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 disci…

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)

Kornmann, Charles B. (South Dakota)

Attorneys(s) 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)

Attorneys(s) for Defendant

Frankenstein, Sara (South Dakota)

Knudsen, Donald P. (South Dakota)

Trucano, Jennifer K (South Dakota)

Judge(s)

Kornmann, Charles B. (South Dakota)

Attorneys(s) 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)

Attorneys(s) for Defendant

Frankenstein, Sara (South Dakota)

Knudsen, Donald P. (South Dakota)

Trucano, Jennifer K (South Dakota)

Documents in the Clearinghouse

Document

Docket [PACER]

June 6, 2017 Docket
1

Complaint

Antoine v. Winner School District 59-2

March 27, 2006 Complaint
23

Complaint

Antoine v. Winner School District 59-2

May 12, 2006 Complaint
33

Order and Opinion Granting Class Certifications

Antoine v. Winner School District 59-2

Oct. 20, 2006 Order/Opinion
56

Notice of Proposed Settlement of School-Discrimination Lawsuit

Antoine v. Winner School District 59-2

Oct. 16, 2007 Notice Letter
64

Consent Decree

Antoine v. Winner School District 59-2

Dec. 10, 2007 Order/Opinion
66

Status Report - Monitor's First Quarterly Report

Antoine v. Winner School District 59-2

June 2, 2008 Pleading / Motion / Brief
68

Status Report - Monitor's Second Quarterly Report

Antoine v. Winner School District 59-2

Sept. 10, 2008 Pleading / Motion / Brief
79

Findings of Fact and Conclusions of Law

W.I.H. and 1.LH v. Winner School District 59-2

2014 WL 1761007

April 29, 2014 Order/Opinion
81

Amended Consent Decree

Heart v. Winner School District 59-2

Nov. 4, 2014 Order/Opinion

Resources

Title Description 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 … Feb. 10, 2014 https://www.aclu.org/cases/antoine-v-winner-school-district

Docket

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

Last updated May 20, 2022, 4:31 a.m.

ECF Number Description Date Link
33

ORDER AND OPINION GRANTING CLASS CERTIFICATION 18 . Signed by Judge Charles B. Kornmann on October 19, 2006. (DLC)

Oct. 20, 2006 RECAP
1

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)

March 27, 2006
2

CIVIL COVER SHEET (SRN, ) (Entered: 03/27/2006)

March 27, 2006
79

FINDINGS OF FACT AND CONCLUSIONS OF LAW. Signed by U.S. District Judge Charles B. Kornmann on 4/29/14. (SKK)

April 29, 2014 RECAP

Filer will mail the summons form back and inform the clerk's office of the number they need. (SRN, ) (Entered: 03/27/2006)

March 27, 2006
3

NOTICE of Appearance by Donald P. Knudsen on behalf of all defendants (Knudsen, Donald) (Entered: 03/29/2006)

March 29, 2006
4

Summons Issued as to Winner School District 59−2, Mary Fisher, Brian Naasz, Mike Hanson. (SRN, ) (Entered: 03/30/2006)

March 30, 2006
5

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)

April 4, 2006
6

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)

April 4, 2006
7

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)

April 4, 2006
8

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)

April 4, 2006

SUMMONS (Defendant(s)) Served (SRN, ) (Entered: 04/04/2006)

April 4, 2006
9

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)

April 17, 2006
10

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)

April 17, 2006
11

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)

April 18, 2006
14

ORDER For Form 35 Report and Scheduling Information. Signed by Judge Charles B. Kornmann on 4/21/06. (JAB) (Entered: 04/21/2006)

April 21, 2006
16

MEMORANDUM LETTER re: instructions for future filingsSigned by Judge Charles B. Kornmann on April 21, 2006. (DLC) (Entered: 04/24/2006)

April 21, 2006
17

PRO HAC VICE fee paid by Catherine Y. Kim and Robin L. Dahlberg (SLL, ) (Entered: 04/24/2006)

April 24, 2006
18

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)

April 28, 2006
19

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)

April 28, 2006
20

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)

May 5, 2006
21

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)

May 5, 2006
22

AMENDED ANSWER to 1 Complaint, by Winner School District 59−2, Mary Fisher, Brian Naasz, Mike Hanson. (Knudsen, Donald) (Entered: 05/10/2006)

May 10, 2006
23

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)

May 12, 2006
24

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)

May 22, 2006
25

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)

May 22, 2006
26

REPORT of Rule 26(f) Planning Meeting. (Frankenstein, Sara) (Entered: 06/01/2006)

June 1, 2006
27

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)

June 1, 2006
28

ORDER granting 27 Motion to Amend Answer. Signed by Judge Charles B. Kornmann on June 2, 2006. (DLC) (Entered: 06/02/2006)

June 2, 2006
29

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)

June 2, 2006
31

Second Amended ANSWER to Amended Complaint by Winner School District 59−2, Mary Fisher, Brian Naasz, Mike Hanson.(Frankenstein, Sara) (Entered: 06/08/2006)

June 8, 2006
32

MEMORANDUM LETTER re: class action Signed by Judge Charles B. Kornmann on 7/26/06. (SRN, ) (Entered: 07/27/2006)

July 26, 2006
36

MOTION to Extend by Winner School District 59−2, Mary Fisher, Brian Naasz, Mike Hanson. (Frankenstein, Sara) (Entered: 11/16/2006)

Nov. 16, 2006
37

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)

Nov. 16, 2006
38

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)

Nov. 16, 2006
39

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)

Nov. 16, 2006
40

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)

Nov. 21, 2006
42

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)

Nov. 27, 2006
44

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)

Dec. 15, 2006
45

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)

Dec. 15, 2006
46

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)

Jan. 4, 2007
47

ORDER granting 44 Motion to Amend Signed by Judge Charles B. Kornmann on 1/5/07. (JAB) (Entered: 01/05/2007)

Jan. 5, 2007
49

Third Amended ANSWER to Amended Complaint by Winner School District 59−2, Mary Fisher, Brian Naasz, Mike Hanson.(Frankenstein, Sara) (Entered: 01/08/2007)

Jan. 8, 2007
50

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)

April 11, 2007

Settlement Conference held on Tuesday, 5/22/2007 before Judge John E. Simko. Mediation to continue on Wednesday, 5/23/2007. (CG) (Entered: 05/23/2007)

May 22, 2007

Settlement Conference held on 5/23/2007 before Judge John E. Simko (to be continued on 5/24/2007). (CG) (Entered: 05/24/2007)

May 23, 2007

Settlement Conference concluded on 5/24/2007 before Judge John E. Simko. (Court Reporter FTR Ct #2) (CG) (Entered: 05/24/2007)

May 24, 2007
51

Sealed Document (Settlement Agreement reached during mediation held May 22−24). (DJP) (Entered: 05/30/2007)

May 30, 2007
52

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)

July 12, 2007
53

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)

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) (Entered: 10/05/2007)

Oct. 4, 2007
54

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)

Oct. 5, 2007
55

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)

Oct. 5, 2007
56

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)

Oct. 16, 2007
57

AFFIDAVIT of Marilyn Herman. (Knudsen, Donald) (Entered: 12/06/2007)

Dec. 6, 2007
58

AFFIDAVIT of Diz Herman. (Knudsen, Donald) (Entered: 12/06/2007)

Dec. 6, 2007
59

AFFIDAVIT of Bill J. Kaiser. (Knudsen, Donald) (Entered: 12/06/2007)

Dec. 6, 2007
60

AFFIDAVIT of Sonya Hespe. (Attachments: # 1 Exhibit List of students, parents and guardians)(Knudsen, Donald) (Entered: 12/06/2007)

Dec. 6, 2007
61

AFFIDAVIT of Cathy Ducheneaux. (Knudsen, Donald) (Entered: 12/06/2007)

Dec. 6, 2007
62

AFFIDAVIT of Cathy Ducheneaux. (Attachments: # 1 Exhibit List of students, parents and guardians)(Knudsen, Donald) (Entered: 12/06/2007)

Dec. 6, 2007
63

Fairness Hearing held on 12/10/2007 before Judge Charles B. Kornmann (Court Reporter Cheryl Hook) (SRN) (Entered: 12/10/2007)

Dec. 10, 2007
64

CONSENT DECREE. Signed by Judge Charles B. Kornmann on 12/10/07. (SRN) (Entered: 12/10/2007)

Dec. 10, 2007
65

TRANSCRIPT of Fairness Hearing Proceedings: re 63 held on December 10, 2007 (JAB) (Entered: 12/14/2007)

Dec. 14, 2007
66

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)

June 2, 2008
67

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)

June 3, 2008
68

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)

Sept. 10, 2008
70

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)

Dec. 20, 2013
71

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)

Jan. 8, 2014
72

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)

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) (Entered: 01/09/2014)

Jan. 9, 2014
73

DECLARATION of Courtney A. Bowie of Service of Notice on Members of Plaintiff Class . (Pevar, Stephen) (Entered: 01/22/2014)

Jan. 22, 2014
74

Letter to the Court regarding notice to Plaintiff Class and request for telephonic fairness hearing. (Pevar, Stephen) (Entered: 03/17/2014)

March 17, 2014
75

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)

April 1, 2014
76

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)

April 10, 2014
77

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)

April 18, 2014
78

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)

April 28, 2014
80

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)

Nov. 3, 2014
81

(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.

Nov. 4, 2014
83

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)

June 6, 2017

State / Territory: South Dakota

Case Type(s):

Education

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

Winner School District (Tripp), 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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $100,000

Order Duration: 2007 - 2017

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

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

Hire

Monitor/Master

Recordkeeping

Reporting

Training

Issues

General:

Language access/needs

Discrimination-basis:

Race discrimination

Race:

American Indian/Alaskan Native