conf held 2/1/95 ; School District will file mtn for relief w/in 30 days; Congress of Hispanic Educators will respond 20 days thereafter; entry date : 2/3/95 (former empl) (Entered: 02/03/1995)

Feb. 1, 1995
86

Sur-REPLY by intervenor-defendant Colorado, State of to post-hrg briefs of pla and school district re [81-1], brief [78-1] (former empl) (Entered: 02/03/1995)

Feb. 1, 1995
87

MINUTE ORDER : by Chief Judge Richard P. Matsch granting motion for leave to file sur-reply to post-hrg briefs of plas and school district [85- 1] (cc: all counsel) ; entry date : 2/3/95 (former empl) (Entered: 02/03/1995)

Feb. 1, 1995
88

MOTION by defendant School District #1 for leave to file reply to State of CO's post-hrg brief (former empl) Modified on 02/22/1995 (Entered: 02/14/1995)

Feb. 10, 1995
89

REPLY by School District #1 to State of CO's post-hrg brief [79-1] (former empl) (Entered: 02/14/1995)

Feb. 10, 1995
90

MOTION by Colorado, State of for leave to file suppl authority and submission of suppl authority (former empl) (Entered: 02/24/1995)

Feb. 22, 1995
91

MINUTE ORDER : by Chief Judge Richard P. Matsch granting motion for leave to file suppl authority and submission of suppl authority [90-1] (cc: all counsel) ; entry date : 2/27/95 (former empl) (Entered: 02/27/1995)

Feb. 23, 1995
92

MOTION by dft School District #1 to amend Language Rights Order of 8/17/84 (former empl) (Entered: 03/06/1995)

March 3, 1995
93

RESPONSE by Congress Hispanic Ed to motion to amend Language Rights Order of 8/17/84 [92-1] (former empl) (Entered: 03/27/1995)

March 24, 1995
94

MOTION by plaintiff Wilfred Keyes for attorney Dennis D. Parker to appear pro hac vice (former empl) (Entered: 06/15/1995)

June 14, 1995
95

MOTION by plaintiff Wilfred Keyes to withdraw attorney Norman J. Chachkin as cnsl (former empl) (Entered: 06/15/1995)

June 14, 1995
96

MOTION by Colorado, State of for leave to file suppl authority and submission of suppl authority (former empl) (Entered: 06/20/1995)

June 19, 1995

State / Territory: Colorado

Case Type(s):

School Desegregation

Key Dates

Filing Date: 1969

Closing Date: 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

School children seeking to enjoin implementation of resolution of Denver School Board which rescinded pro-integration resolutions

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NAACP Legal Defense Fund

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Denver Public Schools (Denver, Denver), School District

Denver Board of Education (Denver, Denver), None

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1974 - 1995

Content of Injunction:

Preliminary relief granted

Busing

Student assignment

Monitoring

Issues

General:

Buildings

Classification / placement

Education

School/University Facilities

Discrimination-basis:

Race discrimination

Race:

Black

Type of Facility:

Government-run