Case: Gary B. v. Snyder

2:16-cv-13292 | U.S. District Court for the Eastern District of Michigan

Filed Date: Sept. 13, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 13, 2016, seven school children, represented by a California public interest law firm, filed this class action suit against Michigan Governor Rick Snyder and state education officials in the Eastern District of Michigan under 42 U.S.C. § 1983. The plaintiffs alleged that the state denied students their constitutional right to literacy. BackgroundThe plaintiffs were students at five of Detroit’s lowest performing schools: Hamilton Academy, Experiencia Preparatory Academy, Medicine a…

On September 13, 2016, seven school children, represented by a California public interest law firm, filed this class action suit against Michigan Governor Rick Snyder and state education officials in the Eastern District of Michigan under 42 U.S.C. § 1983. The plaintiffs alleged that the state denied students their constitutional right to literacy.

Background

The plaintiffs were students at five of Detroit’s lowest performing schools: Hamilton Academy, Experiencia Preparatory Academy, Medicine and Community Health Academy at Cody, Osborn Academy of Mathematics, and Osborn Evergreen Academy of Design and Alternative Energy. The student proficiency rates in these schools hovered near zero in core subject areas. At Hamilton, for example, 100% of the 6th graders scored below proficiency in both reading and math.

The complaint documented what it alleged to be pervasive conditions that denied children the opportunity to attain literacy, including lack of books, classrooms without teachers, insufficient desks, buildings plagued by vermin, unsafe facilities, and extreme temperatures.

The plaintiffs alleged that the defendants violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment by denying them the fundamental right to literacy, as compared to other students in Michigan, and by functionally excluding plaintiffs from Michigan’s statewide system of public education. Second, the plaintiffs argued that the defendants violated the state-created danger doctrine by affirmatively creating and increasing the risk that plaintiffs would be exposed to dangerous conditions, from which the plaintiffs were harmed as a result. Third, the plaintiffs argued that the defendants violated the Equal Protection Clause of the U.S. Constitution by intentionally discriminating against the plaintiffs, or responding with deliberate indifference, on the basis of the plaintiffs’ race. Fourth, the complaint alleged that the defendants violated Title VI of the Civil Rights Act of 1964 when the defendants utilized criteria or methods of administration that had the effect of subjecting individuals to discrimination because of their race, color, or national origin.

The defendants sought a judicial declaration that the defendants had violated the Fourteenth Amendment of the U.S. Constitution. Additionally, they asked the court to order the State to provide appropriate, evidence-based literacy instruction at all grade levels and to address physical school conditions that impaired access to literacy.

Procedural History

On November 17, 2016, the defendants filed a motion to dismiss. The defendants argued that the claims brought by the plaintiffs were non-justiciable because the plaintiffs lacked standing under U.S. Constitution, Article III, §2; the relief requested was barred by Eleventh Amendment immunity; and the claims themselves were barred by the Rooker/Feldman Doctrine. As to the last point, the defendants argued that a case with similar claims that sought to include all children of the Detroit Public Schools had been brought and dismissed in state court (Moore v. Snyder), and that by bringing this case, the plaintiffs were asking the Federal District Court to review state judicial proceedings, which the court did not have subject-matter jurisdiction to do. Furthermore, the defendants argued that the plaintiffs' claims must be dismissed because they failed on the merits: there was no fundamental right to literacy, the claim failed under the state-created danger doctrine, there was no constitutional violation on the basis of race, and there was no discrimination under Title VI.

Several amicus briefs were filed for both parties. On May 16, 2017 District Court Judge Stephen J. Murphy III held a hearing on the motion to dismiss. On July 27, 2018, Judge Murphy granted the defendants' motion to dismiss. 329 F.Supp.3d 344. He found that there was no constitutional right to access literacy and that Michigan's implementation of various educational laws was not irrational and thus did not violate the Equal Protection Clause.

On July 30, 2018, the plaintiffs appealed the decision to the U.S. Court of Appeals for the Sixth Circuit. Judges Eric Clay, Jane Stranch, and Eric Murphy heard oral arguments on October 24, 2019. On April 23, 2020, Judges Clay and Stranch delivered an opinion affirming in part and reversing in part the District Court. They agreed with the lower court that the plaintiffs had not proven their Equal Protection or compulsory attendance-Due Process claims. They held, however, that a basic minimum right to education is a fundamental right under the Constitution, and that a basic minimum right to education includes a foundational level of literacy, which plaintiffs had adequately demonstrated they did not receive in their schools. 957 F.3d 616. Judge Murphy dissented, disagreeing that the court had the authority to establish a new fundamental right to education.

On May 14, 2020, Governor Gretchen Whitmer and plaintiffs' counsel announced that they had reached a settlement agreement. The settlement included individual awards to the seven student plaintiffs to further their education, funding to support literacy programs in Detroit schools, and the creation of two task forces to monitor the quality of education in Detroit and advise the Michigan Governor on education reform in the city. The Governor also agreed to propose legislation that would provide Detroit schools with even more funding for literacy programs, and to remove a prohibition on Detroit's use of bonds to raise capital for its schools. There is no official end date on the settlement and no official monitor, though the parties agreed that they could seek judicial enforcement if necessary.

On May 19, 2020, after the settlement was announced, the Sixth Circuit took the unusual step of voting sua sponte to rehear the case en banc. 958 F.3d 1216. This vacated the Sixth Circuit opinion that found a basic minimum right to education.

The plaintiffs subsequently moved to dismiss the case on the grounds that it was moot because a settlement had been reached. The Sixth Circuit granted the dismissal on June 11, 2020.

Current Status

Because the Sixth Circuit vacated the April 2020 opinion, it does not have precedential value, though the language of the opinion still exists for plaintiffs to potentially draw on in the future. The settlement still stands and its terms are ongoing.

Summary Authors

Soojin Cha (10/3/2016)

Mackenzie Walz (3/22/2018)

Hope Brinn (4/8/2020)

Hetali Lodaya (6/16/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4513704/parties/b-v-snyder/


Judge(s)

Clay, Eric L. (Michigan)

Murphy, Stephen Joseph III (Michigan)

Patti, Anthony P. (Michigan)

Stranch, Jane Branstetter (Tennessee)

Attorneys(s) for Plaintiff

Anderson, Joshua E. (California)

Caminker, Evan H. (California)

Chemerinsky, Erwin (California)

Eidmann, Kathryn A. (California)

Flint, Tacy F. (Illinois)

Fogel, Lawrence P (Illinois)

Judge(s)

Clay, Eric L. (Michigan)

Murphy, Stephen Joseph III (Michigan)

Patti, Anthony P. (Michigan)

Stranch, Jane Branstetter (Tennessee)

Attorneys(s) for Plaintiff

Anderson, Joshua E. (California)

Caminker, Evan H. (California)

Chemerinsky, Erwin (California)

Eidmann, Kathryn A. (California)

Flint, Tacy F. (Illinois)

Fogel, Lawrence P (Illinois)

Haddad, Mark E. (California)

Hartz, Alisa Louise (California)

Hudson-Price, Anne M. (California)

Kelley, Michael C. (California)

Lassar, Scott (New York)

McGehee, Cary S. (Michigan)

Miller, Bruce A. (Michigan)

Notton, Suzanne Brindise (Illinois)

Phillips, Carter G (District of Columbia)

Rosenbaum, Mark Dale (California)

Wheeler, Jennifer M. (Illinois)

Attorneys(s) for Defendant

Bennett, Katherine J. (Michigan)

Harris, Toni L. (Michigan)

Haynes, Timothy J. (Michigan)

Howd, Raymond O (Michigan)

Ludwig, Jonathan S. (Michigan)

Smith, Joshua S (Michigan)

Other Attorney(s)

Brewer, Mark C. (Michigan)

Burke, James E (Ohio)

Clark, Dennis J (Michigan)

Delaney, Bria (New York)

Dell, Michael J. (New York)

Flugman, David S (New York)

Goldberg, Jerome F. (Illinois)

Hollowell, Melvin B (Michigan)

Klenow, Nicholas J (New York)

Konanova, Lena (New York)

Korobkin, Daniel S. (Michigan)

McCargo, Samuel (Michigan)

Metlitsky, Anton (New York)

Mitchell, Jenice C (Michigan)

Plochocki, Tara (District of Columbia)

Savit, Eli (Michigan)

Steinberg, Michael J (Michigan)

Strom, David J. (District of Columbia)

Stubblefield, Amanda B (Ohio)

Underwood, Jessica (New York)

Widick, Marshall J. (Michigan)

Yoder, Bryce J (Ohio)

Documents in the Clearinghouse

Document

Docket [PACER]

June 11, 2020 Docket
1

Class Action Complaint

Sept. 13, 2016 Complaint
117

Opinion and Order Granting Defendants' Motion to Dismiss [60]

Gary B v. Snyder

329 F.Supp.3d 344

July 27, 2018 Order/Opinion

Opinion

Gary B v. Whitmer

U. S. Court of Appeals for the Sixth Circuit

957 F.3d 616

April 23, 2020 Order/Opinion

Terms for Settlement Agreement and Release Between All Plaintiffs and the Governor of the State of Michigan

Gary B v. Whitmer

No Court

May 13, 2020 Settlement Agreement

Resources

Title Description External URL

Gary B. v. Snyder

Right to Literacy Detroit

Gary B. v. Snyder is the first federal case in the nation to seek to vindicate the right of all students to access to literacy, no matter their zip code. The case has been filed by Public Counsel an… Jan. 1, 2016 https://www.detroit-accesstoliteracy.org/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4513704/b-v-snyder/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed by Jaime R., Jessie K., Gary B., Paul M., Christopher R., Isaias R., Esmeralda V. against John C. Austin, Natasha Baker, David B. Behan, Michelle Fecteau, Pamela Pugh, Lupe Ramos-Montigny, Richard D. Snyder, Kathleen N. Straus, Casandra E. Ulbrich, Eileen Weiser, Brian J. Whiston, Richard Zeile. Plaintiff requests summons issued. Receipt No: 0645-5866259 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Wheeler, Jennifer) Modified on 9/13/2016 (DWor). [RELATED CASE NO: 16-cv-10400 - JUDGE DAVID M. LAWSON] (Entered: 09/13/2016)

Sept. 13, 2016 RECAP
2

NOTICE of Appearance by Jennifer M. Wheeler on behalf of Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V.. (Wheeler, Jennifer) (Entered: 09/13/2016)

Sept. 13, 2016 PACER
3

NOTICE of Appearance by Bruce A. Miller on behalf of Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V.. (Miller, Bruce) (Entered: 09/13/2016)

Sept. 13, 2016 PACER
4

MOTION to Seal by Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V.. (Wheeler, Jennifer) (Entered: 09/13/2016)

Sept. 13, 2016 PACER
5

Ex Parte MOTION for Protective Order Permitting Plaintiffs To Proceed Under Pseudonyms by Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V.. (Attachments: # 1 Declaration of Kathryn A. Eidmann) (Wheeler, Jennifer) (Entered: 09/13/2016)

1 Declaration of Kathryn A. Eidmann

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Sept. 13, 2016 PACER
6

PETITION For Appointment Of Guardian Ad Litem (Ex Parte) by Isaias R.. (Attachments: # 1 Declaration OF Isaias R., # 2 Declaration of Escarle R.) (Wheeler, Jennifer) (Entered: 09/13/2016)

1 Declaration OF Isaias R.

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2 Declaration of Escarle R.

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Sept. 13, 2016 RECAP
7

PETITION For Appointment of Guardian Ad Litem (Ex Parte) by Christopher R.. (Attachments: # 1 Declaration of Christopher R., # 2 Declaration of Escarle R.) (Wheeler, Jennifer) (Entered: 09/13/2016)

1 Declaration of Christopher R.

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2 Declaration of Escarle R.

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Sept. 13, 2016 PACER
8

PETITION For Appointment of Guardian Ad Litem (Ex Parte) by Jessie K.. (Attachments: # 1 Declaration of Jessie K., # 2 Declaration of Yvette K.) (Wheeler, Jennifer) (Entered: 09/13/2016)

1 Declaration of Jessie K.

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2 Declaration of Yvette K.

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Sept. 13, 2016 PACER
9

PETITION For Appointment of Guardian Ad Litem (Ex Parte) by Esmeralda V.. (Attachments: # 1 Declaration of Esmeralda V., # 2 Declaration of Laura V.) (Wheeler, Jennifer) (Entered: 09/13/2016)

1 Declaration of Esmeralda V.

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2 Declaration of Laura V.

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Sept. 13, 2016 PACER
10

PETITION For Appointment of Guardian Ad Litem (Ex Parte) by Jaime R.. (Attachments: # 1 Declaration of Jaime R., # 2 Declaration of Karen R.) (Wheeler, Jennifer) (Entered: 09/13/2016)

1 Declaration of Jaime R.

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2 Declaration of Karen R.

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Sept. 13, 2016 PACER
11

SUMMONS Issued for * All Defendants * (DWor) (Entered: 09/13/2016)

Sept. 13, 2016 PACER
12

CERTIFICATE of Service/Summons Returned Executed. Brian J. Whiston served on 9/15/2016, answer due 10/6/2016. (Wheeler, Jennifer) (Entered: 09/20/2016)

Sept. 20, 2016 PACER
13

CERTIFICATE of Service/Summons Returned Executed. Casandra E. Ulbrich served on 9/15/2016, answer due 10/6/2016. (Wheeler, Jennifer) (Entered: 09/20/2016)

Sept. 20, 2016 PACER
14

CERTIFICATE of Service/Summons Returned Executed. Eileen Weiser served on 9/15/2016, answer due 10/6/2016. (Wheeler, Jennifer) (Entered: 09/20/2016)

Sept. 20, 2016 PACER
15

CERTIFICATE of Service/Summons Returned Executed. John C. Austin served on 9/15/2016, answer due 10/6/2016. (Wheeler, Jennifer) (Entered: 09/20/2016)

Sept. 20, 2016 PACER
16

CERTIFICATE of Service/Summons Returned Executed. Kathleen N. Straus served on 9/15/2016, answer due 10/6/2016. (Wheeler, Jennifer) (Entered: 09/20/2016)

Sept. 20, 2016 PACER
17

CERTIFICATE of Service/Summons Returned Executed. Lupe Ramos-Montigny served on 9/15/2016, answer due 10/6/2016. (Wheeler, Jennifer) (Entered: 09/20/2016)

Sept. 20, 2016 PACER
18

CERTIFICATE of Service/Summons Returned Executed. Michelle Fecteau served on 9/15/2016, answer due 10/6/2016. (Wheeler, Jennifer) (Entered: 09/20/2016)

Sept. 20, 2016 PACER
19

CERTIFICATE of Service/Summons Returned Executed. Natasha Baker served on 9/15/2016, answer due 10/6/2016. (Wheeler, Jennifer) (Entered: 09/20/2016)

Sept. 20, 2016 PACER
20

CERTIFICATE of Service/Summons Returned Executed. Pamela Pugh served on 9/15/2016, answer due 10/6/2016. (Wheeler, Jennifer) (Entered: 09/20/2016)

Sept. 20, 2016 PACER
21

CERTIFICATE of Service/Summons Returned Executed. Richard D. Snyder served on 9/15/2016, answer due 10/6/2016. (Wheeler, Jennifer) (Entered: 09/20/2016)

Sept. 20, 2016 PACER
22

CERTIFICATE of Service/Summons Returned Executed. Richard Zeile served on 9/15/2016, answer due 10/6/2016. (Wheeler, Jennifer) (Entered: 09/20/2016)

Sept. 20, 2016 PACER
23

NOTICE of Appearance by Timothy J. Haynes on behalf of All Defendants. (Haynes, Timothy) (Entered: 09/26/2016)

Sept. 26, 2016 PACER
24

NOTICE of Appearance by Katherine J. Bennett on behalf of All Defendants. (Bennett, Katherine) (Entered: 09/26/2016)

Sept. 26, 2016 PACER
25

NOTICE of Appearance by Joshua S. Smith on behalf of All Defendants. (Smith, Joshua) (Entered: 09/26/2016)

Sept. 26, 2016 PACER
26

NOTICE of Appearance by Joshua E. Anderson on behalf of Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V.. (Anderson, Joshua) (Entered: 09/27/2016)

Sept. 27, 2016 PACER
27

ORDER to issue an amended summons to defendant David B. Behen to correct the case docket. Signed by District Judge Stephen J. Murphy, III. (DPer) (Entered: 10/03/2016)

Oct. 3, 2016 PACER
28

SUMMONS Issued for *David B. Behen* (DPer) (Entered: 10/03/2016)

Oct. 3, 2016 PACER
29

NOTICE of Appearance by Carter Glasgow Phillips on behalf of All Plaintiffs. (Phillips, Carter) (Entered: 10/05/2016)

Oct. 5, 2016 PACER
30

NOTICE of Appearance by Michael C. Kelley on behalf of All Plaintiffs. (Kelley, Michael) (Entered: 10/05/2016)

Oct. 5, 2016 PACER
31

STIPULATED ORDER to Extend Time for Defendants to File Responsive Pleadings and Increase Page Limitations. Signed by District Judge Stephen J. Murphy, III. (CCoh) (Entered: 10/06/2016)

Oct. 6, 2016 PACER
32

NOTICE of Appearance by Mark Dale Rosenbaum on behalf of Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V.. (Rosenbaum, Mark) (Entered: 10/07/2016)

Oct. 7, 2016 PACER
33

NOTICE of Appearance by Kathryn Ann Eidmann on behalf of Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V.. (Eidmann, Kathryn) (Entered: 10/07/2016)

Oct. 7, 2016 PACER
34

NOTICE of Appearance by Alisa l. Hartz on behalf of Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V.. (Hartz, Alisa) (Entered: 10/07/2016)

Oct. 7, 2016 PACER
35

ORDER Granting 4 Motion to Seal; and Granting 5 Motion for Protective Order. Signed by District Judge Stephen J. Murphy, III. (CCoh) (Entered: 10/13/2016)

Oct. 13, 2016 PACER
36

SEALED Unredacted Declaration of Kathryn A. Eidmann re 5 Ex Parte MOTION for Protective Order Permitting Plaintiffs To Proceed Under Pseudonyms by Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V.. (Wheeler, Jennifer) (Entered: 10/14/2016)

Oct. 14, 2016 PACER
37

SEALED Unredacted Declaration of Isaias R. re 6 Petition by Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V.. (Wheeler, Jennifer) (Entered: 10/14/2016)

Oct. 14, 2016 PACER
38

SEALED Unredacted Declaration of Escarle R. re 6 Petition by Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V.. (Wheeler, Jennifer) (Entered: 10/14/2016)

Oct. 14, 2016 PACER
39

SEALED Unredacted Declaration of Cristopher R. re 7 Petition by Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V.. (Wheeler, Jennifer) (Entered: 10/14/2016)

Oct. 14, 2016 PACER
40

SEALED Unredacted Declaration of Escarle R. re 7 Petition by Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V.. (Wheeler, Jennifer) (Entered: 10/14/2016)

Oct. 14, 2016 PACER
41

SEALED Unredacted Declaration of Jessie K. re 8 Petition by Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V.. (Wheeler, Jennifer) (Entered: 10/14/2016)

Oct. 14, 2016 PACER
42

SEALED Unredacted Declaration of Yvette K. re 8 Petition by Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V.. (Wheeler, Jennifer) (Entered: 10/14/2016)

Oct. 14, 2016 PACER
43

SEALED Unredacted Declaration of Esmeralda V. re 9 Petition by Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V.. (Wheeler, Jennifer) (Entered: 10/14/2016)

Oct. 14, 2016 PACER
44

SEALED Unredacted Declaration of Laura V. re 9 Petition by Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V.. (Wheeler, Jennifer) (Entered: 10/14/2016)

Oct. 14, 2016 PACER
45

SEALED Unredacted Declaration of Jaime R. re 10 Petition by Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V.. (Wheeler, Jennifer) (Entered: 10/14/2016)

Oct. 14, 2016 PACER
46

SEALED Unredacted Declaration of Karen R. re 10 Petition by Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V.. (Wheeler, Jennifer) (Entered: 10/14/2016)

Oct. 14, 2016 PACER
47

DECLARATION by Kathryn A. Eidmann (Redacted) In Support Of Plaintiffs Ex Parte Motion For Protective Order Permitting Plaintiffs To Proceed Under Pseudonyms filed by Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V. (Wheeler, Jennifer) (Entered: 10/14/2016)

Oct. 14, 2016 PACER
48

DECLARATION by Isaias R. (Redacted) re 6 Petition filed by Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V. (Wheeler, Jennifer) (Entered: 10/14/2016)

Oct. 14, 2016 PACER
49

DECLARATION by Escarle R. (Redacted) re 6 Petition filed by Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V. (Wheeler, Jennifer) (Entered: 10/14/2016)

Oct. 14, 2016 PACER
50

DECLARATION by Cristopher R. (Redacted) re 7 Petition filed by Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V. (Wheeler, Jennifer) (Entered: 10/14/2016)

Oct. 14, 2016 PACER
51

DECLARATION by Escarle R. (Redacted) re 7 Petition filed by Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V. (Wheeler, Jennifer) (Entered: 10/14/2016)

Oct. 14, 2016 PACER
52

DECLARATION by Jessie K. (Redacted) re 8 Petition filed by Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V. (Wheeler, Jennifer) (Entered: 10/14/2016)

Oct. 14, 2016 PACER
53

DECLARATION by Yvette K. (Redacted) re 8 Petition filed by Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V. (Wheeler, Jennifer) (Entered: 10/14/2016)

Oct. 14, 2016 PACER
54

DECLARATION by Esmeralda V. (Redacted) re 9 Petition filed by Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V. (Wheeler, Jennifer) (Entered: 10/14/2016)

Oct. 14, 2016 PACER
55

DECLARATION by Laura V. (Redacted) re 9 Petition filed by Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V. (Wheeler, Jennifer) (Entered: 10/14/2016)

Oct. 14, 2016 PACER
56

DECLARATION by Jaime R. (Redacted) re 10 Petition filed by Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V. (Wheeler, Jennifer) (Entered: 10/14/2016)

Oct. 14, 2016 PACER
57

DECLARATION by Karen R. (Redacted) re 10 Petition filed by Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V. (Wheeler, Jennifer) (Entered: 10/14/2016)

Oct. 14, 2016 PACER
58

NOTICE of Appearance by Mark Edmonde Haddad on behalf of All Plaintiffs. (Haddad, Mark) (Entered: 10/25/2016)

Oct. 25, 2016 PACER
59

NOTICE of Appearance by Tacy F. Flint on behalf of Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V.. (Flint, Tacy) (Entered: 10/26/2016)

Oct. 26, 2016 PACER
60

MOTION to Dismiss and Brief in Support by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12) (Haynes, Timothy) (Entered: 11/17/2016)

1 Index of Exhibits

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

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Nov. 17, 2016 RECAP
61

STIPULATED ORDER to Increase Page Limitations. Signed by District Judge Stephen J. Murphy, III. (DPar) (Entered: 01/09/2017)

Jan. 9, 2017 PACER
62

ORDER Granting Plaintiffs' Ex Parte Motions for Appointment of Guardians Ad Litem re 6, 7, 8, 9, 10 Petition. Signed by District Judge Stephen J. Murphy, III. (DPar) (Entered: 01/10/2017)

Jan. 10, 2017 PACER
63

MOTION for Leave to File a Brief Amicus Curiae in Support of Plaintiffs' Complaint by American Federation of Teachers, AFL-CIO. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Proposed Amicus Curiae Brief of AFT, # 3 Exhibit B - Dow Chemical Co v. United States) (Widick, Marshall) (Entered: 01/12/2017)

1 Index of Exhibits

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2 Exhibit A - Proposed Amicus Curiae Brief of AFT

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3 Exhibit B - Dow Chemical Co v. United States

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Jan. 12, 2017 PACER
64

RESPONSE to 60 MOTION to Dismiss and Brief in Support filed by Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V.. (Flint, Tacy) (Entered: 01/12/2017)

Jan. 12, 2017 RECAP
65

ATTORNEY APPEARANCE: Dennis J. Clark appearing on behalf of Kappa Delta Pi, International Literacy Association, National Association for Multicultural Education (Clark, Dennis) (Entered: 01/12/2017)

Jan. 12, 2017 PACER
66

MOTION for Leave to File as Amici Curiae a Brief in Opposition to Defendants' Motion to Dismiss by International Literacy Association, Kappa Delta Pi, National Association for Multicultural Education. (Attachments: # 1 Exhibit A - Brief of Kappa Delta Pi, the International Literacy Association, and the National Association for Multicultural Education as Amici Curiae in Opposition to Defendants' Motion to Dismiss) (Clark, Dennis) (Entered: 01/12/2017)

1 Exhibit A - Brief of Kappa Delta Pi, the International Literacy Association, and

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Jan. 12, 2017 PACER
67

NOTICE of Appearance by Cary S. McGehee on behalf of All Plaintiffs. (McGehee, Cary) (Entered: 01/13/2017)

Jan. 13, 2017 PACER
68

MOTION for Leave to File Brief of Amici Curiae Michigan Education Law and Policy Professors in Opposition to Defendants' Motion to Dismiss by All Plaintiffs. (McGehee, Cary) (Entered: 01/13/2017)

Jan. 13, 2017 PACER
69

NOTICE of Appearance by Cary S. McGehee on behalf of Michigan Education Law and Policy Professors. (McGehee, Cary) (Entered: 01/13/2017)

Jan. 13, 2017 PACER
70

MOTION for Leave to File Brief of Amici Curiae Michigan Education Law and Policy Professors in Opposition to Defendants' Motion to Dismiss by Michigan Education Law and Policy Professors. (McGehee, Cary) (Entered: 01/13/2017)

Jan. 13, 2017 PACER
71

RESPONSE to 60 MOTION to Dismiss and Brief in Support filed by Michigan Education Law and Policy Professors. (McGehee, Cary) (Entered: 01/13/2017)

Jan. 13, 2017 PACER
72

NOTICE of Appearance by Eli Savit on behalf of The City of Detroit. (Savit, Eli) (Entered: 01/19/2017)

Jan. 19, 2017 PACER
73

NOTICE of Appearance by Anton Metlitsky on behalf of The City of Detroit. (Metlitsky, Anton) (Entered: 01/19/2017)

Jan. 19, 2017 PACER
74

MOTION of Local Counsel for Out-Of-State Counsel To Appear As Attorneys For Proposed Amicus Curiae The City Of Detroit (UNOPPOSED) by The City of Detroit. (Attachments: # 1 Affidavit of Bradley N. Garcia, # 2 Affidavit of James W. Crooks, # 3 Affidavit of Samantha M. Goldstein) (Savit, Eli) (Entered: 01/19/2017)

1 Affidavit of Bradley N. Garcia

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2 Affidavit of James W. Crooks

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3 Affidavit of Samantha M. Goldstein

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Jan. 19, 2017 PACER
75

MOTION for Leave to File A Brief As Amicus Curiae In Support Of Plaintiffs' Response In Opposition to Defendants' Motion To Dismiss (UNOPPOSED) by The City of Detroit. (Attachments: # 1 Exhibit A - Amicus Brief) (Savit, Eli) (Entered: 01/19/2017)

1 Exhibit A - Amicus Brief

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Jan. 19, 2017 PACER
76

ATTORNEY APPEARANCE: Melvin J. Hollowell, Jr appearing on behalf of The City of Detroit (Hollowell, Melvin) (Entered: 01/19/2017)

Jan. 19, 2017 PACER
77

NOTICE of Appearance by Mark C. Brewer on behalf of 482Forward. (Brewer, Mark) (Entered: 01/19/2017)

Jan. 19, 2017 PACER
78

MOTION for Leave to File A Brief of Amicus Curiae In Support Of Plaintiffs by 482Forward. (Brewer, Mark) (Entered: 01/19/2017)

Jan. 19, 2017 PACER
79

NOTICE of Appearance by Jonathan S. Ludwig on behalf of All Defendants. (Ludwig, Jonathan) (Entered: 01/20/2017)

Jan. 20, 2017 PACER
80

RESPONSE to 66 MOTION for Leave to File a Brief Amicus Curiae in Support of Plaintiffs' Complaint filed by All Defendants. (Haynes, Timothy) Modified on 1/24/2017 (LGra). (Entered: 01/24/2017)

Jan. 24, 2017 PACER
81

RESPONSE to 66 MOTION for Leave to File as Amici Curiae a Brief in Opposition to Defendants' Motion to Dismiss filed by John C. Austin, Natasha Baker, David B. Behan, David B. Behen, Michelle Fecteau, Pamela Pugh, Lupe Ramos-Montigny, Richard D. Snyder, Kathleen N. Straus, Casandra E. Ulbrich, Eileen Weiser, Brian J. Whiston, Richard Zeile. (Haynes, Timothy) (Entered: 01/24/2017)

Jan. 24, 2017 PACER
82

RESPONSE to 63 MOTION for Leave to File a Brief Amicus Curiae in Support of Plaintiffs' Complaint filed by All Defendants. (Haynes, Timothy) (Entered: 01/24/2017)

Jan. 24, 2017 PACER
83

RESPONSE to 75 MOTION for Leave to File A Brief As Amicus Curiae In Support Of Plaintiffs' Response In Opposition to Defendants' Motion To Dismiss (UNOPPOSED) filed by All Defendants. (Haynes, Timothy) (Entered: 01/25/2017)

Jan. 25, 2017 PACER
84

RESPONSE to 78 MOTION for Leave to File A Brief of Amicus Curiae In Support Of Plaintiffs filed by All Defendants. (Haynes, Timothy) (Entered: 01/25/2017)

Jan. 25, 2017 PACER
85

RESPONSE to 70 MOTION for Leave to File Brief of Amici Curiae Michigan Education Law and Policy Professors in Opposition to Defendants' Motion to Dismiss filed by All Defendants. (Haynes, Timothy) (Entered: 01/25/2017)

Jan. 25, 2017 PACER
86

Notice of E-mail Delivery Failure as to attorney Melvin J. Hollowell, Jr. Bounced NEF for 79 Notice of Appearance, 77 Notice of Appearance, 76 Attorney Appearance, 78 MOTION for Leave to File A Brief of Amicus Curiae In Support Of Plaintiffs. (SSch) (Entered: 01/30/2017)

Jan. 30, 2017 PACER
87

ORDER Granting 63, 66, 68, 70, 75, 78 MOTION for Leave to File; Granting 74 MOTION to Allow Out-of-State Counsel. Signed by District Judge Stephen J. Murphy, III. (DPar) (Entered: 01/30/2017)

Jan. 30, 2017 PACER
88

Amicus Curiae BRIEF by American Federation of Teachers, AFL-CIO (Widick, Marshall) (Entered: 01/31/2017)

Jan. 31, 2017 RECAP
89

NOTICE by The City of Detroit re 87 Order on Motion for Leave to File,,,, Order on Motion - Free,, (Notice of Appearance of Bradley N. Garcia) (Metlitsky, Anton) (Entered: 01/31/2017)

Jan. 31, 2017 PACER
90

NOTICE by The City of Detroit re 87 Order on Motion for Leave to File,,,, Order on Motion - Free,, (Notice of Appearance of James W. Crooks) (Metlitsky, Anton) (Entered: 01/31/2017)

Jan. 31, 2017 PACER
91

NOTICE by The City of Detroit re 87 Order on Motion for Leave to File,,,, Order on Motion - Free,, (Notice of Appearance of Samantha M. Goldstein) (Metlitsky, Anton) (Entered: 01/31/2017)

Jan. 31, 2017 PACER
92

Amicus Curiae BRIEF by The City of Detroit (Metlitsky, Anton) (Entered: 01/31/2017)

Jan. 31, 2017 RECAP
93

Amicus Curiae BRIEF by 482Forward (Brewer, Mark) (Entered: 01/31/2017)

Jan. 31, 2017 RECAP
94

Amicus Curiae BRIEF by International Literacy Association, Kappa Delta Pi, National Association for Multicultural Education (Clark, Dennis) (Entered: 02/02/2017)

Feb. 2, 2017 RECAP
95

RESPONSE to 60 MOTION to Dismiss and Brief in Support filed by Michigan Education Law and Policy Professors. (McGehee, Cary) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
96

REPLY to Response re 60 MOTION to Dismiss and Brief in Support filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exb 1, # 3 Exhibit Exb 2, # 4 Exhibit Exb 3) (Haynes, Timothy) (Entered: 02/02/2017)

1 Index of Exhibits

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2 Exhibit Exb 1

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3 Exhibit Exb 2

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4 Exhibit Exb 3

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Feb. 2, 2017 PACER
97

Notice of E-mail Delivery Failure as to attorney Melvin J. Hollowell, Jr. Bounced NEF for 93 Amicus Curiae Brief, 88 Amicus Curiae Brief, 80 Response to Motion, 84 Response to Motion, 90 Notice (Other), 92 Amicus Curiae Brief, 89 Notice (Other), 87 Order on Motion for Leave to File,,,, Order on Motion - Free,, 81 Response to Motion, 85 Response to Motion, 94 Amicus Curiae Brief, 83 Response to Motion, 82 Response to Motion, 91 Notice (Other). (SSch) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
98

MOTION for Leave to File Brief as Amica Curiae by The Skillman Foundation. (McCargo, Samuel) (Entered: 03/09/2017)

March 9, 2017 PACER
99

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by The Skillman Foundation identifying Corporate Parent Skillman Foundation for The Skillman Foundation. (Attachments: # 1 Document Continuation, # 2 Document Continuation) (McCargo, Samuel) (Entered: 03/09/2017)

1 Document Continuation

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2 Document Continuation

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March 9, 2017 PACER
100

ORDER Granting 98 MOTION for Leave to File as Amicae Curiae Brief. Signed by District Judge Stephen J. Murphy, III. (DPar) (Entered: 03/13/2017)

March 13, 2017 RECAP

State / Territory: Michigan

Case Type(s):

Education

Key Dates

Filing Date: Sept. 13, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are seven school children in Michigan who attend schools that have histories of poor performance.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Public Counsel

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Governor of Michigan, State

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $280,000

Order Duration: 2020 - None

Content of Injunction:

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

Reporting

Issues

General:

Staff (number, training, qualifications, wages)

Discrimination-basis:

Race discrimination

Race:

Black

Type of Facility:

Government-run