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 attrorneys, 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)

Documents in the Clearinghouse

Document

HHD-CV-15-5040967-S

Docket [State Court]

B. v. Malloy

Connecticut state trial court

Dec. 15, 2015

Dec. 15, 2015

Docket

3:16-cv-00065

Docket [PACER]

B. v. Malloy

July 18, 2018

July 18, 2018

Docket

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

Connecticut state trial court

Dec. 15, 2015

Dec. 15, 2015

Pleading / Motion / Brief

HHD-CV-15-5040967-S

Complaint

Connecticut state trial court

Dec. 15, 2015

Dec. 15, 2015

Complaint
79-1

3:16-cv-00065

Settlement Agreement

Aug. 16, 2016

Aug. 16, 2016

Settlement Agreement
107

3:16-cv-00065

Stipulation of Dismissal

B. v. Malloy

Dec. 14, 2016

Dec. 14, 2016

Pleading / Motion / Brief
135

3:16-cv-00065

Settlement Agreement and Stipulation of Dismissal

B. v. Malloy

July 16, 2018

July 16, 2018

Settlement Agreement

Resources

Docket

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

Last updated Aug. 2, 2022, 3:21 a.m.

ECF Number Description Date Link 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)

1 Summons and Complaint

View on RECAP

2 Appearance

View on PACER

3 Pending Motion

View on PACER

4 Removal Statement

View on PACER

5 Notice of Consent

View on PACER

Jan. 14, 2016

Jan. 14, 2016

PACER
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

Jan. 14, 2016

PACER
3

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

Jan. 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

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

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

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

Jan. 14, 2016

PACER
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

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

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

Jan. 14, 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-Narvaez Signed by Clerk on 1/15/2016. (Attachments: # 1 Removal Standing Order)(Oliver, T.) (Entered: 01/15/2016)

Jan. 15, 2016

Jan. 15, 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

Jan. 27, 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

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

Feb. 1, 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

Feb. 2, 2016

PACER
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

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

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

Feb. 29, 2016

PACER
19

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

Feb. 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

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

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

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

March 1, 2016

PACER
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

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

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

March 3, 2016

PACER
27

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

March 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

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

March 14, 2016

PACER
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

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

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

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

March 21, 2016

PACER
34

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

April 29, 2016

April 29, 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

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

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

May 5, 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

May 6, 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

May 9, 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

May 12, 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

May 16, 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

May 16, 2016

PACER
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

May 18, 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

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

June 3, 2016

PACER
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

June 6, 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

June 9, 2016

PACER
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

June 10, 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

June 14, 2016

PACER
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

June 14, 2016

PACER
51

MOTION for Extension of Time until June 27, 2016 In which to file its answer to Plaintiff's 1 complaint by Hartford Board of Education, Beth Schiavino-Narvaez. (Sedor, Stephen) Modified on 6/21/2016 TO LINK TO DOC #1 (Oliver, T.). (Entered: 06/20/2016)

June 20, 2016

June 20, 2016

PACER
52

ORDER granting 51 Motion for Extension of Time. Signed by Judge Stefan R. Underhill on 6/21/2016. (Pollack, R.) (Entered: 06/21/2016)

June 21, 2016

June 21, 2016

PACER
53

MOTION to Dismiss by Hartford Board of Education, Beth Schiavino-Narvaez.Responses due by 7/18/2016 (Sedor, Stephen) (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

PACER
54

Memorandum in Support re 53 MOTION to Dismiss filed by Hartford Board of Education, Beth Schiavino-Narvaez. (Sedor, Stephen) (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

PACER
55

Consent MOTION for Extension of Time until July 27, 2016 for Plaintiffs to file Response to State Defendants' Motion to Dismiss 42 MOTION to Dismiss by Alicia B., Tobias J.. (Loughlin, Walter) (Entered: 07/05/2016)

July 5, 2016

July 5, 2016

PACER
56

ORDER granting 55 Motion for Extension of Time until July 27, 2016 to respond to motion to dismiss. Signed by Judge Stefan R. Underhill on 7/14/2016. (Pollack, R.) (Entered: 07/14/2016)

July 14, 2016

July 14, 2016

PACER
57

Set/Reset Deadlines as to 42 MOTION to Dismiss . Responses due by 7/27/2016. (Pollack, R.) (Entered: 07/14/2016)

July 14, 2016

July 14, 2016

PACER
58

Memorandum in Opposition to Hartford Defendants' Motion to Dismiss Plaintiffs' Claims re 53 MOTION to Dismiss filed by Alicia B., Tobias J.. (Harris, Michael) (Entered: 07/18/2016)

July 18, 2016

July 18, 2016

PACER
59

MOTION for Extension of Time until August 22, 2016 to Respond/Object to Pl's 1st Set of Requests for Production of Docs by Hartford Board of Education, Beth Schiavino-Narvaez. (Attachments: # 1 Exhibit A)(Sedor, Stephen) (Entered: 07/20/2016)

July 20, 2016

July 20, 2016

PACER
60

ORDER granting 59 Motion for Extension of Time until August 22, 2016 to Respond/Object to Pl's 1st Set of Requests for Production. Signed by Judge Stefan R. Underhill on 7/26/2016. (Pollack, R.) (Entered: 07/26/2016)

July 26, 2016

July 26, 2016

PACER
61

Consent MOTION for Extension of Time to File Response/Reply as to 42 MOTION to Dismiss until August 17, 2016 by Alicia B., Tobias J.. (Loughlin, Walter) (Entered: 07/26/2016)

July 26, 2016

July 26, 2016

PACER
62

ORDER granting 61 Motion for Extension of Time to File Response/Reply re 42 MOTION to Dismiss .Responses due by 8/17/2016. Signed by Judge Stefan R. Underhill on 7/27/2016. (Pollack, R.) (Entered: 07/27/2016)

July 27, 2016

July 27, 2016

PACER
63

Third MOTION for Extension of Time until August 29, 2016 to File Responsive Pleading by Matthew Geary, Manchester Board of Education. (Maher, Peter) (Entered: 07/27/2016)

July 27, 2016

July 27, 2016

PACER
64

MOTION for Attorney(s) Erica R. Iverson to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-4083379) by Alicia B., Tobias J.. (Attachments: # 1 Exhibit Affidavit in Spport of Motion to Admit)(Stone, Martha) (Entered: 07/28/2016)

July 28, 2016

July 28, 2016

PACER
65

ORDER granting 64 Motion for Attorney Erica R. Iverson to Appear Pro Hac Vice. Certificate of Good Standing due by 9/27/2016. Signed by Clerk on 7/29/2016. (Oliver, T.) (Entered: 07/29/2016)

July 29, 2016

July 29, 2016

PACER
66

MOTION to Seal Manchester Settlement Agreement by Alicia B., Tobias J.. (Harris, Michael) (Entered: 07/29/2016)

July 29, 2016

July 29, 2016

PACER
67

Memorandum in Support re 66 MOTION to Seal Manchester Settlement Agreement filed by Alicia B., Tobias J.. (Harris, Michael) (Entered: 07/29/2016)

July 29, 2016

July 29, 2016

PACER
68

AFFIDAVIT re 66 MOTION to Seal Manchester Settlement Agreement Signed By Marisa M. Halm filed by Alicia B., Tobias J.. (Harris, Michael) (Entered: 07/29/2016)

July 29, 2016

July 29, 2016

PACER
69

STIPULATION of Dismissal of The Defendants Matthew Geary and Manchester Board of Education by Alicia B., Tobias J.. (Attachments: # 1 Exhibit A - Manchester Settlement Agreement (Filed Under Seal))(Harris, Michael) (Entered: 07/29/2016)

July 29, 2016

July 29, 2016

PACER
70

Sealed Document: Manchester Settlement Agreement by Alicia B., Tobias J. re 69 Stipulation of Dismissal . (Harris, Michael) (Entered: 07/29/2016)

July 29, 2016

July 29, 2016

PACER
71

ORDER granting 63 Motion for Extension of Time until August 29, 2016 to File Responsive Pleading. Signed by Judge Stefan R. Underhill on 7/29/2016. (Pollack, R.) (Entered: 07/29/2016)

July 29, 2016

July 29, 2016

PACER
72

First MOTION for Leave to File Excess Pages by Hartford Board of Education, Beth Schiavino-Narvaez. (Kaufmann, Melinda) (Entered: 07/29/2016)

July 29, 2016

July 29, 2016

PACER
73

REPLY to Response to 53 MOTION to Dismiss filed by Hartford Board of Education, Beth Schiavino-Narvaez. (Kaufmann, Melinda) (Entered: 08/01/2016)

Aug. 1, 2016

Aug. 1, 2016

PACER
74

NOTICE of Appearance by Erica R. Iverson on behalf of Alicia B., Tobias J. (Iverson, Erica) (Entered: 08/02/2016)

Aug. 2, 2016

Aug. 2, 2016

PACER
75

CERTIFICATE OF GOOD STANDING re 64 MOTION for Attorney(s) Erica R. Iverson to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-4083379) by Alicia B., Tobias J.. (Iverson, Erica) (Entered: 08/02/2016)

Aug. 2, 2016

Aug. 2, 2016

PACER
76

ORDER granting 66 Motion to Seal; granting 72 Motion for Leave to File Excess Pages. Signed by Judge Stefan R. Underhill on 8/5/2016. (Pollack, R.) (Entered: 08/05/2016)

Aug. 5, 2016

Aug. 5, 2016

PACER
77

ORDER: 69 Stipulation of Dismissal filed by Alicia B., Tobias J. re 70 Sealed Settlement filed by Alicia B., Tobias J., is APPROVED. The Clerk shall terminate the Defendants Matthew Geary and Manchester Board of Education. So ordered. Signed by Judge Stefan R. Underhill on 8/11/2016.(Pollack, R.) (Entered: 08/11/2016)

Aug. 11, 2016

Aug. 11, 2016

PACER
78

ORDER denying as moot 41 Motion to Sever. Signed by Judge Stefan R. Underhill on 8/11/2016. (Pollack, R.) (Entered: 08/11/2016)

Aug. 11, 2016

Aug. 11, 2016

PACER
79

STIPULATION of Dismissal of Defendants Bloomfield Board of Education and James Thompson by Tobias J.. (Attachments: # 1 Exhibit Settlement Agreement)(Stone, Martha) (Entered: 08/16/2016)

Aug. 16, 2016

Aug. 16, 2016

PACER
80

ORDER approving 79 Stipulation of Dismissal filed by Tobias J. The Clerk shall terminate the Plaintiff Tobias J. So Ordered. Signed by Judge Stefan R. Underhill on 8/17/2016. (Buttrick, A.) (Entered: 08/17/2016)

Aug. 17, 2016

Aug. 17, 2016

PACER
81

AMENDED ORDER re 80 Order. The Clerk shall terminate Defendants Bloomfield Board of Education and James Thompson, and shall not terminate Plaintiff Tobias J. Signed by Judge Stefan R. Underhill on 8/17/2016. (Buttrick, A.) (Entered: 08/17/2016)

Aug. 17, 2016

Aug. 17, 2016

PACER
82

Consent MOTION for Extension of Time to File Response/Reply as to 42 MOTION to Dismiss until August 31, 2016 by Alicia B., Tobias J.. (Iverson, Erica) (Entered: 08/17/2016)

Aug. 17, 2016

Aug. 17, 2016

PACER
83

ORDER granting 82 Motion for Extension of Time to File Response/Reply re 42 MOTION to Dismiss. Responses due by 8/31/2016. Signed by Judge Stefan R. Underhill on 8/18/2016. (Landman, M) (Entered: 08/18/2016)

Aug. 18, 2016

Aug. 18, 2016

PACER
84

NOTICE of Appearance by Zachary David Schurin on behalf of Hartford Board of Education, Beth Schiavino-Narvaez (Schurin, Zachary) (Entered: 08/22/2016)

Aug. 22, 2016

Aug. 22, 2016

PACER
85

MOTION TO MODIFY JOINT RULE 26(F) REPORT re 27 Report of Rule 26(f) Planning Meeting, 32 Order,, Set Deadlines/Hearings, by Alicia B., Tobias J..Responses due by 9/13/2016 (Iverson, Erica) (Entered: 08/23/2016)

Aug. 23, 2016

Aug. 23, 2016

PACER
86

ORDER granting 85 Motion for Modification to Scheduling Order. Signed by Judge Stefan R. Underhill on 8/24/2016. (Buttrick, A.) (Entered: 08/24/2016)

Aug. 24, 2016

Aug. 24, 2016

PACER
87

MOTION for Attorney(s) Priya Chadha to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-4121018) by Alicia B., Tobias J.. (Attachments: # 1 Affidavit)(Stone, Martha) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

PACER
88

MOTION for Attorney(s) Luke E. Steinberger to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-4121197) by Alicia B., Tobias J.. (Attachments: # 1 Affidavit)(Stone, Martha) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

PACER
89

Memorandum in Opposition to State Defendants' Motion to Dismiss Plaintiffs' Claims re 42 MOTION to Dismiss filed by Alicia B., Tobias J.. (Harris, Michael) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

PACER
90

ORDER granting 87 Motion to Appear Pro Hac Vice Certificate of Good Standing due by 10/31/2016. Signed by Clerk on 9/1/16. (Gould, K.) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

PACER
91

ORDER granting 88 Motion to Appear Pro Hac Vice Certificate of Good Standing due by 10/31/2016. Signed by Clerk on 9/1/16. (Gould, K.) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

PACER
92

CERTIFICATE OF GOOD STANDING re 88 MOTION for Attorney(s) Luke E. Steinberger to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-4121197) by Alicia B., Tobias J.. (Steinberger, Luke) (Entered: 09/02/2016)

Sept. 2, 2016

Sept. 2, 2016

PACER
93

NOTICE of Appearance by Luke E. Steinberger on behalf of Alicia B., Tobias J. (Steinberger, Luke) (Entered: 09/02/2016)

Sept. 2, 2016

Sept. 2, 2016

PACER
94

CERTIFICATE OF GOOD STANDING re 87 MOTION for Attorney(s) Priya Chadha to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-4121018) by Alicia B., Tobias J.. (Chadha, Priya) (Entered: 09/02/2016)

Sept. 2, 2016

Sept. 2, 2016

PACER
95

NOTICE of Appearance by Priya Chadha on behalf of Alicia B., Tobias J. (Chadha, Priya) (Entered: 09/02/2016)

Sept. 2, 2016

Sept. 2, 2016

PACER
96

REPLY to Response to 42 MOTION to Dismiss filed by Dannel Malloy, State Board of Education, State Department of Education, Allan B. Taylor, Dianna Wentzell. (Urban, Ralph) (Entered: 09/09/2016)

Sept. 9, 2016

Sept. 9, 2016

PACER
97

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Motion Hearing on 42 & 53 MOTIONS to Dismiss set for November 22, 2016 at 11:00 AM in Courtroom One, 915 Lafayette Blvd., Bridgeport, CT before Judge Stefan R. Underhill. (Jamieson, K) (Entered: 09/14/2016)

Sept. 14, 2016

Sept. 14, 2016

PACER
98

Consent MOTION for Extension of Time re: Modify Joint Rule 26(F) Report 86 Order on Motion for Miscellaneous Relief by Alicia B., Tobias J.. (Chadha, Priya) (Entered: 09/28/2016)

Sept. 28, 2016

Sept. 28, 2016

PACER
99

ORDER granting 98 Consent MOTION for Extension of Time. Discovery due March 17, 2017. Dispositive motions due by April 17, 2017. Signed by Judge Stefan R. Underhill on 10/05/2016. (Jamieson, K) (Entered: 10/05/2016)

Oct. 5, 2016

Oct. 5, 2016

PACER
100

MOTION for Extension of Time until December 4, 2016 to respond and/or object to Pl's 2nd Set of Interrogatories by Hartford Board of Education, Beth Schiavino-Narvaez. (Sedor, Stephen) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

PACER

Case Details

State / Territory: Connecticut

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

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

Required disclosure

Monitoring

Issues

General:

Discharge & termination plans

Individualized planning

Discrimination-basis:

Race discrimination

Race:

Black

Type of Facility:

Government-run