Case: United States v. Sch. Dist. Phila.

2:10-cv-07301 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Dec. 15, 2010

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On December 15, 2010, the United States, on behalf of several Asian-American students who were allegedly discriminated against based on their race, color, and/or national origin, brought suit in the U.S. District Court for the Eastern District of Pennsylvania, against the School District of Philadelphia. The plaintiff, represented by the U.S. Attorney's Office and the U.S. Department of Justice, asked the Court for a declaratory judgment and injunctive relief under Title IV of the Civil Rights …

On December 15, 2010, the United States, on behalf of several Asian-American students who were allegedly discriminated against based on their race, color, and/or national origin, brought suit in the U.S. District Court for the Eastern District of Pennsylvania, against the School District of Philadelphia. The plaintiff, represented by the U.S. Attorney's Office and the U.S. Department of Justice, asked the Court for a declaratory judgment and injunctive relief under Title IV of the Civil Rights Act of 1964, 42 U.S.C. § 2000c-6, and the Fourteenth Amendment's Equal Protection Clause under 42 U.S.C. § 1983.

Specifically, the plaintiff claimed that the defendant unlawfully discriminated against Asian-American students based on their race, color, and/or national origin through their deliberate indifference to severe and pervasive harassment of this group of students at South Philadelphia High School (SPHS). The plaintiff claimed that this indifference to harassment also resulted in a denial of equal access to educational opportunities, as these actions resulted in interference with the students' ability to attend school without fear for their safety. This harassment allegedly took place over the course of several years, and consisted of verbal and physical abuse based on the students' race, color, and/or national origin on school grounds. On December 3, 2009, dozens of Asian students were repeatedly attacked on and near school grounds.

On December 22, 2010, the Court (Judge Stewart Dalzell) approved the parties' settlement agreement. The agreement remained in effect until June 30, 2013, and required the school district, monitored by the United States, to develop an action plan that involved introduction of training guidelines, reporting requirements, and revision of district policies in order to combat and prevent harassment of students. The agreement also provided for alternative dispute resolution procedures to be utilized by the parties. The last action in the case was on May 11, 2011. The case is now closed.

Summary Authors

Stella Cernak (3/17/2014)

People


Judge(s)

Dalzell, Stewart R. (Pennsylvania)

Attorneys(s) for Plaintiff

Berman, Amy I. (District of Columbia)

Foster Givhan, Annetta (Pennsylvania)

Hutchinson, Margaret L. (Pennsylvania)

Kassabian, Tamara Hardney (District of Columbia)

Memeger, Zane D. (Pennsylvania)

Murphy, Nicholas U. (District of Columbia)

Perez, Thomas E. (District of Columbia)

Attorneys(s) for Defendant

Bernoff Sher, Diane (Pennsylvania)

Davis, Michael A. (Pennsylvania)

Judge(s)

Dalzell, Stewart R. (Pennsylvania)

Attorneys(s) for Plaintiff

Berman, Amy I. (District of Columbia)

Foster Givhan, Annetta (Pennsylvania)

Hutchinson, Margaret L. (Pennsylvania)

Kassabian, Tamara Hardney (District of Columbia)

Memeger, Zane D. (Pennsylvania)

Murphy, Nicholas U. (District of Columbia)

Perez, Thomas E. (District of Columbia)

Attorneys(s) for Defendant

Bernoff Sher, Diane (Pennsylvania)

Davis, Michael A. (Pennsylvania)

Ramos, Pedro A. (Pennsylvania)

Sher, Diane Bernoff (Pennsylvania)

Sneed, Maree F. (District of Columbia)

Trujillo, Kenneth I. (Pennsylvania)

Documents in the Clearinghouse

Document

2:10-cv-07301

Docket [PACER]

United States of America v. The School District of Philadelphia

May 11, 2011

May 11, 2011

Docket
1

2:10-cv-07301

Complaint

United States of America v. The School District of Philadelphia

2010 WL 5412509

Dec. 15, 2010

Dec. 15, 2010

Complaint
2

2:10-cv-07301

Order Approving and Entering Settlement Agreement

United States of America v. The School District of Philadelphia

Dec. 15, 2010

Dec. 15, 2010

Settlement Agreement

Resources

Docket

Last updated Aug. 8, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against THE SCHOOL DISTRICT OF PHILADELPHIA, THE SCHOOL REFORM COMMISSION, filed by UNITED STATES OF AMERICA. (Attachments: # 1 Civil Cover Sheet)(mima, ) (Additional attachment(s) added on 12/23/2010: # 2 CERTIFICATE) (rf, ). (Entered: 12/16/2010)

Dec. 15, 2010

Dec. 15, 2010

2

JOINT MOTION FOR COURT APPROVAL AND ENTRY OF SETTLEMENT AGREEMENT AND PROPOSED ORDER APPROVING AND ENTERING SETTLEMENT AGREEMENT filed by UNITED STATES OF AMERICA..(mima, ) (Additional attachment(s) added on 12/23/2010: # 1 SIGNATURE) (rf, ). (Entered: 12/16/2010)

Dec. 15, 2010

Dec. 15, 2010

3

Praecipe for Attachment to Complaint by UNITED STATES OF AMERICA. (GIVHAN, ANNETTA) (Entered: 12/16/2010)

Dec. 16, 2010

Dec. 16, 2010

4

Praecipe for Substitution of Page 3, Signed by Pedro A. Ramos, of the Joint Motion for Court Approval and Entry of Settlement Agreement by UNITED STATES OF AMERICA. (GIVHAN, ANNETTA) (Entered: 12/16/2010)

Dec. 16, 2010

Dec. 16, 2010

5

Praecipe for Substitution of Page 33 of the Settlement Agreement (Exhibit "1" to Joint Motion for Court Approval and Entry of Settlement Agreement) by UNITED STATES OF AMERICA. (GIVHAN, ANNETTA) (Entered: 12/16/2010)

Dec. 16, 2010

Dec. 16, 2010

7

NOTICE of Appearance by DIANE BERNOFF SHER on behalf of THE SCHOOL DISTRICT OF PHILADELPHIA, THE SCHOOL REFORM COMMISSION with Certificate of Service(SHER, DIANE) (Entered: 12/20/2010)

Dec. 20, 2010

Dec. 20, 2010

8

NOTICE of Appearance by PEDRO A. RAMOS on behalf of THE SCHOOL DISTRICT OF PHILADELPHIA, THE SCHOOL REFORM COMMISSION with Certificate of Service(RAMOS, PEDRO) (Entered: 12/21/2010)

Dec. 21, 2010

Dec. 21, 2010

9

ORDER THAT JOINT MOTION FOR COURT APPROVAL AND ENTRY OF SETTLEMENT AGREEMENT (DOC. 2) IS GRANTED. THE SETTLEMENT AGREEMENT ATTACHED AS EXHIBIT 1 TO THE MOTION IS APPROVED. THE PRAECIPE FOR ATTACHMENT TO THE COMPLAINT (DOC. 3) IS GRANTED. THE CLERK OF COURT SHALL ATTACH THE CERTIFICATE IN DOCKET ENTRY #3 TO THE COMPLAINT. THE CLERK SHALL COMPLY WITH THE PRAECIPES FOR SUBSTITUTION OF PAGE 3 OF THE MOTION AND 33 OF THE SETTLEMENT AGREEMENT (DOC. 4 &5), ETC.. SIGNED BY HONORABLE STEWART DALZELL ON 12/22/10. 12/23/10 ENTERED AND COPIES MAILED, E−MAILED.(rf, ) (Entered: 12/23/2010)

Dec. 22, 2010

Dec. 22, 2010

10

To File South Philadelphia High School Action Plan by THE SCHOOL DISTRICT OF PHILADELPHIA, THE SCHOOL REFORM COMMISSION. (Attachments: # 1 Exhibit South Philadelphia High School Action Plan)(SHER, DIANE) (Entered: 05/11/2011)

May 11, 2011

May 11, 2011

11

Praecipe to File Appendices to the South Philadelphia High School Action Plan by THE SCHOOL DISTRICT OF PHILADELPHIA, THE SCHOOL REFORM COMMISSION. (Attachments: # 1 Appendix Updated SPHS policies and procedures, # 2 Appendix Notice to Substitute Teachers, # 3 Appendix Notice to Community Based Organizations)(SHER, DIANE) (Entered: 05/11/2011)

May 11, 2011

May 11, 2011

Case Details

State / Territory: Pennsylvania

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 15, 2010

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Asian students who were unlawfully discriminated against based on race, color, and/or national origin, which barred them from equal access to educational opportunities at South Philadelphia High School.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The School District of Philadelphia, School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2010 - 2013

Content of Injunction:

Monitor/Master

Implement complaint/dispute resolution process

Goals (e.g., for hiring, admissions)

Discrimination Prohibition

Develop anti-discrimination policy

Monitoring

Recordkeeping

Reporting

Issues

General:

Aggressive behavior

Failure to discipline

Failure to supervise

Language access/needs

Record-keeping

Staff (number, training, qualifications, wages)

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Asian/Pacific Islander

Type of Facility:

Government-run