Case: Antoine v. Winner School District

3:06-cv-03007 | U.S. District Court for the District of South Dakota

Filed Date: March 27, 2006

Closed Date: June 6, 2017

Clearinghouse coding complete

Case Summary

Plaintiffs, minor students, filed this class action lawsuit on March 27, 2006, against Winner School District and three of its administrators in the U.S. District Court for the District of South Dakota. Plaintiffs, who were Native American, alleged that employees of the School District engaged in a pattern or practice of intentional racial discrimination with the purpose of pushing Native American students out of the school system. Specifically, plaintiffs alleged that the School District disciplinary practices targeted Native American students by disciplining them more often and more harshly than other students, referring them to law enforcement for minor infractions, and coercing criminal confessions out of them. They also alleged that teachers and administrators tolerated and fostered a racially hostile school environment by allowing racial name-calling and bullying to occur and treating Native American parents with disrespect. As a result, Native American students were less likely to complete high school and felt demoralized at school.

Represented by the ACLU and the Rosebud Sioux Attorney General's Office, plaintiffs brought claims under the Fifth Amendment, the Due Process Clause and Equal Protection Clauses of the Fourteenth Amendment, and Title VI of the Civil Rights Act. They sought declaratory and injunctive relief pursuant to 42 U.S.C. §1983. Plaintiffs also asked the court to certify as a class all Native American students who were or would be enrolled in Winner School District's middle and high schools.

On April 28, 2006, plaintiffs submitted a motion for class certification. The parties began the discovery process in June. On October 20, 2006, Judge Charles B. Kornmann issued an order granting class certification.

After a series of mediation sessions, the parties settled and filed a proposed Settlement Agreement on May 30, 2007. A court-enforceable Consent Decree was entered by Judge Kornmann on December 10, 2007. The terms of the Consent Decree prohibited defendants from requiring any student to make a written statement ("affidavit") that could be used against him or her in legal proceedings. The Decree also required defendants to immediately notify parents after deciding to refer a student to law enforcement and to notify students of their legal right to remain silent in such a case; train School District employees on proper disciplinary procedures and the constitutional rights of students; obtain an independent expert to assist with the development of disciplinary matrices; keep accurate records of disciplinary incidents; conduct evaluations of students subjected to discipline three or more times over the course of a year; hire a Native American ombudsperson; train teachers on American Indian education and educational equity; increase its number of Native American employees; and take several other measures designed to eliminate racial discimination and create an inclusive environment for Native American students and families. Defendants were also ordered to find and appoint a Monitor to oversee and report on the implementation of the Consent Decree.

The court maintained jurisdiction for enforcement purposes. The Decree was to stay in effect until defendants had achieved and maintained compliance for four years. Finally, it awarded plaintiffs $100,000 in attorneys' fees and costs.

The first and second progress reports, filed in June and September 2008, indicated that defendants had made progress in all areas. Among other things, they had hired more Native American staff members, developed anti-bullying programming, and developed a disciplinary matrix.

On January 8, 2014, the parties proposed an Amended Consent Decree. The court granted the Amended Decree on April 28, 2014. The new agreement was very similar to the original, but required that, if the School District reached all outcome measures within the following two years, it would be released from the Agreement. If some measures were not reached within that time, the District would be formally released from having to reach those outcomes but would be required to continue a good-faith effort to do so for the following two years.

On May 31, 2017, the parties jointly filed a motion to terminate the Consent Decree after finding that defendants had met all of their obligations. Judge Kornmann formally terminated the Decree on June 6, 2017.

Summary Authors

Lauren Latterell Powell (1/11/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4746933/parties/antoine-v-winner-school-district-59-2/

Judge(s)

Attorney for Plaintiff

Bowie, Courtney A (South Dakota)

Dahlberg, Robin L. (New York)

Hanna, Dana (South Dakota)

Kim, Catherine Yonsoo (New York)

Attorney for Defendant

Frankenstein, Sara (South Dakota)

Judge(s)

Kornmann, Charles B. (South Dakota)

Attorney for Plaintiff

Bowie, Courtney A (South Dakota)

Dahlberg, Robin L. (New York)

Hanna, Dana (South Dakota)

Kim, Catherine Yonsoo (New York)

Pevar, Stephen L. (Connecticut)

Attorney for Defendant

Frankenstein, Sara (South Dakota)

Knudsen, Donald P. (South Dakota)

Trucano, Jennifer K (South Dakota)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:06-cv-03007	Docket [PACER]	June 6, 2017	June 6, 2017 Docket
1 3:06-cv-03007	Complaint Antoine v. Winner School District 59-2	March 27, 2006	March 27, 2006 Complaint
23 3:06-cv-03007	Complaint Antoine v. Winner School District 59-2	May 12, 2006	May 12, 2006 Complaint
33 3:06-cv-03007	Order and Opinion Granting Class Certifications Antoine v. Winner School District 59-2	Oct. 20, 2006	Oct. 20, 2006 Order/Opinion
56 3:06-cv-03007	Notice of Proposed Settlement of School-Discrimination Lawsuit Antoine v. Winner School District 59-2	Oct. 16, 2007	Oct. 16, 2007 Settlement Agreement
64 3:06-cv-03007	Consent Decree Antoine v. Winner School District 59-2	Dec. 10, 2007	Dec. 10, 2007 Order/Opinion
66 3:06-cv-03007	Status Report - Monitor's First Quarterly Report Antoine v. Winner School District 59-2	June 2, 2008	June 2, 2008 Pleading / Motion / Brief
68 3:06-cv-03007	Status Report - Monitor's Second Quarterly Report Antoine v. Winner School District 59-2	Sept. 10, 2008	Sept. 10, 2008 Pleading / Motion / Brief
79 3:06-cv-03007	Findings of Fact and Conclusions of Law W.I.H. and 1.LH v. Winner School District 59-2	April 29, 2014	April 29, 2014 Order/Opinion 2014 WL 1761007
81 3:06-cv-03007	Amended Consent Decree Heart v. Winner School District 59-2	Nov. 4, 2014	Nov. 4, 2014 Order/Opinion

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Antoine v. Winner School District ACLU	Filed in 2006, the ACLU's Antoine v. Winner School District class action lawsuit alleged discrimination against Native American students in the mostly-white Winner, South Dakota school district. The …	February 10, 2014	Feb. 10, 2014 https://www.aclu.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4746933/antoine-v-winner-school-district-59-2/

Last updated Aug. 27, 2026, 4:54 a.m.

Docket for: Antoine v. Winner School District 59-2

ECF Number	Date	Description	Link
1	March 27, 2006	COMPLAINT Receipt Number SDX300000202 in the amount of $ 250, filed by Mindi Felix, Jesse Milk, Deidrick Old Lodge, Jennifer Peneaux, Johnathon Scruggs, Josephine Traversie, Taylor White Buffalo, Sam Antoine, Richard Chasing Hawk, Charles Dubray.(SRN, ) (Entered: 03/27/2006)	Clearinghouse
2	March 27, 2006	CIVIL COVER SHEET (SRN, ) (Entered: 03/27/2006)	RECAP
	March 27, 2006	Filer will mail the summons form back and inform the clerk's office of the number they need. (SRN, )
3	March 29, 2006	NOTICE of Appearance by Donald P. Knudsen on behalf of all defendants (Knudsen, Donald) (Entered: 03/29/2006)	RECAP
4	March 30, 2006	Summons Issued as to Winner School District 59-2, Mary Fisher, Brian Naasz, Mike Hanson. (SRN, ) (Entered: 03/30/2006)	RECAP
5	April 4, 2006	SUMMONS Returned Executed by Mindi Felix, Jesse Milk, Deidrick Old Lodge, Jennifer Peneaux, Johnathon Scruggs, Josephine Traversie, Taylor White Buffalo, Sam Antoine, Richard Chasing Hawk, Charles Dubray. Winner School District 59-2 served on 3/31/2006, answer due 4/20/2006. (SRN) (Entered: 04/04/2006)	RECAP
6	April 4, 2006	SUMMONS Returned Executed by Mindi Felix, Jesse Milk, Deidrick Old Lodge, Jennifer Peneaux, Johnathon Scruggs, Josephine Traversie, Taylor White Buffalo, Sam Antoine, Richard Chasing Hawk, Charles Dubray. Mike Hanson served on 3/31/2006, answer due 4/20/2006. (SRN, ) (Entered: 04/04/2006)	RECAP
7	April 4, 2006	SUMMONS Returned Executed by Mindi Felix, Jesse Milk, Deidrick Old Lodge, Jennifer Peneaux, Johnathon Scruggs, Josephine Traversie, Taylor White Buffalo, Sam Antoine, Richard Chasing Hawk, Charles Dubray. Mary Fisher served on 3/31/2006, answer due 4/20/2006. (SRN, ) (Entered: 04/04/2006)	RECAP
8	April 4, 2006	SUMMONS Returned Executed by Mindi Felix, Jesse Milk, Deidrick Old Lodge, Jennifer Peneaux, Johnathon Scruggs, Josephine Traversie, Taylor White Buffalo, Sam Antoine, Richard Chasing Hawk, Charles Dubray. Brian Naasz served on 3/31/2006, answer due 4/20/2006. (SRN, ) (Entered: 04/04/2006)	RECAP
	April 4, 2006	SUMMONS (Defendant(s)) Served (SRN, )
9	April 17, 2006	MOTION for attorney Catherine Kim to Appear Pro Hac Vice by Mindi Felix, Jesse Milk, Deidrick Old Lodge, Jennifer Peneaux, Johnathon Scruggs, Josephine Traversie, Taylor White Buffalo, Sam Antoine, Richard Chasing Hawk, Charles Dubray. (Attachments: # 1 Text of Proposed Order)(JAB) (Entered: 04/17/2006)	RECAP
10	April 17, 2006	MOTION for attorney Robin Dahlberg to Appear Pro Hac Vice by Mindi Felix, Jesse Milk, Deidrick Old Lodge, Jennifer Peneaux, Johnathon Scruggs, Josephine Traversie, Taylor White Buffalo, Sam Antoine, Richard Chasing Hawk, Charles Dubray. (Attachments: # 1 Text of Proposed Order)(JAB) (Entered: 04/17/2006)	RECAP
11	April 18, 2006	ORDER TO ADMIT PRO HAC VICE granting 9 Motion for Attorney Catherine Kim to appear Pro Hac Vice, granting 10 Motion for Attorney Robin Dahlberg to appear Pro Hac Vice. Signed by Judge Charles B. Kornmann on 4/18/06. (JAB) (Entered: 04/18/2006)	RECAP
13	April 20, 2006	ANSWER to Complaint with Jury Demand by Winner School District 59-2, Mary Fisher, Brian Naasz, Mike Hanson.(Knudsen, Donald) (Entered: 04/20/2006)	RECAP
14	April 21, 2006	ORDER For Form 35 Report and Scheduling Information. Signed by Judge Charles B. Kornmann on 4/21/06. (JAB) (Entered: 04/21/2006)	RECAP
16	April 21, 2006	MEMORANDUM LETTER re: instructions for future filingsSigned by Judge Charles B. Kornmann on April 21, 2006. (DLC) (Entered: 04/24/2006)	RECAP
17	April 24, 2006	PRO HAC VICE fee paid by Catherine Y. Kim and Robin L. Dahlberg (SLL, ) (Entered: 04/24/2006)	RECAP
18	April 28, 2006	MOTION for Class Certification by Mindi Felix, Jesse Milk, Deidrick Old Lodge, Jennifer Peneaux, Johnathon Scruggs, Josephine Traversie, Taylor White Buffalo, Sam Antoine, Richard Chasing Hawk, Charles Dubray. (Attachments: # 1 Text of Proposed Order)(JAB) (Entered: 04/28/2006)	RECAP
19	April 28, 2006	MEMORANDUM OF LAW in Support of 18 MOTION for Class Certification filed by Mindi Felix, Jesse Milk, Deidrick Old Lodge, Jennifer Peneaux, Johnathon Scruggs, Josephine Traversie, Taylor White Buffalo, Sam Antoine, Richard Chasing Hawk, Charles Dubray. (JAB) (Entered: 04/28/2006)	RECAP
20	May 5, 2006	NOTICE of Appearance by Catherine Yonsoo Kim on behalf of Mindi Felix, Jesse Milk, Deidrick Old Lodge, Jennifer Peneaux, Johnathon Scruggs, Josephine Traversie, Taylor White Buffalo, Sam Antoine, Richard Chasing Hawk, Charles Dubray (DLC) (Entered: 05/05/2006)	RECAP
21	May 5, 2006	NOTICE of Appearance by Robin Lee Dahlberg on behalf of Mindi Felix, Jesse Milk, Deidrick Old Lodge, Jennifer Peneaux, Johnathon Scruggs, Josephine Traversie, Taylor White Buffalo, Sam Antoine, Richard Chasing Hawk, Charles Dubray (DLC) (Entered: 05/05/2006)	RECAP
22	May 10, 2006	AMENDED ANSWER to 1 Complaint, by Winner School District 59-2, Mary Fisher, Brian Naasz, Mike Hanson. (Knudsen, Donald) (Entered: 05/10/2006)	RECAP
23	May 12, 2006	CORRECTED COMPLAINT, filed by Mindi Felix, Jesse Milk, Deidrick Old Lodge, Jennifer Peneaux, Johnathon Scruggs, Josephine Traversie, Taylor White Buffalo, Sam Antoine, Richard Chasing Hawk, Charles Dubray. (Attachments: # 1 Letter)(SRN, ) (Entered: 05/12/2006)	Clearinghouse
24	May 22, 2006	NOTICE of Appearance by Sara Frankenstein on behalf of Winner School District 59-2, Mary Fisher, Brian Naasz, Mike Hanson (Frankenstein, Sara) (Entered: 05/22/2006)	RECAP
25	May 22, 2006	RESPONSE to Motion re 18 MOTION for Leave to for Class Certification filed by Winner School District 59-2, Mary Fisher, Brian Naasz, Mike Hanson. (Frankenstein, Sara) (Entered: 05/22/2006)	RECAP
26	June 1, 2006	REPORT of Rule 26(f) Planning Meeting. (Frankenstein, Sara) (Entered: 06/01/2006)	RECAP
27	June 1, 2006	MOTION to Amend/Correct 22 Amended Answer to Complaint by Winner School District 59-2, Mary Fisher, Brian Naasz, Mike Hanson. (Attachments: # 1 Second Amended Answer)(Frankenstein, Sara) (Entered: 06/01/2006)	RECAP
28	June 2, 2006	ORDER granting 27 Motion to Amend Answer. Signed by Judge Charles B. Kornmann on June 2, 2006. (DLC) (Entered: 06/02/2006)	RECAP
29	June 2, 2006	RULE 16 SCHEDULING ORDER: Discovery due by 2/16/2007. Motions due by 3/19/2007. Pretrial Conference and Motions Hearing set for 6/1/2007 at 1:00 PM in PR Courtroom 1 before Charles B. Kornmann. Signed by Judge Charles B. Kornmann on June 2, 2006. (DLC) (Entered: 06/02/2006)	RECAP
31	June 8, 2006	Second Amended ANSWER to Amended Complaint by Winner School District 59-2, Mary Fisher, Brian Naasz, Mike Hanson.(Frankenstein, Sara) (Entered: 06/08/2006)	RECAP
32	July 26, 2006	MEMORANDUM LETTER re: class action Signed by Judge Charles B. Kornmann on 7/26/06. (SRN, ) (Entered: 07/27/2006)	RECAP
33	Oct. 20, 2006	ORDER AND OPINION GRANTING CLASS CERTIFICATION 18 . Signed by Judge Charles B. Kornmann on October 19, 2006. (DLC) (Entered: 10/20/2006)	Clearinghouse
35	Nov. 16, 2006	First MOTION to Compel Discovery and Extend Discovery Deadlines by Winner School District 59-2, Mary Fisher, Brian Naasz, Mike Hanson. (Knudsen, Donald) (Entered: 11/16/2006)	RECAP
36	Nov. 16, 2006	MOTION to Extend by Winner School District 59-2, Mary Fisher, Brian Naasz, Mike Hanson. (Frankenstein, Sara) (Entered: 11/16/2006)	RECAP
37	Nov. 16, 2006	MEMORANDUM in Support re 36 MOTION to Extend filed by Winner School District 59-2, Mary Fisher, Brian Naasz, Mike Hanson. (Frankenstein, Sara) (Entered: 11/16/2006)	RECAP
38	Nov. 16, 2006	MEMORANDUM in Support re 35 First MOTION to Compel Discovery and Extend Discovery Deadlines filed by Winner School District 59-2, Mary Fisher, Brian Naasz, Mike Hanson. (Attachments: # 1 Exhibit A - May 31, 2006, correspondence# 2 Exhibit B - Defendants' discovery responses)(Knudsen, Donald) (Entered: 11/16/2006)	RECAP
39	Nov. 16, 2006	PROPOSED ORDER by Winner School District 59-2, Mary Fisher, Brian Naasz, Mike Hanson re 35 First MOTION to Compel Discovery and Extend Discovery Deadlines. (Knudsen, Donald) (Entered: 11/16/2006)	RECAP
40	Nov. 21, 2006	ORDER Granting 35 Motion to Compel and Granting 36 Motion to Extend Filing Deadlines. Signed by Judge Charles B. Kornmann on 11/21/06. (SRN, ) (Entered: 11/22/2006)	RECAP
42	Nov. 27, 2006	AMENDED RULE 16 SCHEDULING ORDER: Discovery due by 9/17/2007. Motions due by 10/17/2007. Pretrial Conference set for 1/11/2008 at 01:30 PM in Aberdeen Courtroom before Charles B. Kornmann. Signed by Judge Charles B. Kornmann on 11/27/06. (SRN, ) (Entered: 11/27/2006)	RECAP
44	Dec. 15, 2006	Second MOTION to Amend/Correct Answer by Winner School District 59-2. (Attachments: # 1 Exhibit Exhibit A - Third Amended Answer)(Frankenstein, Sara) (Entered: 12/15/2006)	RECAP
45	Dec. 15, 2006	MEMORANDUM in Support re 44 Second MOTION to Amend/Correct Answer filed by Winner School District 59-2. (Attachments: # 1 Exhibit Exhibit A - Copy of Webb v. Pennington County et al)(Frankenstein, Sara) (Entered: 12/15/2006)	RECAP
46	Jan. 4, 2007	RESPONSE to Motion re 44 Second MOTION to Amend/Correct Answer filed by Mindi Felix, Jesse Milk, Deidrick Old Lodge, Jennifer Peneaux, Johnathon Scruggs, Josephine Traversie, Taylor White Buffalo, Sam Antoine, Richard Chasing Hawk, Charles Dubray. (JAB) (Entered: 01/04/2007)	RECAP
47	Jan. 5, 2007	ORDER granting 44 Motion to Amend Signed by Judge Charles B. Kornmann on 1/5/07. (JAB) (Entered: 01/05/2007)	RECAP
49	Jan. 8, 2007	Third Amended ANSWER to Amended Complaint by Winner School District 59-2, Mary Fisher, Brian Naasz, Mike Hanson.(Frankenstein, Sara) (Entered: 01/08/2007)	RECAP
50	April 11, 2007	JOINT STIPULATION REGARDING CONFIDENTIALITY OF DISCOVERY by Mindi Felix, Jesse Milk, Deidrick Old Lodge, Jennifer Peneaux, Johnathon Scruggs, Josephine Traversie, Taylor White Buffalo, Sam Antoine, Winner School District 59-2, Mary Fisher, Brian Naasz, Mike Hanson, Richard Chasing Hawk, Charles Dubray. (DJP) (Entered: 04/11/2007)	RECAP
	May 22, 2007	Settlement Conference held on Tuesday, 5/22/2007 before Judge John E. Simko. Mediation to continue on Wednesday, 5/23/2007. (CG)
	May 23, 2007	Settlement Conference held on 5/23/2007 before Judge John E. Simko (to be continued on 5/24/2007). (CG)
	May 24, 2007	Settlement Conference concluded on 5/24/2007 before Judge John E. Simko. (Court Reporter FTR Ct #2) (CG)
51	May 30, 2007	Sealed Document (Settlement Agreement reached during mediation held May 22-24). (DJP) (Entered: 05/30/2007)	RECAP
52	July 12, 2007	MOTION Order Directing Notice to the Class of the Proposed Consent Decree and Scheduling a Fairness Hearing by Mindi Felix, Jesse Milk, Deidrick Old Lodge, Jennifer Peneaux, Johnathon Scruggs, Josephine Traversie, Taylor White Buffalo, Sam Antoine, Winner School District 59-2, Mary Fisher, Brian Naasz, Mike Hanson, Richard Chasing Hawk, Charles Dubray. (Attachments: # 1 Exhibit A: Consent Decree# 2 Exhibit B: Notice of Proposed Settlement of School - Discrimination Lawsuit# 3 Proposed Order)(MWT) (Entered: 07/12/2007)	RECAP
53	Oct. 4, 2007	ORDER fairness hearing re for October 17, 2007 at 9:00 am in Pierre Signed by Judge Charles B. Kornmann on 10/4/07. (JAB) (Entered: 10/05/2007)	RECAP
	Oct. 4, 2007	Set/Reset Hearings: fairness hearing set for 10/17/2007 at 09:00 AM in PR Courtroom 1 before Charles B. Kornmann. (JAB)
54	Oct. 5, 2007	ORDER VACATING ORDER FOR FAIRNESS HEARING re vacating 53 Order Signed by Judge Charles B. Kornmann on 10/5/07. (JAB) (Entered: 10/05/2007)	RECAP
55	Oct. 5, 2007	ORDER DIRECTING NOTICE TO THE CLASS OF THE PROPOSED CONSENT DECREE AND SCHEDULING A FINAL FAIRNESS HEARING Hearings Set Fairness Hearing set for 12/10/2007 at 02:00 PM in PR Courtroom 1 before Charles B. Kornmann. Signed by Judge Charles B. Kornmann on 10/5/07. (JAB) (Entered: 10/05/2007)	RECAP
56	Oct. 16, 2007	NOTICE OF PROPOSED SETTLEMENT by Mindi Felix, Jesse Milk, Deidrick Old Lodge, Jennifer Peneaux, Johnathon Scruggs, Josephine Traversie, Taylor White Buffalo, Sam Antoine, Richard Chasing Hawk, Charles Dubray (DLC) (Entered: 10/16/2007)	Clearinghouse
57	Dec. 6, 2007	AFFIDAVIT of Marilyn Herman. (Knudsen, Donald) (Entered: 12/06/2007)	RECAP
58	Dec. 6, 2007	AFFIDAVIT of Diz Herman. (Knudsen, Donald) (Entered: 12/06/2007)	RECAP
59	Dec. 6, 2007	AFFIDAVIT of Bill J. Kaiser. (Knudsen, Donald) (Entered: 12/06/2007)	RECAP
60	Dec. 6, 2007	AFFIDAVIT of Sonya Hespe. (Attachments: # 1 Exhibit List of students, parents and guardians)(Knudsen, Donald) (Entered: 12/06/2007)	RECAP
61	Dec. 6, 2007	AFFIDAVIT of Cathy Ducheneaux. (Knudsen, Donald) (Entered: 12/06/2007)	RECAP
62	Dec. 6, 2007	AFFIDAVIT of Cathy Ducheneaux. (Attachments: # 1 Exhibit List of students, parents and guardians)(Knudsen, Donald) (Entered: 12/06/2007)	RECAP
63	Dec. 10, 2007	Fairness Hearing held on 12/10/2007 before Judge Charles B. Kornmann (Court Reporter Cheryl Hook) (SRN) (Entered: 12/10/2007)	RECAP
64	Dec. 10, 2007	CONSENT DECREE. Signed by Judge Charles B. Kornmann on 12/10/07. (SRN) (Entered: 12/10/2007)	Clearinghouse
65	Dec. 14, 2007	TRANSCRIPT of Fairness Hearing Proceedings: re 63 held on December 10, 2007 (JAB) (Entered: 12/14/2007)	RECAP
66	June 2, 2008	STATUS REPORT by Winner School District 59-2, Mary Fisher, Brian Naasz, Mike Hanson. (Attachments: # 1 Progress Report #1, # 2 Exhibit A - Draft Disciplinary Matrix dated April 14, 2008, # 3 Exhibit B - Paraprofessional Contract with DeAnne Felix, # 4 Exhibit C - List of Olweus Bullying Prevention Coordinating Committee members, # 5 Exhibit D - Paraprofessional Contract with Ralph Wendell, # 6 Exhibit E - Materials and notes from first co-construction team)(Frankenstein, Sara) (Entered: 06/02/2008)	Clearinghouse
67	June 3, 2008	NOTICE of Appearance by Jennifer Kay Trucano on behalf of Winner School District 59-2, Mary Fisher, Brian Naasz, Mike Hanson (Trucano, Jennifer) (Entered: 06/03/2008)	RECAP
68	Sept. 10, 2008	STATUS REPORT by Winner School District 59-2, Mary Fisher, Brian Naasz, Mike Hanson. (Attachments: # 1 Progress Report #1 for Year 2, 2008-09, # 2 Exhibit A - Disciplinary Matrix revised August 12, 2008, # 3 Exhibit B - Infinite Campus Flags, # 4 Exhibit C - Ombudsperson Job Description, # 5 Exhibit D - Ombudsperson Job Description(2), # 6 Exhibit E - Teacher's Contract, # 7 Exhibit F - Parental Involvement, # 8 Exhibit G - Accountability Plan)(Trucano, Jennifer) (Entered: 09/10/2008)	Clearinghouse
69	Dec. 19, 2013	MOTION for Attorney Courtney A. Bowie to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869-1730054) by Sam Antoine, Richard Chasing Hawk, Charles Dubray, Mindi Felix, Jesse Milk, Deidrick Old Lodge, Jennifer Peneaux, Johnathon Scruggs, Josephine Traversie, Taylor White Buffalo. (Attachments: # 1 Text of Proposed Order Proposed Order)(Pevar, Stephen) (Entered: 12/19/2013)	RECAP
70	Dec. 20, 2013	ORDER TO ADMIT PRO HAC VICE granting 69 Motion for Admission Pro Hac Vice of Attorney Courtney A. Bowie for Sam Antoine, Richard Chasing Hawk, Charles Dubray, Mindi Felix, Jesse Milk, Deidrick Old Lodge, Jennifer Peneaux, Johnathon Scruggs, Josephine Traversie, and Taylor White Buffalo. Signed by Charles B. Kornmann on 12/20/2013. (SAT) (Entered: 12/20/2013)	RECAP
71	Jan. 8, 2014	Joint MOTION for Order to Direct Notice to Class of Proposed Amended Consent Decree and Schedule Fairness Hearing re 64 Order on Motion for Miscellaneous Relief by Sam Antoine, Richard Chasing Hawk, Charles Dubray, Mindi Felix, Mary Fisher, Mike Hanson, Jesse Milk, Brian Naasz, Deidrick Old Lodge, Jennifer Peneaux, Johnathon Scruggs, Josephine Traversie, Taylor White Buffalo, Winner School District 59-2. (Attachments: # 1 Exhibit A -Proposed Notice to Class of Amended Consent Decree, # 2 Exhibit B - Proposed Amended Consent Decree)(Pevar, Stephen) (Entered: 01/08/2014)	RECAP
72	Jan. 9, 2014	ORDER DIRECTING NOTICE TO PLAINTIFF CLASS OF A PROPOSED AMENDED CONSENT DECREE AND SCHEDULING A FINAL FAIRNESS HEARING granting 71 Motion for Order. Signed by Charles B. Kornmann on January 9, 2014. (DLC) (Entered: 01/09/2014)	RECAP
	Jan. 9, 2014	Set Hearing: Status Conference set for 5/12/2014 at 11:30 AM in the federal courtroom of the United States Courthouse in Aberdeen, South Dakota, before Charles B. Kornmann. (DLC)
73	Jan. 22, 2014	DECLARATION of Courtney A. Bowie of Service of Notice on Members of Plaintiff Class. (Pevar, Stephen) (Entered: 01/22/2014)	RECAP
74	March 17, 2014	Letter to the Court regarding notice to Plaintiff Class and request for telephonic fairness hearing. (Pevar, Stephen) (Entered: 03/17/2014)	RECAP
75	April 1, 2014	ORDER FOR TELEPHONIC FAIRNESS HEARING set for 4/10/2014 at 03:00 PM before U.S. District Judge Charles B. Kornmann. Signed by U.S. District Judge Charles B. Kornmann on 04/01/2014. (SAT) (Entered: 04/01/2014)	RECAP
76	April 10, 2014	Fairness Hearing held on 4/10/2014. before U.S. District Judge Charles B. Kornmann (Court Reporter Leslie Hicks) (DLC) (Main Document 76 replaced on 4/10/2014) (DLC). (Entered: 04/10/2014)	RECAP
77	April 18, 2014	Joint MOTION to Substitute Party and Amend Case Caption by Sam Antoine, Richard Chasing Hawk, Charles Dubray, Mindi Felix, Mary Fisher, Mike Hanson, Jesse Milk, Brian Naasz, Deidrick Old Lodge, Jennifer Peneaux, Johnathon Scruggs, Josephine Traversie, Taylor White Buffalo, Winner School District 59-2. (Attachments: # 1 Text of Proposed Order)(Pevar, Stephen) (Entered: 04/18/2014)	RECAP
78	April 28, 2014	ORDER ON JOINT MOTION TO SUBSTITUTE PARTIES AND AMEND CASE CAPTION granting 77 Motion to Substitute Party. Yvette Iron Heart added. Signed by U.S. District Judge Charles B. Kornmann on April 28, 2014. (DLC) (Entered: 04/28/2014)	RECAP
79	April 29, 2014	FINDINGS OF FACT AND CONCLUSIONS OF LAW. Signed by U.S. District Judge Charles B. Kornmann on 4/29/14. (SKK) (Entered: 04/29/2014)	Clearinghouse
80	Nov. 3, 2014	JOINT MOTION for Order Entering Amended Decree by Sam Antoine, Bruce Carrier, Richard Chasing Hawk, Charles Dubray, Mindi Felix, Yvette Iron Heart, Jesse Milk, Brian Naasz, Deidrick Old Lodge, Jennifer Peneaux, Johnathon Scruggs, Josephine Traversie, Taylor White Buffalo, Winner School District 59-2, Gerald Witte. Motion to Enter Consent Decree with Proper Heading. (Attachments: # 1 Amended Consent Decree)(Pevar, Stephen) Modified on 11/3/2014 to change into a motion (SLT). (Entered: 11/03/2014)	RECAP
81	Nov. 4, 2014	(TERMINATED per 83 order) AMENDED CONSENT DECREE granting 80 Motion to Amend/Correct. Signed by U.S. District Judge Charles B. Kornmann on 11/4/14. (SKK) Modified on 6/6/2017 (SAC). (Entered: 11/04/2014)	Clearinghouse
82	May 31, 2017	MOTION Joint Motion of Parties To Terminate Consent Decree by Winner School District 59-2. (White, Jana) (Entered: 05/31/2017)	RECAP
83	June 6, 2017	ORDER granting 82 Joint Motion to terminate the 81 consent decree. Signed by U.S. District Judge Charles B. Kornmann on 06/06/2017. (SAC) (Entered: 06/06/2017)	Clearinghouse

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Case Details

State / Territory:

South Dakota

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 27, 2006

Closing Date: June 6, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Native American students who were or would be enrolled in Winner School District's middle and high schools

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

School District

Winner School District

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

Equal Protection

Other Dockets:

District of South Dakota 3:06-cv-03007

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

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

Amount Defendant Pays: $100,000

Order Duration: 2007 - 2017

Issues

General/Misc.:

Language access/needs

Discrimination Basis:

Race discrimination

Affected Race(s):

American Indian/Alaskan Native

Recommended Citation

Case Summary of Antoine v. Winner School District, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/15827/ (last updated 1/11/2018).