Case: Lampkin v. District of Columbia

1:92-cv-00910 | U.S. District Court for the District of Columbia

Filed Date: April 15, 1992

Closed Date: Oct. 6, 1995

Clearinghouse coding complete

Case Summary

On April 15, 1992, the National Law Center on Homelessness and Poverty and ten parents of homeless, school-age children filed this action in the U.S. District Court for the District of D.C., seeking declaratory and injunctive relief. The plaintiffs, represented by attorneys from the National Law Center on Homelessness and Poverty and private counsel, sued the District of Columbia and D.C. Public Schools under 42 U.S.C. § 1983, alleging violations of the McKinney Act and the Fifth Amendment Equa…

On April 15, 1992, the National Law Center on Homelessness and Poverty and ten parents of homeless, school-age children filed this action in the U.S. District Court for the District of D.C., seeking declaratory and injunctive relief. The plaintiffs, represented by attorneys from the National Law Center on Homelessness and Poverty and private counsel, sued the District of Columbia and D.C. Public Schools under 42 U.S.C. § 1983, alleging violations of the McKinney Act and the Fifth Amendment Equal Protection Clause. The case was assigned to Judge Royce Lamberth.

The McKinney Act was passed in 1987 to assure that homeless children had equal access to free education and to improve the educational experience of homeless children. The Act required state plans that required the state educational agency to make determinations about which school each homeless child should attend based on their best interest, and to provide the child with services comparable to the services offered to other students - including transportation services, programs for vocational education, and school meal programs. The plaintiffs alleged that the District of Columbia violated the Act because it had:

(1) Failed to implement a best interest standard in placing homeless children in schools; (2) failed to ensure transportation to and from the school that [was] in the best interest of homeless children to attend; (3) failed to coordinate social services and public education for homeless children, and to ensure access to comparable educational services and school meal programs; and (4) failed to provide access to free, appropriate public education for homeless children.
The plaintiffs also alleged that the District of Columbia had violated their Equal Protection rights by providing transportation assistance to handicapped children but not providing transportation to homeless children, despite the two groups of children being similarly situated.

The plaintiffs filed a motion for preliminary injunction concurrently with the complaint.

The defendants filed a motion to dismiss, arguing that there was no private right of action under the McKinney Act and that the plaintiffs had not stated a valid Equal Protection claim.

On June 9, 1992, Judge Lamberth granted the defendants' motion to dismiss and denied the plaintiffs' motion for preliminary injunction as moot. 1992 WL 151813. He held that the McKinney Act did not have a private right of action and that Equal Protection claims failed because the defendants had a rational basis for treating homeless children and handicapped children differently with respect to transportation assistance.

After plaintiffs appealled, on August 22, 1994, the appellate court reversed the judgment and remanded the case to the district court for further proceedings. The court held that the McKinney Act did confer enforceable rights on its beneficiaries, so the plaintiffs could bring a § 1983 claim. 27 F.3d 605. The defendants sought review by the Supreme Court, which denied certiorari on November 28, 1994. 115 S. Ct. 578.

On remand, the plaintiffs renewed their motion for preliminary injunction on September 12, 1994, and filed an amended complaint on September 21. On November 18, 1994, the defendants filed a motion to dismiss and the plaintiffs filed a motion for summary judgment. The plaintiffs filed a second amended complaint on November 21, 1994.

On March 7, 1995, Judge Lamberth granted the plaintiffs' motion for summary judgment and denied the defendants' motion to dismiss, finding that the defendants had violated the McKinney Act by failing to address the educational needs of homeless children and by failing to provide adequate transportation. 879 F. Supp. 116. The court entered an injunction, requiring defendants to identify homeless children the first time they reported to the intake center and arrange for appropriate educational services at that time. The court also required the defendants to either offer bus tokens to homeless children who traveled over 1.5 miles to attend school or implement a bus service dedicated to transporting homeless children to and from school.

Following this judgment, the District of Columbia passed emergency legislation and withdrew from the McKinney Act programs. On March 21, 1995, the defendants separate motions to stay or vacate the March 7 order. The motion to stay was denied on March 25, and the defendants took steps to comply with the injunction while awaiting a decision on their motion to vacate.

On May 4, 1995, Judge Lamberth denied the motion to vacate, but dissolved the injunction because D.C. no longer was a part of the grant program under the McKinney Act. 886 F. Supp. 56.

The plaintiffs petitioned for attorneys fees on May 31, 1995; the parties settled this issue in October 1995. The case is closed.

Summary Authors

Caitlin Kierum (6/9/2020)

People


Judge(s)

Buckley, David W. (District of Columbia)

Lamberth, Royce C. (District of Columbia)

Attorneys(s) for Plaintiff

Dent, Kerrie C. (District of Columbia)

Foscarinis, Maria (District of Columbia)

Miller, James D. (District of Columbia)

Quarngesser, Susan Stuart (District of Columbia)

Spitzer, Arthur (District of Columbia)

Tang, Evelyn S (District of Columbia)

Attorneys(s) for Defendant

Alexander, Robin C. (District of Columbia)

Blustein, Benjamin Jay (Illinois)

Judge(s)

Buckley, David W. (District of Columbia)

Lamberth, Royce C. (District of Columbia)

Attorneys(s) for Plaintiff

Dent, Kerrie C. (District of Columbia)

Foscarinis, Maria (District of Columbia)

Miller, James D. (District of Columbia)

Quarngesser, Susan Stuart (District of Columbia)

Spitzer, Arthur (District of Columbia)

Tang, Evelyn S (District of Columbia)

Attorneys(s) for Defendant

Alexander, Robin C. (District of Columbia)

Blustein, Benjamin Jay (Illinois)

Murasky, Donna M. (District of Columbia)

Payton, John A. (District of Columbia)

Prager, Lutz Alexander (District of Columbia)

Reischel, Charles L. (District of Columbia)

Wilburn, Nadine Chandler (District of Columbia)

Other Attorney(s)

Greenspan, Deborah E. (District of Columbia)

Thompson, Gary (District of Columbia)

Documents in the Clearinghouse

Document

1:92-cv-00910

Docket [PACER]

Oct. 6, 1995

Oct. 6, 1995

Docket
19

1:92-cv-00910

Memorandum Opinion

1992 WL 151813

June 9, 1992

June 9, 1992

Order/Opinion

92-07143

Opinion

U. S. Court of Appeals for the District of Columbia Circuit

27 F.3d 605

July 1, 1994

July 1, 1994

Order/Opinion
58

1:92-cv-00910

Memorandum Opinion

879 F.Supp. 116

March 7, 1995

March 7, 1995

Order/Opinion
83

1:92-cv-00910

Memorandum Opinion and Order

886 F.Supp. 56

May 4, 1995

May 4, 1995

Order/Opinion

Resources

Docket

Last updated July 21, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed summons (4) issued (adc) (Entered: 04/16/1992)

April 15, 1992

April 15, 1992

2

MOTION filed by plaintiff(s) for preliminary injunction ; exhibits (19) (adc) (Entered: 04/16/1992)

April 15, 1992

April 15, 1992

3

REQUEST by plaintiff(s) for hearing on application for preliminary injunction (adc) (Entered: 04/16/1992)

April 15, 1992

April 15, 1992

4

AFFIDAVIT OF SERVICE of complaint for declaratory and injunctive relief, upon defendants DC; SHARON PRATT KELLY; DC PUBLIC SCHOOLS; FRANKLIN L. SMITH 4/15/92 (lpp) (Entered: 04/17/1992)

April 16, 1992

April 16, 1992

5

MOTION filed by defendant DC, defendant SHARON PRATT KELLY, defendant DC PUBLIC SCHOOLS, defendant FRANKLIN L. SMITH to extend time to 4/29/92, to response to plaintiffs' motion for preliminary injunction (lpp) (Entered: 04/28/1992)

April 27, 1992

April 27, 1992

7

ORDER by Judge Royce C. Lamberth : granting motion to extend time to 4/29/92, to response to plaintiffs' motion for preliminary injunction [5 − 1] by FRANKLIN L. SMITH, DC PUBLIC SCHOOLS, SHARON PRATT KELLY, DC response to motion due 4/29/92 ; reply to motion due 5/4/92 ; motion hearing set for 2:00, 5/6/92 ; (N) (lpp) (Entered: 05/01/1992)

April 28, 1992

April 28, 1992

6

RESPONSE by defendant DC, defendant SHARON PRATT KELLY, defendant DC PUBLIC SCHOOLS, defendant FRANKLIN L. SMITH in opposition to motion for preliminary injunction [2 − 1] by plaintiff(s) Exhibits: 1,2, and 4 − 6 (4) (lpp) (Entered: 05/01/1992)

May 1, 1992

May 1, 1992

8

MOTION (emergency) filed by defendant DC, defendant SHARON PRATT KELLY, defendant DC PUBLIC SCHOOLS, defendant FRANKLIN L. SMITH to expedite discovery (cjp) (Entered: 05/06/1992)

May 1, 1992

May 1, 1992

10

ATTORNEY APPEARANCE for defendant DC, defendant SHARON PRATT KELLY, defendant DC PUBLIC SCHOOLS, defendant FRANKLIN L. SMITH by Robin C. Alexander − Smith (cjp) (Entered: 05/06/1992)

May 1, 1992

May 1, 1992

11

NOTICE OF FILING by defendant DC, defendant SHARON PRATT KELLY, defendant DC PUBLIC SCHOOLS, defendant FRANKLIN L. SMITH of their exhibit 3 omitted from their opposition to plaintiffs' motion for preliminary injunction; exhibit (1) (cjp) (Entered: 05/06/1992)

May 1, 1992

May 1, 1992

13

MOTION filed by defendant DC, defendant SHARON PRATT KELLY, defendant DC PUBLIC SCHOOLS, defendant FRANKLIN L. SMITH to dismiss the complaint (lpp) (Entered: 05/06/1992)

May 5, 1992

May 5, 1992

MOTION HEARING before Judge Royce C. Lamberth by plaintiff(s) motion for preliminary injunction [2 − 1] argued and taken under advisement Reporter: Theresa Sorensen (fle) (Entered: 05/06/1992)

May 6, 1992

May 6, 1992

12

REPLY by plaintiff(s)to response to motion for preliminary injunction [2 − 1] by plaintiff(s), Exhibits: (5), Fiat by Judge Lamberth (lpp) (Entered: 05/06/1992)

May 6, 1992

May 6, 1992

14

MEMORANDUM (supplemental) by plaintiff(s) in support of motion for preliminary injunction [2 − 1] by plaintiff(s) (dot) (Entered: 05/20/1992)

May 15, 1992

May 15, 1992

15

RESPONSE by plaintiffs in opposition to motion to dismiss the complaint [13 − 1] by FRANKLIN L. SMITH, DC PUBLIC SCHOOLS, SHARON PRATT KELLY, DC (dot) (Entered: 05/20/1992)

May 15, 1992

May 15, 1992

16

SUPPLEMENTAL MEMORANDUM to motion to dismiss the complaint [13 − 1] by FRANKLIN L. SMITH, DC PUBLIC SCHOOLS, SHARON PRATT KELLY, DC, in opposition to response [6 − 1] by FRANKLIN L. SMITH, DC PUBLIC SCHOOLS, SHARON PRATT KELLY, DC (clv) (Entered: 05/27/1992)

May 22, 1992

May 22, 1992

17

NOTICE OF FILING by plaintiffs this Notice of Supplemental Authority; attachment (dot) (Entered: 06/04/1992)

June 3, 1992

June 3, 1992

18

ORDER by Judge Royce C. Lamberth : granting motion to dismiss the complaint [13 − 1] by FRANKLIN L. SMITH, DC PUBLIC SCHOOLS, SHARON PRATT KELLY, DC, denying motion for preliminary injunction [2 − 1] by plaintiff(s) as moot. This case stands dismissed with prejudice. SO ORDERED. (N) (fle) Modified on 06/09/1992 (Entered: 06/09/1992)

June 9, 1992

June 9, 1992

19

MEMORANDUM OPINION by Judge Royce C. Lamberth (N) (adc) (Entered: 06/09/1992)

June 9, 1992

June 9, 1992

20

NOTICE OF APPEAL by plaintiffs from order [18 − 1] entered on: 6/9/92. $5.00 filing fee and $100.00 docketing fee paid and credited USDC. Copy mailed to Robin C. Alexander − Smith. (dot) (Entered: 07/07/1992)

July 2, 1992

July 2, 1992

TRANSMITTED PRELIMINARY RECORD on appeal [20 − 1] by plaintiff(s) to U.S. Court of Appeals (dot) (Entered: 07/07/1992)

July 7, 1992

July 7, 1992

USCA # 92 − 7143 assigned for appeal [20 − 1] by plaintiff(s) (dot) (Entered: 07/23/1992)

July 22, 1992

July 22, 1992

22

CERTIFIED COPY of Judgment filed in USCA dated 7/1/94, on appeal [20 − 1] , reversing the judgment of USDC , remanding for further proceedings. ; Opinion. USCA # 92 − 7143 (mbd) (Entered: 08/30/1994)

Aug. 22, 1994

Aug. 22, 1994

STATUS HEARING before Judge Royce C. Lamberth : Reporter: Theresa Sorensen (fle) (Entered: 08/26/1994)

Aug. 26, 1994

Aug. 26, 1994

21

ORDER by Judge Royce C. Lamberth : referring settlement discussions to Magistrate Judge (N) (fle) (Entered: 08/29/1994)

Aug. 26, 1994

Aug. 26, 1994

CASE REFERRED to Mag. Judge Deborah A. Robinson for settlement discussions (mbd) (Entered: 08/29/1994)

Aug. 26, 1994

Aug. 26, 1994

24

MOTION filed by plaintiffs for leave to file a supplemental complaint ; EXHIBIT (Supplemental Complaint) (mlp) (Entered: 09/14/1994)

Sept. 12, 1994

Sept. 12, 1994

25

SUBSTITUTION OF COUNSEL for defendant SHARON PRATT KELLY, defendant DC, defendant DC PUBLIC SCHOOLS, defendant FRANKLIN L. SMITH , substituting Benjamin Jay Blustein, Nadine Chandler Wilburn for attorney Robin C. Alexander for FRANKLIN L. SMITH, attorney Robin C. Alexander for DC PUBLIC SCHOOLS, attorney Robin C. Alexander for DC, attorney Robin C. Alexander for SHARON PRATT KELLY (dot) (Entered: 09/21/1994)

Sept. 20, 1994

Sept. 20, 1994

26

ORDER by Judge Royce C. Lamberth : granting motion for leave to file a supplemental complaint [24 − 1] by plaintiff(s)sssssssss (N) (fle) (Entered: 09/21/1994)

Sept. 21, 1994

Sept. 21, 1994

27

AMENDED COMPLAINT (supplemental) by plaintiff(s) adding plaintiff(s) TERRY PARKER, AUDREY POSTELL, and amending complaint [1 − 1] . (dot) (Entered: 09/27/1994)

Sept. 21, 1994

Sept. 21, 1994

SETTLEMENT CONFERENCE before Mag. Judge Deborah A. Robinson in chambers; reporter: not reported (bh) (Entered: 09/26/1994)

Sept. 23, 1994

Sept. 23, 1994

28

MOTION filed by defendant SHARON PRATT KELLY, defendant DC, defendant DC PUBLIC SCHOOLS, defendant FRANKLIN L. SMITH to extend time to 9/26/94 within which to respond to plaintiffs' motion for leave to supplement the complaint (dot) (Entered: 09/27/1994)

Sept. 23, 1994

Sept. 23, 1994

29

SUPPLEMENTAL MEMORANDUM by defendants in support to motion for preliminary injunction [2 − 1] by plaintiff(s) (dot) (Entered: 09/27/1994)

Sept. 23, 1994

Sept. 23, 1994

30

MOTION filed by defendant SHARON PRATT KELLY, defendant DC, defendant DC PUBLIC SCHOOLS, defendant FRANKLIN L. SMITH to dismiss amended complaint (supplemental) [27 − 1], complaint [1 − 1] , or in the alternative, for summary judgment ; exhibits (20) with attachments (5) (dot) (Entered: 09/27/1994)

Sept. 26, 1994

Sept. 26, 1994

31

SUPPLEMENTAL MEMORANDUM by defendants to its opposition to plaintiffs' motion for preliminary injunction [2 − 1] by plaintiff(s) (dot) (Entered: 09/27/1994)

Sept. 26, 1994

Sept. 26, 1994

32

MOTION filed by plaintiff(s) to withdraw reference [2 − 1] motion for preliminary injunction without prejudice (dot) (Entered: 09/28/1994)

Sept. 27, 1994

Sept. 27, 1994

33

ORDER by Judge Royce C. Lamberth : granting motion to extend time to 9/26/94 within which to respond to plaintiffs' motion for leave to supplement the complaint [28 − 1] by FRANKLIN L. SMITH, DC PUBLIC SCHOOLS, DC, SHARON PRATT KELLY; nunc pro tunc. (N) (fle) (Entered: 09/28/1994)

Sept. 27, 1994

Sept. 27, 1994

34

ORDER by Judge Royce C. Lamberth : granting motion to withdraw reference [2 − 1] motion for preliminary injunction without prejudice [32 − 1] by plaintiff(s)ssssssssssss (N) (fle) (Entered: 09/30/1994)

Sept. 29, 1994

Sept. 29, 1994

CASE referral ended Mag. Judge Deborah A. Robinson (bh) (Entered: 01/23/1995)

Oct. 5, 1994

Oct. 5, 1994

35

MEET AND CONFER STATEMENT/REPORT (joint) PURSUANT TO L.R. 206(d) filed by defendant DC, plaintiff(s) NATL. LAW CTR/HOME, plaintiff(s) TWANA ROBB, plaintiff(s) DENISE DABNEY, plaintiff(s) GAIL MASON, plaintiff(s) SADIE CHATMON, plaintiff(s) CHERISE THORNES, plaintiff(s) PATRICIA SUMPTER, plaintiff(s) MARIA SUMMERS, plaintiff(s) DAWN HARVELL, plaintiff(s) BARBETTE FRIBBLEY, plaintiff(s) BRENDA LAMPKIN, plaintiff(s) TERRY PARKER, plaintiff(s) AUDREY POSTELL . (dot) (Entered: 10/20/1994)

Oct. 19, 1994

Oct. 19, 1994

36

SCHEDULING ORDER by Judge Royce C. Lamberth discovery due 1/31/95 ; response to dispositive motions due 11/18/94 ; tje deadline for the joinder of parties or amendement of pleadings shall be 11/4/94. (fle) (Entered: 10/26/1994)

Oct. 26, 1994

Oct. 26, 1994

37

MOTION filed by plaintiffs for leave to file a second supplemental complaint ; EXHIBIT (SECOND SUPPLEMENTAL COMPLAINT) (dot) (Entered: 11/07/1994)

Nov. 4, 1994

Nov. 4, 1994

39

SUPPLEMENT by defendants to in opposition to response [6 − 1] by DC, SHARON PRATT KELLY, DC PUBLIC SCHOOLS, FRANKLIN L. SMITH (dot) (Entered: 11/21/1994)

Nov. 18, 1994

Nov. 18, 1994

40

CROSS MOTIONS by plaintiffs for summary judgment ; exhibits (14) (dot) (Entered: 11/21/1994)

Nov. 18, 1994

Nov. 18, 1994

41

RESPONSE by plaintiffs in opposition to motion to dismiss amended complaint (supplemental) [27 − 1], complaint [1 − 1] [30 − 1] by FRANKLIN L. SMITH, DC PUBLIC SCHOOLS, DC, SHARON PRATT KELLY, motion for summary judgment [30 − 2] by FRANKLIN L. SMITH, DC PUBLIC SCHOOLS, DC, SHARON PRATT KELLY . (dot) (Entered: 11/21/1994)

Nov. 18, 1994

Nov. 18, 1994

42

ORDER by Judge Royce C. Lamberth : granting motion for leave to file a second supplemental complaint [37 − 1] by plaintiffssssssssssss (N) (fle) (Entered: 11/22/1994)

Nov. 21, 1994

Nov. 21, 1994

43

AMENDED COMPLAINT (second supplemental) by plaintiffs, amending complaint [1 − 1]; exhibits (6). (dot) (Entered: 11/25/1994)

Nov. 21, 1994

Nov. 21, 1994

44

MOTION filed by defendant SHARON PRATT KELLY, defendant DC, defendant DC PUBLIC SCHOOLS, defendant FRANKLIN L. SMITH to extend time to 12/5/94 to respond to plaintiffs' cross motion for summary judgment and memorandum in opposition to defendants' motion to dismiss or in the alternative for summary judgment (mlp) (Entered: 11/30/1994)

Nov. 30, 1994

Nov. 30, 1994

45

ORDER by Judge Royce C. Lamberth : granting motion to extend time to 12/5/94 to respond to plaintiffs' cross motion for summary judgment and memorandum in opposition to defendants' motion to dismiss or in the alternative for summary judgment [44 − 1] by FRANKLIN L. SMITH, DC PUBLIC SCHOOLS, DC, SHARON PRATT KELLY response to cross motions due by 12/5/94 ; (N) (fle) (Entered: 12/02/1994)

Dec. 2, 1994

Dec. 2, 1994

46

MEMORANDUM by defendant SHARON PRATT KELLY, defendant DC, defendant DC PUBLIC SCHOOLS, defendant FRANKLIN L. SMITH in opposition to cross motion for summary judgment [40 − 1] by plaintiffs; declarations (2); exhibits (5) (mlp) (Entered: 12/06/1994)

Dec. 5, 1994

Dec. 5, 1994

47

REPLY and SUPPLEMENT by defendant SHARON PRATT KELLY, defendant DC, defendant DC PUBLIC SCHOOLS, defendant FRANKLIN L. SMITH to response to motion for summary judgment [30 − 2] by FRANKLIN L. SMITH, DC PUBLIC SCHOOLS, DC, SHARON PRATT KELLY; declarations (2); exhibits (5) (mlp) (Entered: 12/06/1994)

Dec. 5, 1994

Dec. 5, 1994

48

REPLY by plaintiffs to response to cross motion for summary judgment [40 − 1] by plaintiffs; exhibits (2) (dot) (Entered: 12/13/1994)

Dec. 12, 1994

Dec. 12, 1994

49

MOTION filed by defendant FRANKLIN L. SMITH, defendant SHARON PRATT KELLY, defendant DC PUBLIC SCHOOLS, defendant DC for leave to file a surreply to plaintiffs' reply brief in support of plaintiffs' cross motion for summary judgment ; EXHIBIT (SURREPLY) (dot) (Entered: 12/21/1994)

Dec. 19, 1994

Dec. 19, 1994

50

RESPONSE (supplement) by defendant SHARON PRATT KELLY, defendant DC, defendant DC PUBLIC SCHOOLS, defendant FRANKLIN L. SMITH in opposition to cross motion for summary judgment [40 − 1] by plaintiffs; declaration (1). (dot) (Entered: 12/21/1994)

Dec. 19, 1994

Dec. 19, 1994

51

MOTION filed by plaintiffs for hearing on motion for summary judgment (mlp) (Entered: 01/05/1995)

Jan. 3, 1995

Jan. 3, 1995

52

ORDER by Judge Royce C. Lamberth : denying motion for hearing on motion for summary judgment [51 − 1] by plaintiffsssssssssss (N) (fle) (Entered: 02/23/1995)

Feb. 22, 1995

Feb. 22, 1995

53

MOTION filed by plaintiffs to reschedule hearing (ja) (Entered: 02/23/1995)

Feb. 22, 1995

Feb. 22, 1995

55

ORDER by Judge Royce C. Lamberth : granting motion to reschedule hearing [53 − 1] by plaintiffs; that the hearing on plaintiffs' motion for summary judgment shall take place on 2/28/95 at 3:30pm.; vacating the Court's order filed 2/22/95. (N) (emh) (Entered: 02/27/1995)

Feb. 24, 1995

Feb. 24, 1995

56

SURREPLY by defendant SHARON PRATT KELLY, defendant DC, defendant DC PUBLIC SCHOOLS, defendant FRANKLIN L. SMITH to reply brief in support of cross motion by summary judgment 48 by plaintiffs. (mlp) (Entered: 02/28/1995)

Feb. 24, 1995

Feb. 24, 1995

Case Reopened (jaw) (Entered: 02/28/1995)

Feb. 28, 1995

Feb. 28, 1995

57

NOTICE OF FILING by defendant SHARON PRATT KELLY, defendant DC, defendant DC PUBLIC SCHOOLS, defendant FRANKLIN L. SMITH of clarification regarding oral arguments held on 2/28/95; exhibit (1) (mlp) (Entered: 03/02/1995)

March 1, 1995

March 1, 1995

58

MEMORANDUM OPINION by Judge Royce C. Lamberth (N) (fle) (Entered: 03/07/1995)

March 7, 1995

March 7, 1995

59

ORDER by Judge Royce C. Lamberth : granting cross motion for summary judgment [40 − 1] by plaintiffssssssssssss, denying motion to dismiss amended complaint (supplemental) [27 − 1], complaint [1 − 1] [30 − 1] by FRANKLIN L. SMITH, DC PUBLIC SCHOOLS, DC, SHARON PRATT KELLY, denying motion for summary judgment [30 − 2] by FRANKLIN L. SMITH, DC PUBLIC SCHOOLS, DC, SHARON PRATT KELLY (N) (fle) (Entered: 03/07/1995)

March 7, 1995

March 7, 1995

STATUS HEARING before Judge Royce C. Lamberth : status hearing set for 4:30 3/21/95 ; oral motion of Susan Quarngesser for admission pro hoc vice granted. Reporter: Theresa Sorensen (fle) (Entered: 03/16/1995)

March 16, 1995

March 16, 1995

60

MOTION filed by plaintiffs to extend time to 3/31/95 to file petition for attorney's fees (ja) Modified on 03/20/1995 (Entered: 03/17/1995)

March 16, 1995

March 16, 1995

61

ORDER by Judge Royce C. Lamberth : granting motion to extend time to 3/31/95 to file petition for attorney;s fees [60 − 1] by plaintiffs status hearing set for 4:30 3/21/95 ; (N) (fle) (Entered: 03/17/1995)

March 16, 1995

March 16, 1995

67

ATTORNEY APPEARANCE for plaintiffs by Susan S. Quarngesser, pro hac vice, in open court, with leave of Court. (mlp) (Entered: 03/23/1995)

March 16, 1995

March 16, 1995

62

MOTION filed to extend time to 4/21/95 to comply with the portion of the order dated March 7, l995 regarding homeless families on the waiting list (ja) Modified on 03/22/1995 (Entered: 03/20/1995)

March 17, 1995

March 17, 1995

STATUS HEARING before Judge Royce C. Lamberth : motion hearing set for 4:30 3/24/95 ; Reporter: Theresa Sorensen (fle) (Entered: 03/21/1995)

March 21, 1995

March 21, 1995

63

RESPONSE by plaintiffs in opposition to motion to extend time to 4/21/95 to comply with the portion of the order dated March 7, l995 regarding homeless families on the waiting list [62 − 1] . (ja) (Entered: 03/22/1995)

March 21, 1995

March 21, 1995

64

MOTION filed by defendant SHARON PRATT KELLY, defendant DC, defendant DC PUBLIC SCHOOLS, defendant FRANKLIN L. SMITH to vacate the Court Order dated March 7, l995 ; exhibit (1) (ja) (Entered: 03/22/1995)

March 21, 1995

March 21, 1995

65

MOTION filed by defendant SHARON PRATT KELLY, defendant DC, defendant DC PUBLIC SCHOOLS, defendant FRANKLIN L. SMITH to stay case as to defendant SHARON PRATT KELLY, defendant DC, defendant DC PUBLIC SCHOOLS, defendant FRANKLIN L. SMITH compliance with this Court's Order dated March 7, l995 ; exhibit (1) (ja) (Entered: 03/22/1995)

March 21, 1995

March 21, 1995

66

ORDER by Judge Royce C. Lamberth : granting motion to extend time to 3/28/95 to comply with the portion of the order dated March 7, l995 regarding homeless families on the waiting list [62 − 1]; directing defendants to provide plaintiffs with documentation by 3/22/95 as to compliance steps taken to date; setting hearing on 3/24/95, 4:30 pm on defendants' motions to vacate and to stay court's order (N) (mon) (Entered: 03/22/1995)

March 21, 1995

March 21, 1995

68

ORDER by Judge Royce C. Lamberth : denying motion to stay case as to defendant SHARON PRATT KELLY, defendant DC, defendant DC PUBLIC SCHOOLS, defendant FRANKLIN L. SMITH compliance with this Court's Order dated March 7, l995 [65 − 1] by defendantsss motion hearing set for 4:30 3/31/95 ; granting plaintiffs' oral motion for enlargement of time until 05/30/95 to petition for attorneys' fees. (N) (fle) (Entered: 03/27/1995)

March 24, 1995

March 24, 1995

MOTION HEARING before Judge Royce C. Lamberth: motion of defendant to stay case heard and denied; motion to vacate heard in part and continued to 3/31/95, 4:30 pm for further argument. Reporter: Theresa Sorensen (mon) (Entered: 03/27/1995)

March 24, 1995

March 24, 1995

69

RESPONSE by plaintiffs in opposition to motion to vacate the Court Order dated March 7, l995 [64 − 1] by FRANKLIN L. DC PUBLIC SCHOOLS, DC, SHARON PRATT KELLY . (ja) Modified on 03/27/1995 (Entered: 03/27/1995)

March 24, 1995

March 24, 1995

70

RESPONSE (OPPOSITIONS) by plaintiffs to motion to stay Court's Order dated March 7, l995 [65 − 1] by defendants (cjp) (Entered: 03/27/1995)

March 24, 1995

March 24, 1995

71

REPLY (SUPPLEMENTAL BRIEF) by defendant SHARON PRATT KELLY, defendant DC, defendant DC PUBLIC SCHOOLS, defendant FRANKLIN L. SMITH to response to motion to vacate the Court Order dated March 7, l995 [64 − 1]; exhibits (5) (ja) (Entered: 03/29/1995)

March 28, 1995

March 28, 1995

72

REPLY by defendant SHARON PRATT KELLY, defendant DC, defendant DC PUBLIC SCHOOLS, defendant FRANKLIN L. SMITH to motion to stay the Court Order dated March 7, l995 (ja) (Entered: 03/29/1995)

March 28, 1995

March 28, 1995

73

SUPPLEMENTAL MEMORANDUM in support of opposition to defendants' motion to vacate the Order dated 3/7/95 [70 − 1] [69 − 1] by plaintiffs; exhibits (4) (mlp) (Entered: 04/03/1995)

March 31, 1995

March 31, 1995

74

SUPPLEMENTAL MEMORANDUM to motion to vacate the Court Order dated March 7, l995 [64 − 1] by FRANKLIN L. SMITH, DC PUBLIC SCHOOLS, DC, SHARON PRATT KELLY; exhibits (5) (ja) (Entered: 04/06/1995)

April 5, 1995

April 5, 1995

75

MOTION filed by plaintiffs for leave to file a supplemental response to defendants' supplemental brief filed April 5 (ja) (Entered: 04/11/1995)

April 10, 1995

April 10, 1995

76

NOTICE OF FILING by defendant SHARON PRATT KELLY, defendant DC, defendant DC PUBLIC SCHOOLS, defendant FRANKLIN L. SMITH of the signed and enacted emergency legislation amending D.C. Code SS 3 − 201 and 3 − 206.3; attachments (2) (ja) (Entered: 04/13/1995)

April 12, 1995

April 12, 1995

77

ORDER by Judge Royce C. Lamberth : granting motion for leave to file a supplemental response to defendants' supplemental brief filed April 5 [75 − 1] by plaintiffs. (N) (fle) (Entered: 04/18/1995)

April 14, 1995

April 14, 1995

78

SUPPLEMENTAL MEMORANDUM (SECOND) in opposiition to defendants' motion to vacate the order dated March 7, l995; exhibits (4) (ja) (Entered: 04/18/1995)

April 17, 1995

April 17, 1995

79

ORDER by Judge Royce C. Lamberth : granting defendants request to extend time until 4/27/95 to reply to plaintiffs' second supplemental memorandum in opposition to defendants' motion to vacate order of 3/7/95. (N) (fle) (Entered: 04/21/1995)

April 18, 1995

April 18, 1995

80

SUPPLEMENTAL MEMORANDUM (SECOND) in support of their motion to vacate the Court's 3/7/95 order [79 − 1]; exhibits (5) (ja) Modified on 04/28/1995 (Entered: 04/28/1995)

April 27, 1995

April 27, 1995

81

ORDER by Judge Royce C. Lamberth : directing defendants to provide the court, within five days, evidence that the emergency legislation was properly noticed. (N) (fle) (Entered: 04/28/1995)

April 28, 1995

April 28, 1995

82

SUPPLEMENTAL (THIRD) MEMORANDUM to order [81 − 1] directing defendants to submit evidence that the emergency legislation amending D.C. Code SS 3 − 206.3 and 3 − 602 − 1 was properly noticed by the appropriate body within the District of Columbia Council's Office; Exhibits (2) (ja) Modified on 05/04/1995 (Entered: 05/04/1995)

May 3, 1995

May 3, 1995

83

MEMORANDUM AND ORDER by Judge Royce C. Lamberth : denying motion to vacate the Court Order dated March 7, l995 [64 − 1] by FRANKLIN L. SMITH, DC PUBLIC SCHOOLS, DC, SHARON PRATT KELLY; directing that the injunction contained in the order of 3/7/95 isdissolved. (fle) (Entered: 05/08/1995)

May 4, 1995

May 4, 1995

84

PETITION filed by plaintiffs for attorney fees against DC, DC PUBLIC SCHOOLS, FRANKLIN L. SMITH ; declarations (3); exhibits (9) (mlp) (Entered: 06/01/1995)

May 31, 1995

May 31, 1995

85

BILL OF COSTS by plaintiffs; attachment (1) (mlp) (Entered: 06/01/1995)

May 31, 1995

May 31, 1995

86

ERRATA by plaintiffs in re: amended bill of costs; attachments (2) (mlp) (Entered: 06/02/1995)

June 1, 1995

June 1, 1995

87

MOTION (CONSENT) filed by defendants to extend time to 6/26/95 to respond to plaintiffs' fee petition (ja) (Entered: 06/16/1995)

June 14, 1995

June 14, 1995

88

ORDER by Judge Royce C. Lamberth : granting motion to extend time to 6/26/95 to respond to plaintiffs' fee petition [87 − 1] by FRANKLIN L. SMITH, DC PUBLIC SCHOOLS, DC, SHARON PRATT KELLY (N) (fle) (Entered: 06/18/1995)

June 16, 1995

June 16, 1995

89

MEMORANDUM by defendants in opposition to motion for attorney fees against DC, DC PUBLIC SCHOOLS, FRANKLIN L. SMITH [84 − 1] by plaintiffs; exhibit (1) (ja) (Entered: 06/29/1995)

June 26, 1995

June 26, 1995

90

MOTION (UNOPPOSED) filed by plaintiffs to extend time to file a reply in support of their petition for attorneys' fees (ja) (Entered: 07/07/1995)

July 6, 1995

July 6, 1995

91

ORDER by Judge Royce C. Lamberth : granting motion to extend time to file a reply in support of their petition for attorneys' fees [90 − 1] by plaintiffsssssssssss (N) (fle) (Entered: 07/10/1995)

July 7, 1995

July 7, 1995

92

SUPPLEMENTAL brief by defendant in opposition to motion for attorney fees against DC, DC PUBLIC SCHOOLS, FRANKLIN L. SMITH [84 − 1] by plaintiffs (ja) (Entered: 07/13/1995)

July 12, 1995

July 12, 1995

93

REPLY by plaintiffs in support of plaintiffs' motion for attorney fees against DC, DC PUBLIC SCHOOLS, FRANKLIN L. SMITH [84 − 1]; exhibits (2) (ja) (Entered: 07/20/1995)

July 19, 1995

July 19, 1995

Case Details

State / Territory: District of Columbia

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 15, 1992

Closing Date: Oct. 6, 1995

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Parents of homeless children attending school in D.C. and the National Law Center on Homelessness & Poverty

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

District of Columbia, State

D.C. Public Schools, School District

Defendant Type(s):

Elementary/Secondary School

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Injunction / Injunctive-like Settlement

None

Source of Relief:

Litigation

None

Order Duration: 1995 - 1995

Content of Injunction:

Busing

Preliminary relief denied

Student assignment

Issues

General:

Education

Emergency shelter

Individualized planning

Poverty/homelessness

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Type of Facility:

Government-run

Benefit Source:

Stewart B. McKinney Homeless Assistance Act, 42 U.S.C.A. §§ 11301 et seq.