Case: Alicia B. v. Malloy

3:16-cv-00065 | U.S. District Court for the District of Connecticut

Filed Date: Dec. 15, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 15, 2015, two African-American students in Connecticut public schools filed this lawsuit in Connecticut Superior Court. On January 14, 2016, the case was removed to the United States District Court for the District of Connecticut. The plaintiffs sued the Bloomfield Board of Education, the Manchester Board of Education, the Hartford Board of Education, the State Board of Education, and the State Department of Education under 42 U.S.C. § 1983 and Title VI of the Civil Rights Act of 19…

On December 15, 2015, two African-American students in Connecticut public schools filed this lawsuit in Connecticut Superior Court. On January 14, 2016, the case was removed to the United States District Court for the District of Connecticut. The plaintiffs sued the Bloomfield Board of Education, the Manchester Board of Education, the Hartford Board of Education, the State Board of Education, and the State Department of Education under 42 U.S.C. § 1983 and Title VI of the Civil Rights Act of 1964, alleging violations of the Constitution of Connecticut, the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, and Title VI.

Specifically, the plaintiffs claimed that, after their expulsion from Connecticut public schools, they were given inadequate alternative education, thus depriving them of their fundamental right to an education. They argued that Black students were particularly affected by these inadequacies because Black students were disproportionately expelled as a result of selective enforcement of neutral discipline policies. One plaintiff brought claims against the Manchester and Bloomfield Boards of Education. Both plaintiffs brought claims against the Hartford Board of Education. The plaintiffs, represented by private counsel and the Center for Children’s Advocacy, asked the court for declaratory and injunctive relief to improve the insufficient education provided to students who had been expelled. The plaintiffs also requested reasonable attorneys' fees and costs.

On August 11, 2016, Manchester Board of Education defendants settled with one of the plaintiffs. This settlement is sealed.

On August 16, 2016, the Bloomfield Board of Education also settled with the same plaintiff. The settlement agreement stipulated the Bloomfield BOE would provide $14,400 for education costs to be used until the 2019-2020 school year, would expunge the record of the plaintiff, would amend Board policies related to the expulsion of students, would define “individualized learning plan” to provided definition, would train administrators, teachers, and staff on changed policies and expelled students' rights, would provide plaintiff's counsel data about the District's progress in implementing this agreement, would acknowledge all allegations and that the District violated plaintiff's education rights, and would pay $20,000 in attorney fees.

On December 22, 2016, Hartford Board of Education settled with both plaintiffs. That settlement agreement is also sealed. This left only the plaintiffs’ claims against State defendants.

On July 16, 2018, State defendants settled with both plaintiffs. The settlement provided that the State Department of Education would provide guidance to the local education agencies about the expulsion-related provisions of Connecticut Public Act 16-147, addressing the process and timeline for district adoption of a prior expulsion hearing decision for students who transfer school districts during periods of expulsion. The State Department of Education also agreed to issue guidelines about best practices for the education the student should receive if expelled, and to circulate these guidelines to the local education agencies, boards of education and school districts at the same time, no longer than September 1, 2018. Moreover, the State Department of Education agreed to submit to the State Board of Education a proposed Board Policy Statement concerning the importance of reducing expulsions and disproportionality in expulsions, among other points, in Connecticut for consideration by the State Board no later than its December 2018 regular meeting. According to the settlement agreement, within 15 days after such time as the State Board issued a final Policy Statement, the State Department of Education should circulate it to local education agencies, boards of education and school districts.

Additionally, the State Department of Education, no later than September 1, 2018, would facilitate state oversight of alternative educational opportunities by publishing on its website, in a manner easily accessible to students and families, materials providing information for students and parents about student rights to education during periods of expulsion. These materials would also be published as part of the guidelines mentioned above, and would be sent by the State Department of Education via electronic mail to a list of agreed-upon community and legal organizations. The State Department of Education agreed to consider recommendations from the Plaintiffs' attorney in these resources, although the decision about their content would be made solely by the State Department.

The State Department of Education agreed to analyze suspension and expulsion data on an annual basis, to identify districts with meaningful disparities in the rates of these punishments and racial disparities in suspensions/expulsions. The methodology of this analysis would be determined by the State Department of Education and shared with the plaintiffs and their counsel within 30 days of the execution of the settlement agreement, whose considerations, if made within 15 days, would be taken into account before a final decision was reached.

Besides that, the State Department of Education agreed to develop a tiered monitoring and recommended remediation approach of progressive intervention generally consisting of guidance for all districts, including sharing of resources pertaining to restorative and culturally responsive practices, and, as justified by the particular circumstances it defined, more significant interventions for some districts, to be defined by the Department. Beginning in December 2020, the State Department of Education would annually determine the tiers of intervention, publish the results on its website and report the tiers annually to the State Board of Education. Beginning no later than December 2021, the State Department of Education would include in its annual reporting on the website and to the State Board of Education information concerning the progress of districts in Tier 3 toward improvement.

Finally, the State defendants agreed to pay $50,000 in fees and costs, and the plaintiffs waived any rights to apply for any additional fees and expenses in connection with all claims and potential claims resolved through the settlement agreement.

The parties agreed the Court would retain jurisdiction until March 31, 2022 to enforce the provisions of the agreement.

On July 18, 2018, Judge Stefan R. Underhill approved the settlement agreement and stipulation of dismissal. The settlement agreement is ongoing.

Summary Authors

Erica Christianson (2/2/2017)

Daniele de Oliveira Nunes (10/12/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4199694/parties/b-v-malloy/

Judge(s)

Robaina, Antonio C. (Connecticut)

Underhill, Stefan R. (Connecticut)

Attorneys(s) for Plaintiff

Chadha, Priya (New York)

Eidsath, Hannah Benton (California)

Halm, Marisa M. (Connecticut)

Harris, Michael (California)

Harris [inactive], Michael (California)

Iverson, Erica R. (New York)

Lee, Annie (California)

Loughlin, Walter P. (New York)

Judge(s)

Robaina, Antonio C. (Connecticut)

Underhill, Stefan R. (Connecticut)

Attorneys(s) for Plaintiff

Chadha, Priya (New York)

Eidsath, Hannah Benton (California)

Halm, Marisa M. (Connecticut)

Harris, Michael (California)

Harris [inactive], Michael (California)

Iverson, Erica R. (New York)

Lee, Annie (California)

Loughlin, Walter P. (New York)

Steinberger, Luke E. (New York)

Stone, Martha (Connecticut)

Attorneys(s) for Defendant

Chinni, Christine Lucia (Connecticut)

Kaufmann, Melinda B. (Connecticut)

Maher, Peter J. (Connecticut)

Menjivar, Walter Alberto (Connecticut)

Schurin, Zachary David (Connecticut)

Sedor, Stephen M. (Connecticut)

Urban, Ralph E. (Connecticut)

Yoder, Linda L. (Connecticut)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Document

Docket [State Court]

B. v. Malloy

Connecticut state trial court

Dec. 15, 2015 Docket

Docket [PACER]

B. v. Malloy

July 18, 2018 Docket

Complaint

Connecticut state trial court

Dec. 15, 2015 Complaint

Memorandum in Support of Ex Parte Application for Permission to Prosecute Suit through a Pseudonym

Connecticut state trial court

Dec. 15, 2015 Pleading / Motion / Brief
79-1

Settlement Agreement

Aug. 16, 2016 Settlement Agreement
107

Stipulation of Dismissal

B. v. Malloy

Dec. 14, 2016 Pleading / Motion / Brief
135

Settlement Agreement and Stipulation of Dismissal

B. v. Malloy

July 16, 2018 Settlement Agreement

Resources

Title Description External URL

Alicia B. v. Dannel Malloy

National Center for Youth Law

This Superior Court lawsuit contends that the sub-standard alternative education offered to expelled children, who are disproportionately students of color, violates equal protection guarantees of bo… Feb. 21, 2018 https://youthlaw.org/case/alicia-b-v-dannel-malloy/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4199694/b-v-malloy/

Last updated May 13, 2022

ECF Number Description Date Link
1

NOTICE OF REMOVAL ( Filing fee $400 receipt number 0205-3861790.), filed by Hartford Board of Education. (Attachments: # 1 Summons and Complaint, # 2 Appearance, # 3 Pending Motion, # 4 Removal Statement, # 5 Notice of Consent)(Kaufmann, Melinda) Modified on 1/15/2016 (Walker, A). (Entered: 01/14/2016)

Jan. 14, 2016 PACER
1

NOTICE OF REMOVAL ( Filing fee $400 receipt number 0205−3861790.), filed by Hartford Board of Education. (Attachments: # 1 Summons and Complaint, # 2 Appearance, # 3 Pending Motion, # 4 Removal Statement, # 5 Notice of Consent)(Kaufmann, Melinda) Modified on 1/15/2016 (Walker, A). (Entered: 01/14/2016)

Jan. 14, 2016
3

NOTICE by Hartford Board of Education, Beth Schiavino−Narvaez of Pending Motions (Kaufmann, Melinda) (Entered: 01/14/2016)

Jan. 14, 2016
2

NOTICE of Appearance by Melinda B. Kaufmann on behalf of Hartford Board of Education, Beth Schiavino-Narvaez (Kaufmann, Melinda) (Entered: 01/14/2016)

Jan. 14, 2016 PACER
4

NOTICE by Hartford Board of Education, Beth Schiavino−Narvaez of Removal Statement (Kaufmann, Melinda) (Entered: 01/14/2016)

Jan. 14, 2016
3

NOTICE by Hartford Board of Education, Beth Schiavino-Narvaez of Pending Motions (Kaufmann, Melinda) (Entered: 01/14/2016)

Jan. 14, 2016 PACER
4

NOTICE by Hartford Board of Education, Beth Schiavino-Narvaez of Removal Statement (Kaufmann, Melinda) (Entered: 01/14/2016)

Jan. 14, 2016 PACER
5

NOTICE by Hartford Board of Education, Beth Schiavino−Narvaez re 1 Complaint, of Bloomfield Board of Education's Consent to Removal (Kaufmann, Melinda) (Entered: 01/14/2016)

Jan. 14, 2016
6

NOTICE by Hartford Board of Education, Beth Schiavino−Narvaez re 1 Complaint, of Manchester Board of Education's Consent to Removal (Kaufmann, Melinda) (Entered: 01/14/2016)

Jan. 14, 2016
5

NOTICE by Hartford Board of Education, Beth Schiavino-Narvaez re 1 Complaint, of Bloomfield Board of Education's Consent to Removal (Kaufmann, Melinda) (Entered: 01/14/2016)

Jan. 14, 2016 PACER
6

NOTICE by Hartford Board of Education, Beth Schiavino-Narvaez re 1 Complaint, of Manchester Board of Education's Consent to Removal (Kaufmann, Melinda) (Entered: 01/14/2016)

Jan. 14, 2016 PACER
7

NOTICE by Hartford Board of Education, Beth Schiavino−Narvaez re 1 Complaint, of State Dept. of Education's Consent to Removal (Kaufmann, Melinda) (Entered: 01/14/2016)

Jan. 14, 2016
7

NOTICE by Hartford Board of Education, Beth Schiavino-Narvaez re 1 Complaint, of State Dept. of Education's Consent to Removal (Kaufmann, Melinda) (Entered: 01/14/2016)

Jan. 14, 2016 PACER

Judge Stefan R. Underhill added. (Walker, A) (Entered: 01/15/2016)

Jan. 14, 2016
8

Order on Pretrial Deadlines: Motions to Dismiss due on 4/14/2016. Amended Pleadings due by 3/14/2016 Discovery due by 7/15/2016 Dispositive Motions due by 8/14/2016Signed by Clerk on 1/14/2016.(Oliver, T.) (Entered: 01/15/2016)

Jan. 14, 2016
8

Order on Pretrial Deadlines: Motions to Dismiss due on 4/14/2016. Amended Pleadings due by 3/14/2016 Discovery due by 7/15/2016 Dispositive Motions due by 8/14/2016 Signed by Clerk on 1/14/2016.(Oliver, T.) (Entered: 01/15/2016)

Jan. 14, 2016 PACER
9

ELECTRONIC FILING ORDER − PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Stefan R. Underhill on 1/14/2016.(Oliver, T.) (Entered: 01/15/2016)

Jan. 14, 2016
9

ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Stefan R. Underhill on 1/14/2016.(Oliver, T.) (Entered: 01/15/2016)

Jan. 14, 2016 PACER
10

STANDING PROTECTIVE ORDER Signed by Judge Stefan R. Underhill on 1/14/2016.(Oliver, T.) (Entered: 01/15/2016)

Jan. 14, 2016 PACER
10

STANDING PROTECTIVE ORDER Signed by Judge Stefan R. Underhill on 1/14/2016.(Oliver, T.) (Entered: 01/15/2016)

Jan. 14, 2016

NOTICE TO COUNSEL NOT ADMITTED TO THE BAR OF THE US DISTRICT COURT OF CONNECTICUT Re: Local Rule 83.1 Admission of Attorneys. The above captioned case has been received and filed in our court. Please see our Local Rule 83.1 regarding Admission of Attorneys that is available on our website at www.ctd.uscourts.gov. We will not accept further filings from your office until you have complied with Local Rule 83.1. If you have any questions about this procedure, please contact the Clerk's Office. Signed by Clerk on 1/15/2016. (Walker, A) (Entered: 01/15/2016)

Jan. 15, 2016
11

NOTICE TO COUNSEL: Counsel initiating or removing this action is responsible for serving all parties with attached documents and copies of 2 Notice of Appearance filed by Hartford Board of Education, Beth Schiavino-Narvaez, 6 Notice (Other) filed by Hartford Board of Education, Beth Schiavino-Narvaez, 8 Order on Pretrial Deadlines, 9 Electronic Filing Order, 7 Notice (Other) filed by Hartford Board of Education, Beth Schiavino-Narvaez, 5 Notice (Other) filed by Hartford Board of Education, Beth Schiavino-Narvaez, 1 Complaint, filed by Hartford Board of Education, 4 Notice (Other) filed by Hartford Board of Education, Beth Schiavino-Narvaez, 10 Protective Order, 3 Notice (Other) filed by Hartford Board of Education, Beth Schiavino-Narvaez Signed by Clerk on 1/15/2016. (Attachments: # 1 Removal Standing Order)(Oliver, T.) (Entered: 01/15/2016)

Jan. 15, 2016 PACER
11

NOTICE TO COUNSEL: Counsel initiating or removing this action is responsible for serving all parties with attached documents and copies of 2 Notice of Appearance filed by Hartford Board of Education, Beth Schiavino−Narvaez, 6 Notice (Other) filed by Hartford Board of Education, Beth Schiavino−Narvaez, 8 Order on Pretrial Deadlines, 9 Electronic Filing Order, 7 Notice (Other) filed by Hartford Board of Education, Beth Schiavino−Narvaez, 5 Notice (Other) filed by Hartford Board of Education, Beth Schiavino−Narvaez, 1 Complaint, filed by Hartford Board of Education, 4 Notice (Other) filed by Hartford Board of Education, Beth Schiavino−Narvaez, 10 Protective Order, 3 Notice (Other) filed by Hartford Board of Education, Beth Schiavino−NarvaezSigned by Clerk on 1/15/2016. (Attachments: # 1 Removal Standing Order)(Oliver, T.) (Entered: 01/15/2016)

Jan. 15, 2016
12

NOTICE of Appearance by Stephen M. Sedor on behalf of Hartford Board of Education, Beth Schiavino-Narvaez (Sedor, Stephen) (Entered: 01/27/2016)

Jan. 27, 2016 PACER
12

NOTICE of Appearance by Stephen M. Sedor on behalf of Hartford Board of Education, Beth Schiavino−Narvaez (Sedor, Stephen) (Entered: 01/27/2016)

Jan. 27, 2016
13

NOTICE of Appearance by Linda L. Yoder on behalf of Matthew Geary, Manchester Board of Education (Yoder, Linda) (Entered: 02/01/2016)

Feb. 1, 2016 PACER
13

NOTICE of Appearance by Linda L. Yoder on behalf of Matthew Geary, Manchester Board of Education (Yoder, Linda) (Entered: 02/01/2016)

Feb. 1, 2016
14

NOTICE of Appearance by Peter J. Maher on behalf of Matthew Geary, Manchester Board of Education (Maher, Peter) (Entered: 02/01/2016)

Feb. 1, 2016 PACER
14

NOTICE of Appearance by Peter J. Maher on behalf of Matthew Geary, Manchester Board of Education (Maher, Peter) (Entered: 02/01/2016)

Feb. 1, 2016
15

NOTICE of Appearance by Walter P. Loughlin on behalf of Alicia B., Tobias J. (Loughlin, Walter) (Entered: 02/02/2016)

Feb. 2, 2016 PACER
15

NOTICE of Appearance by Walter P. Loughlin on behalf of Alicia B., Tobias J. (Loughlin, Walter) (Entered: 02/02/2016)

Feb. 2, 2016
16

First MOTION for Extension of Time until 3/10/2016 filing Rule 26(f) report by Matthew Geary, Manchester Board of Education. (Maher, Peter) (Entered: 02/25/2016)

Feb. 25, 2016 PACER
17

ORDER REFERRING CASE to Magistrate Judge William I. Garfinkel for Settlement Conference. Signed by Judge Stefan R. Underhill on 2/29/2016. (Buttrick, A.) (Entered: 02/29/2016)

Feb. 29, 2016 PACER
17

ORDER REFERRING CASE to Magistrate Judge William I. Garfinkel for Settlement Conference.Signed by Judge Stefan R. Underhill on 2/29/2016. (Buttrick, A.) (Entered: 02/29/2016)

Feb. 29, 2016
18

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephone Pre-Settlement Conference set for 3/1/2016 @ 1:00 PM before Judge William I. Garfinkel. Counsel shall contact Chambers dial-in number at 1-877-336-1831, access code 4924598 followed by pound (#). A date for the settlement conference will be set during the telephone call. As the Court requires parties or their representatives with settlement authority to attend the settlement conference, counsel should obtain dates of unavailability from their clients over the next 60 days and have their own calendars available to aid in the scheduling. During the telephone call, counsel should be prepared to discuss what information needs to be exchanged and anything else that needs to be accomplished prior to the settlement conference for the discussions to be productive. This telephone conference will not be rescheduled based on requests from counsel. If counsel is not available at the scheduled time, please arrange for coverage by another lawyer who will have the necessary background knowledge to participate. (Sanders, C.) (Entered: 02/29/2016)

Feb. 29, 2016 PACER
18

NOTICE OF E−FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephone Pre−Settlement Conference set for 3/1/2016 @ 1:00 PM before Judge William I. Garfinkel. Counsel shall contact Chambers dial−in number at 1−877−336−1831, access code 4924598 followed by pound (#) . A date for the settlement conference will be set during the telephone call. As the Court requires parties or their representatives with settlement authority to attend the settlement conference, counsel should obtain dates of unavailability from their clients over the next 60 days and have their own calendars available to aid in the scheduling. During the telephone call, counsel should be prepared to discuss what information needs to be exchanged and anything else that needs to be accomplished prior to the settlement conference for the discussions to be productive. This telephone conference will not be rescheduled based on requests from counsel. If counsel is not available at the scheduled time, please arrange for coverage by another lawyer who will have the necessary background knowledge to participate. (Sanders, C.) (Entered: 02/29/2016)

Feb. 29, 2016
19

NOTICE of Appearance by Martha Stone on behalf of Alicia B., Tobias J. (Stone, Martha) (Entered: 02/29/2016)

Feb. 29, 2016
19

NOTICE of Appearance by Martha Stone on behalf of Alicia B., Tobias J. (Stone, Martha) (Entered: 02/29/2016)

Feb. 29, 2016 PACER
20

MOTION for Attorney(s) Annie Lee to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205−3913095) by Alicia B., Tobias J.. (Attachments: # 1 Exhibit Affidavit of Annie Lee in Support of Motion for Admission as Visiting Attorney)(Stone, Martha) (Entered: 02/29/2016)

Feb. 29, 2016
20

MOTION for Attorney(s) Annie Lee to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-3913095) by Alicia B., Tobias J.. (Attachments: # 1 Exhibit Affidavit of Annie Lee in Support of Motion for Admission as Visiting Attorney)(Stone, Martha) (Entered: 02/29/2016)

Feb. 29, 2016 PACER
21

MOTION for Attorney(s) Michael Harris to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205−3913105) by Alicia B., Tobias J.. (Attachments: # 1 Exhibit Affidavit of Michael Harris in Support of Motion for Admission as Visiting Attorney)(Stone, Martha) (Entered: 02/29/2016)

Feb. 29, 2016
21

MOTION for Attorney(s) Michael Harris to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-3913105) by Alicia B., Tobias J.. (Attachments: # 1 Exhibit Affidavit of Michael Harris in Support of Motion for Admission as Visiting Attorney)(Stone, Martha) (Entered: 02/29/2016)

Feb. 29, 2016 PACER
22

ORDER granting 20 Motion for Attorney Annie Lee to Appear Pro Hac Vice. Certificate of Good Standing due by 4/30/2016. Signed by Clerk on 3/1/2016. (Oliver, T.) (Entered: 03/01/2016)

March 1, 2016 PACER
22

ORDER granting 20 Motion for Attorney Annie Lee to Appear Pro Hac Vice. Certificate of Good Standing due by 4/30/2016. Signed by Clerk on 3/1/2016. (Oliver, T.) (Entered: 03/01/2016)

March 1, 2016
23

ORDER granting 21 Motion for Attorney Michael Harris to Appear Pro Hac Vice. Certificate of Good Standing due by 4/30/2016. Signed by Clerk on 3/1/2016. (Oliver, T.) (Entered: 03/01/2016)

March 1, 2016 PACER
23

ORDER granting 21 Motion for Attorney Michael Harris to Appear Pro Hac Vice. Certificate of Good Standing due by 4/30/2016. Signed by Clerk on 3/1/2016. (Oliver, T.) (Entered: 03/01/2016)

March 1, 2016
24

Minute Entry for proceedings held before Judge William I. Garfinkel: Telephone Pre−Settlement Conference held on 3/1/2016. No settlement conference scheduled at this time, but the court is available if all counsel jointly agree to mediation. 45 minutes (Sanders, C.) (Entered: 03/01/2016)

March 1, 2016
24

Minute Entry for proceedings held before Judge William I. Garfinkel: Telephone Pre-Settlement Conference held on 3/1/2016. No settlement conference scheduled at this time, but the court is available if all counsel jointly agree to mediation. 45 minutes (Sanders, C.) (Entered: 03/01/2016)

March 1, 2016 PACER
25

NOTICE of Appearance by Michael Harris on behalf of Tobias J. et al. (Harris, Michael) (Entered: 03/03/2016)

March 3, 2016
25

NOTICE of Appearance by Michael Harris on behalf of Tobias J. et al. (Harris, Michael) (Entered: 03/03/2016)

March 3, 2016 PACER
26

NOTICE of Appearance by Annie Lee on behalf of Alicia B., Tobias J. (Lee, Annie) (Entered: 03/03/2016)

March 3, 2016
26

NOTICE of Appearance by Annie Lee on behalf of Alicia B., Tobias J. (Lee, Annie) (Entered: 03/03/2016)

March 3, 2016 PACER
27

Joint REPORT of Rule 26(f) Planning Meeting. (Loughlin, Walter) (Entered: 03/10/2016)

March 10, 2016
27

Joint REPORT of Rule 26(f) Planning Meeting. (Loughlin, Walter) (Entered: 03/10/2016)

March 10, 2016 PACER
28

CERTIFICATE OF GOOD STANDING re 21 MOTION for Attorney(s) Michael Harris to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205−3913105) by Alicia B., Tobias J.. (Harris, Michael) (Entered: 03/14/2016)

March 14, 2016
28

CERTIFICATE OF GOOD STANDING re 21 MOTION for Attorney(s) Michael Harris to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-3913105) by Alicia B., Tobias J.. (Harris, Michael) (Entered: 03/14/2016)

March 14, 2016 PACER
29

CERTIFICATE OF GOOD STANDING re 20 MOTION for Attorney(s) Annie Lee to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205−3913095) by Alicia B., Tobias J.. (Lee, Annie) (Entered: 03/14/2016)

March 14, 2016
29

CERTIFICATE OF GOOD STANDING re 20 MOTION for Attorney(s) Annie Lee to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-3913095) by Alicia B., Tobias J.. (Lee, Annie) (Entered: 03/14/2016)

March 14, 2016 PACER
31

ORDER granting nunc pro tunc 16 Motion for Extension of Time. Signed by Judge Stefan R. Underhill on 3/17/2016. (Pollack, R.) (Entered: 03/17/2016)

March 17, 2016
30

Consent MOTION to Proceed in Fictitious Name by Alicia B., Tobias J.. (Attachments: # 1 Affirmation of Walter P. Loughlin, # 2 Exhibit A, # 3 Exhibit B, # 4 Text of Proposed Order Consent Order)(Loughlin, Walter) (Entered: 03/16/2016)

March 16, 2016 PACER
31

ORDER granting nunc pro tunc 16 Motion for Extension of Time. Signed by Judge Stefan R. Underhill on 3/17/2016. (Pollack, R.) (Entered: 03/17/2016)

March 17, 2016 PACER
32

ORDER approving 27 Report of Rule 26(f) Planning Meeting. Discovery shall commence on April 14, 2016 and shall be completed (not propounded) by November 14, 2016. Dispositive motions shall be filed by December 14, 2016. Signed by Judge Stefan R. Underhill on 3/17/2016.(Pollack, R.) (Entered: 03/17/2016)

March 17, 2016
32

ORDER approving 27 Report of Rule 26(f) Planning Meeting. Discovery shall commence on April 14, 2016 and shall be completed (not propounded) by November 14, 2016. Dispositive motions shall be filed by December 14, 2016. Signed by Judge Stefan R. Underhill on 3/17/2016.(Pollack, R.) (Entered: 03/17/2016)

March 17, 2016 PACER
33

ORDER granting 30 Motion to Proceed in Fictitious Name. Signed by Judge Stefan R. Underhill on 3/21/2016. (Pollack, R.) (Entered: 03/21/2016)

March 21, 2016
34

MOTION for Annie Lee to Withdraw as Attorney by Alicia B., Tobias J.. (Lee, Annie) (Entered: 04/29/2016)

April 29, 2016
33

ORDER granting 30 Motion to Proceed in Fictitious Name. Signed by Judge Stefan R. Underhill on 3/21/2016. (Pollack, R.) (Entered: 03/21/2016)

March 21, 2016 PACER
35

MOTION for Extension of Time until May 20, 2016 File Motion to Dismiss by Hartford Board of Education, Beth Schiavino−Narvaez. (Sedor, Stephen) (Entered: 04/29/2016)

April 29, 2016
34

MOTION for Annie Lee to Withdraw as Attorney by Alicia B., Tobias J.. (Lee, Annie) (Entered: 04/29/2016)

April 29, 2016 PACER
36

ORDER granting 34 Motion to Withdraw as Attorney; Attorney Annie Lee terminated; granting 35 Motion for Extension of Time. Signed by Judge Stefan R. Underhill on 5/4/2016. (Pollack, R.) (Entered: 05/04/2016)

May 4, 2016
35

MOTION for Extension of Time until May 20, 2016 File Motion to Dismiss by Hartford Board of Education, Beth Schiavino-Narvaez. (Sedor, Stephen) (Entered: 04/29/2016)

April 29, 2016 PACER

Answer deadline updated for All Defendants. (Pollack, R.) (Entered: 05/04/2016)

May 4, 2016
36

ORDER granting 34 Motion to Withdraw as Attorney; Attorney Annie Lee terminated; granting 35 Motion for Extension of Time. Signed by Judge Stefan R. Underhill on 5/4/2016. (Pollack, R.) (Entered: 05/04/2016)

May 4, 2016 PACER
37

First MOTION for Extension of Time until June 15, 2016 for Defendants Manchester Board of Education and Matthew Geary to Respond/Reply to Complaint 1 Complaint, by Matthew Geary, Manchester Board of Education. (Maher, Peter) (Entered: 05/05/2016)

May 5, 2016 PACER
37

First MOTION for Extension of Time until June 15, 2016 for Defendants Manchester Board of Education and Matthew Geary to Respond/Reply to Complaint 1 Complaint, by Matthew Geary, Manchester Board of Education. (Maher, Peter) (Entered: 05/05/2016)

May 5, 2016
38

ORDER granting 37 Motion for Extension of Time until June 15, 2016 for Defendants Manchester Board of Education and Matthew Geary to Respond to 1 Complaint. Signed by Clerk on 5/6/2016. (Oliver, T.) (Entered: 05/06/2016)

May 6, 2016 PACER
38

ORDER granting 37 Motion for Extension of Time until June 15, 2016 for Defendants Manchester Board of Education and Matthew Geary to Respond to 1 Complaint. Signed by Clerk on 5/6/2016. (Oliver, T.) (Entered: 05/06/2016)

May 6, 2016
39

NOTICE of Appearance by Hannah Benton Eidsath on behalf of Alicia B., Tobias J. (Eidsath, Hannah) (Entered: 05/09/2016)

May 9, 2016 PACER

Answer deadline updated for Matthew Geary to 6/15/2016; Manchester Board of Education to 6/15/2016. (Oliver, T.) (Entered: 05/06/2016)

May 6, 2016
40

NOTICE of Appearance by Walter Menjivar on behalf of Dannel Malloy, State Department of Education, Allan B. Taylor, Dianna Wentzell (Menjivar, Walter) (Entered: 05/12/2016)

May 12, 2016 PACER
39

NOTICE of Appearance by Hannah Benton Eidsath on behalf of Alicia B., Tobias J. (Eidsath, Hannah) (Entered: 05/09/2016)

May 9, 2016
41

MOTION to Sever of Defendants Manchester Board of Education and Matthew Geary by Matthew Geary, Manchester Board of Education. (Attachments: # 1 Memorandum in Support)(Yoder, Linda) (Entered: 05/16/2016)

May 16, 2016 PACER
40

NOTICE of Appearance by Walter Menjivar on behalf of Dannel Malloy, State Department of Education, Allan B. Taylor, Dianna Wentzell (Menjivar, Walter) (Entered: 05/12/2016)

May 12, 2016
42

MOTION to Dismiss by Dannel Malloy, State Board of Education, State Department of Education, Allan B. Taylor, Dianna Wentzell.Responses due by 6/6/2016 (Attachments: # 1 Memorandum in Support State Defendants' Motion to Dismiss)(Menjivar, Walter) (Entered: 05/16/2016)

May 16, 2016 PACER
41

MOTION to Sever of Defendants Manchester Board of Education and Matthew Geary by Matthew Geary, Manchester Board of Education. (Attachments: # 1 Memorandum in Support)(Yoder, Linda) (Entered: 05/16/2016)

May 16, 2016
43

MOTION for Extension of Time until June 15, 2016 to Respond to 1 Complaint by Hartford Board of Education, Beth Schiavino-Narvaez. (Sedor, Stephen) Modified on 5/19/2016 TO LINK TO DOC #1 (Oliver, T.). (Entered: 05/18/2016)

May 18, 2016 PACER
42

MOTION to Dismiss by Dannel Malloy, State Board of Education, State Department of Education, Allan B. Taylor, Dianna Wentzell.Responses due by 6/6/2016 (Attachments: # 1 Memorandum in Support State Defendants' Motion to Dismiss)(Menjivar, Walter) (Entered: 05/16/2016)

May 16, 2016
43

MOTION for Extension of Time until June 15, 2016 to Respond to 1 Complaint by Hartford Board of Education, Beth Schiavino−Narvaez. (Sedor, Stephen) Modified on 5/19/2016 TO LINK TO DOC #1 (Oliver, T.). (Entered: 05/18/2016)

May 18, 2016
44

ORDER granting 43 Motion for Extension of Time until June 15, 2016 to Respond to 1 Complaint. Signed by Clerk on 5/19/2016. (Oliver, T.) (Entered: 05/19/2016)

May 19, 2016 PACER
45

Consent MOTION for Extension of Time until July 6, 2016 to file their response to the Defendants Dannel Malloy, Dianna Wentzell, Allan Taylor and the State Board of Education, in their official capacities, and the State Department of Education, (the State Defendants) Motion to Dismiss 42 MOTION to Dismiss by Alicia B., Tobias J.. (Loughlin, Walter) (Entered: 06/03/2016)

June 3, 2016 PACER
44

ORDER granting 43 Motion for Extension of Time until June 15, 2016 to Respond to 1 Complaint. Signed by Clerk on 5/19/2016. (Oliver, T.) (Entered: 05/19/2016)

May 19, 2016
46

Memorandum in Opposition re 41 MOTION to Sever of Defendants Manchester Board of Education and Matthew Geary filed by Alicia B., Tobias J.. (Loughlin, Walter) (Entered: 06/06/2016)

June 6, 2016 PACER

Answer deadline updated for Hartford Board of Education to 6/15/2016; Beth Schiavino−Narvaez to 6/15/2016. (Oliver, T.) (Entered: 05/19/2016)

May 19, 2016
47

Consent MOTION for Extension of Time until July 30, 2016 To File Responsive Pleading 1 Complaint, by Matthew Geary, Manchester Board of Education. (Maher, Peter) (Entered: 06/09/2016)

June 9, 2016 PACER
45

Consent MOTION for Extension of Time until July 6, 2016 to file their response to the Defendants Dannel Malloy, Dianna Wentzell, Allan Taylor and the State Board of Education, in their official capacities, and the State Department of Education, (the State Defendants) Motion to Dismiss 42 MOTION to Dismiss by Alicia B., Tobias J..

June 3, 2016
48

Second MOTION for Extension of Time until June 22, 2016 Responsive pleading to 1 complaint by Hartford Board of Education, Beth Schiavino-Narvaez. (Kaufmann, Melinda) Modified on 6/13/2016 TO LINK TO DOC #1 (Oliver, T.). (Entered: 06/10/2016)

June 10, 2016 PACER
47

Consent MOTION for Extension of Time until July 30, 2016 To File Responsive Pleading 1 Complaint, by Matthew Geary, Manchester Board of Education. (Maher, Peter) (Entered: 06/09/2016)

June 9, 2016
48

Second MOTION for Extension of Time until June 22, 2016 Responsive pleading to 1 complaint by Hartford Board of Education, Beth Schiavino−Narvaez. (Kaufmann, Melinda) Modified on 6/13/2016 TO LINK TO DOC #1 (Oliver, T.). (Entered: 06/10/2016)

June 10, 2016
49

ORDER granting 45 Plaintiffs' Motion for Extension of Time until July 6 to respond to motion to dismiss; granting 47 Manchester Board of Education and Matthew Geary's Motion for Extension of Time until July 30 to file a responsive pleading; granting 48 Hartford Board of Education and Beth Schiavino-Narvaez's Motion for Extension of Time until June 22 to file a responsive pleading. Signed by Judge Stefan R. Underhill on 6/14/2016. (Pollack, R.) (Entered: 06/14/2016)

June 14, 2016 PACER
49

ORDER granting 45 Plaintiffs' Motion for Extension of Time until July 6 to respond to motion to dismiss; granting 47 Manchester Board of Education and Matthew Geary's Motion for Extension of Time until July 30 to file a responsive pleading; granting 48 Hartford Board of Education and Beth Schiavino−Narvaez's Motion for Extension of Time until June 22 to file a responsive pleading. Signed by Judge Stefan R. Underhill on 6/14/2016. (Pollack, R.) (Entered: 06/14/2016)

June 14, 2016
50

Set/Reset Deadlines as to 42 MOTION to Dismiss: Responses due by 7/6/2016. Answer deadline updated for Matthew Geary, Manchester Board of Education to 7/30/2016; Hartford Board of Education, Beth Schiavino-Narvaez to 6/22/2016. (Pollack, R.) (Entered: 06/14/2016)

June 14, 2016 PACER

State / Territory: Connecticut

Case Type(s):

Education

Key Dates

Filing Date: Dec. 15, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Children sent to an alternative educational program after being expelled from public school.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Center for Youth Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Hartford Board of Education (Hartfod, Hartford), School District

Bloomfield Board of Education (Bloomfield, Hartford), School District

Manchester Board of Education (Manchester, Hartford), School District

Connecticut State Board of Education (Hartford, Hartford), State

Connecticut State Department of Education (Hartford, Hartford), State

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Private Settlement Agreement

Amount Defendant Pays: 84,400

Order Duration: 2016 - 2022

Content of Injunction:

Remedial education

Monitoring

Required disclosure

Issues

General:

Discharge & termination plans

Individualized planning

Discrimination-basis:

Race discrimination

Race:

Black

Type of Facility:

Government-run