Case: United States v. City of New York (Lafayette High School)

1:04-cv-02248 | U.S. District Court for the Eastern District of New York

Filed Date: June 1, 2004

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On June 1, 2004, The U.S. Department of Justice filed this federal lawsuit under Section 211 of Equal Education Opportunities Act and Section 407 of the Civil Rights Act of 1964 against the City of New York, in the U.S. District Court for the Eastern District of New York. The Justice Department (the U.S. Attorneys Office and Civil Rights Division) filed its complaint and a settlement agreement simultaneously. The complaint alleged that there had been peer-on-peer harassment of Asian students a…

On June 1, 2004, The U.S. Department of Justice filed this federal lawsuit under Section 211 of Equal Education Opportunities Act and Section 407 of the Civil Rights Act of 1964 against the City of New York, in the U.S. District Court for the Eastern District of New York. The Justice Department (the U.S. Attorneys Office and Civil Rights Division) filed its complaint and a settlement agreement simultaneously. The complaint alleged that there had been peer-on-peer harassment of Asian students and insufficient English Language Learner (ELL) programs to overcome language barriers. Specifically, the plaintiff claimed that some students harassed Asian students based on their race and national origin and that Asian students who spoke English as a second language did not have equal access to educational opportunities because they could not understand English at the same level as their peers. Accordingly, the lawsuit sought an injunction against the City's failure to take appropriate action to help ELL students overcome language barriers that impeded their equal participation in the school's instructional programs.

The Consent Decree was formally approved on June 22, 2004 and was set to last until August 30, 2007. This Consent Decree required defendants to develop a compliance and monitoring plan. Under its terms, the City agreed to change the ELL program to ensure students were placed in the appropriate classes and to increase the quality of the program itself. The defendants were also required to create a policy to prevent student-on-student harassment. The City filed the required compliance plan on October 15, 2004.

On August 23, 2005, the District Court (Judge Carol B. Amon) agreed to a stipulated extension of the Decree's bilingual and ELL provisions for one year beyond the Consent Decree's original sunset date, till August 30, 2008.

Nothing additional appears in the docket.

Summary Authors

Sarah Fries (2/20/2014)

People


Judge(s)

Amon, Carol Bagley (New York)

Attorneys(s) for Plaintiff

Acosta, R. Alexander (District of Columbia)

Caspar, Edward G. (District of Columbia)

Chen, Pamela K. (District of Columbia)

Glassman, Jeremiah (District of Columbia)

Guzman, Javier M (District of Columbia)

Mansukhani, Sunil H (District of Columbia)

Mauskopf, Roslynn Renee (New York)

Schlozman, Bradley (District of Columbia)

Attorneys(s) for Defendant

Cardozo, Michael A. (New York)

Judge(s)

Amon, Carol Bagley (New York)

Attorneys(s) for Plaintiff

Acosta, R. Alexander (District of Columbia)

Caspar, Edward G. (District of Columbia)

Chen, Pamela K. (District of Columbia)

Glassman, Jeremiah (District of Columbia)

Guzman, Javier M (District of Columbia)

Mansukhani, Sunil H (District of Columbia)

Mauskopf, Roslynn Renee (New York)

Schlozman, Bradley (District of Columbia)

Attorneys(s) for Defendant

Cardozo, Michael A. (New York)

Crotty, Teresa (New York)

Grumet, Lisa Fleming (New York)

Sweet, Emily (New York)

Documents in the Clearinghouse

Document

1:04-cv-02248

Docket [PACER]

United States v. City of New York (Lafayette High School),

Aug. 25, 2005

Aug. 25, 2005

Docket
1

1:04-cv-02248

Complaint

Feb. 2, 2004

Feb. 2, 2004

Complaint
3

1:04-cv-02248

Consent Decree

United States v. City of New York (Lafayette High School),

June 22, 2004

June 22, 2004

Order/Opinion
4

1:04-cv-02248

Lafayette High School Compliance Plan

United States v. City of New York

Oct. 15, 2004

Oct. 15, 2004

Settlement Agreement
5

1:04-cv-02248

Stipulation and Order

Aug. 23, 2005

Aug. 23, 2005

Order/Opinion

Resources

Docket

Last updated Aug. 8, 2022, 3:24 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Board of Education of the City School District for the City of New York, City of New York, Joel Klein, Alan Siegel, filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(Villanueva, William) (Entered: 06/04/2004)

June 1, 2004

June 1, 2004

2

Letter dated 6/18/04 from AUSA Pamela Chen and Edward Casper, Esq. to Theresa Crotty, Esq. memorializing their agreement regarding enforcement of the compliant plan provisions of the Consent Decree executed by the parties and filed with the Court on 6/1/04. (Permaul, Jenny) (Entered: 06/25/2004)

June 21, 2004

June 21, 2004

3

CONSENT DECREE signed by Judge Carol B. Amon on 6/22/04. (Permaul, Jenny) (Entered: 06/29/2004)

June 29, 2004

June 29, 2004

4

Letter from Lisa Grumet to Robert C. Heinemann Regarding Filing of Compliance Plan. (Attachments: # 1 Compliance Plan)(Grumet, Lisa) (Entered: 10/15/2004)

Oct. 15, 2004

Oct. 15, 2004

5

STIPULATION AND ORDER Regarding Consent Decree Ordered by Judge Carol B. Amon on 8/23/05. (Permaul, Jenny) (Entered: 08/25/2005)

Aug. 25, 2005

Aug. 25, 2005

Case Details

State / Territory: New York

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 1, 2004

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The U.S. Department of Justice, on behalf of Asian students at Lafayette High School in New York City

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

City of New York (New York City, Kings), City

Defendant Type(s):

Elementary/Secondary School

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)

Injunctive (or Injunctive-like) Relief

Any published opinion

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: 2004 - 2008

Content of Injunction:

Monitoring

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

Discrimination Prohibition

Develop anti-discrimination policy

Recordkeeping

Reporting

Student assignment

Issues

General:

Language access/needs

Discrimination-basis:

Language discrimination

National origin discrimination

Race:

Asian/Pacific Islander

Language:

Chinese

Vietnamese

Type of Facility:

Government-run