Case: Gary B. v. Snyder

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

Filed Date: Sept. 13, 2016

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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. Background The plaintiffs were students at five of Detroit’s lowest performing schools: Hamilton Academy, Experiencia Preparatory Academy, Medicine …

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 plaintiffs sought certification as a class consisting of current and future students at these schools. 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 and Title VI of the Civil Rights Act of 1964. 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 of $40,000 to each of the seven student plaintiffs to further their education, another $2.72 million in 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 at least $94.4M of 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.

In July 2023, the state legislature allocated the $94.4 million to the Detroit Public Schools Community District in the state’s K-12 school aid budget promised by Governor Whitmer in the terms of the settlement agreement. Two task forces were also established to address literacy and educational challenges in Detroit. The Detroit Literacy Equity Task Force started hosting a series of initial and public meetings to get input on how the money should be spent, with recommendations due to the school board by June 30, 2024.


2:16-cv-13292	Docket [PACER]	June 11, 2020	June 11, 2020 Docket
1 2:16-cv-13292	Class Action Complaint	Sept. 13, 2016	Sept. 13, 2016 Complaint
117 2:16-cv-13292	Opinion and Order Granting Defendants' Motion to Dismiss [60] Gary B v. Snyder	July 27, 2018	July 27, 2018 Order/Opinion 329 F.Supp.3d 344
2:16-cv-13292 18-01855 18-01871	Opinion Gary B v. Whitmer U.S. Court of Appeals for the Sixth Circuit	April 23, 2020	April 23, 2020 Order/Opinion 957 F.3d 616
	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	May 13, 2020 Settlement Agreement

ECF Number	Date	Description	Link
1	Sept. 13, 2016	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)	RECAP
2	Sept. 13, 2016	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)	RECAP
3	Sept. 13, 2016	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)	RECAP
4	Sept. 13, 2016	MOTION to Seal by Gary B., Jessie K., Paul M., Christopher R., Isaias R., Jaime R., Esmeralda V.. (Wheeler, Jennifer) (Entered: 09/13/2016)	RECAP
5	Sept. 13, 2016	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 View on PACER	RECAP
6	Sept. 13, 2016	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. View on RECAP 2 Declaration of Escarle R. View on RECAP	RECAP
7	Sept. 13, 2016	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. View on PACER 2 Declaration of Escarle R. View on PACER	RECAP
8	Sept. 13, 2016	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. View on PACER 2 Declaration of Yvette K. View on PACER	RECAP
9	Sept. 13, 2016	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. View on PACER 2 Declaration of Laura V. View on PACER	RECAP
10	Sept. 13, 2016	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. View on PACER 2 Declaration of Karen R. View on PACER	RECAP
11	Sept. 13, 2016	SUMMONS Issued for * All Defendants * (DWor) (Entered: 09/13/2016)	RECAP
12	Sept. 20, 2016	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)	RECAP
13	Sept. 20, 2016	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)	RECAP
14	Sept. 20, 2016	CERTIFICATE of Service/Summons Returned Executed. Eileen Weiser served on 9/15/2016, answer due 10/6/2016. (Wheeler, Jennifer) (Entered: 09/20/2016)	RECAP
15	Sept. 20, 2016	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)	RECAP
16	Sept. 20, 2016	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)	RECAP
17	Sept. 20, 2016	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)	RECAP
18	Sept. 20, 2016	CERTIFICATE of Service/Summons Returned Executed. Michelle Fecteau served on 9/15/2016, answer due 10/6/2016. (Wheeler, Jennifer) (Entered: 09/20/2016)	RECAP
19	Sept. 20, 2016	CERTIFICATE of Service/Summons Returned Executed. Natasha Baker served on 9/15/2016, answer due 10/6/2016. (Wheeler, Jennifer) (Entered: 09/20/2016)	RECAP
20	Sept. 20, 2016	CERTIFICATE of Service/Summons Returned Executed. Pamela Pugh served on 9/15/2016, answer due 10/6/2016. (Wheeler, Jennifer) (Entered: 09/20/2016)	RECAP
21	Sept. 20, 2016	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)	RECAP
22	Sept. 20, 2016	CERTIFICATE of Service/Summons Returned Executed. Richard Zeile served on 9/15/2016, answer due 10/6/2016. (Wheeler, Jennifer) (Entered: 09/20/2016)	RECAP
23	Sept. 26, 2016	NOTICE of Appearance by Timothy J. Haynes on behalf of All Defendants. (Haynes, Timothy) (Entered: 09/26/2016)	RECAP
24	Sept. 26, 2016	NOTICE of Appearance by Katherine J. Bennett on behalf of All Defendants. (Bennett, Katherine) (Entered: 09/26/2016)	RECAP
25	Sept. 26, 2016	NOTICE of Appearance by Joshua S. Smith on behalf of All Defendants. (Smith, Joshua) (Entered: 09/26/2016)	RECAP
26	Sept. 27, 2016	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)	RECAP
27	Oct. 3, 2016	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)	RECAP
28	Oct. 3, 2016	SUMMONS Issued for David B. Behen (DPer) (Entered: 10/03/2016)	RECAP
29	Oct. 5, 2016	NOTICE of Appearance by Carter Glasgow Phillips on behalf of All Plaintiffs. (Phillips, Carter) (Entered: 10/05/2016)	RECAP
30	Oct. 5, 2016	NOTICE of Appearance by Michael C. Kelley on behalf of All Plaintiffs. (Kelley, Michael) (Entered: 10/05/2016)	RECAP
31	Oct. 6, 2016	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)	RECAP
32	Oct. 7, 2016	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)	RECAP
33	Oct. 7, 2016	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)	RECAP
34	Oct. 7, 2016	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)	RECAP
35	Oct. 13, 2016	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)	RECAP
36	Oct. 14, 2016	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)	RECAP
37	Oct. 14, 2016	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)	RECAP
38	Oct. 14, 2016	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)	RECAP
39	Oct. 14, 2016	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)	RECAP
40	Oct. 14, 2016	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)	RECAP

Case: Gary B. v. Snyder

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

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