Case: Lampkin v. District of Columbia

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

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/9285147/parties/lampkin-v-dc/


Judge(s)

Buckley, David W. (District of Columbia)

Attorney for Plaintiff

Dent, Kerrie C. (District of Columbia)

Foscarinis, Maria (District of Columbia)

Attorney for Defendant

Alexander, Robin C. (District of Columbia)

Blustein, Benjamin Jay (Illinois)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

1:92-cv-00910

Docket [PACER]

Oct. 6, 1995

Oct. 6, 1995

Docket
19

1:92-cv-00910

Memorandum Opinion

June 9, 1992

June 9, 1992

Order/Opinion

1992 WL 151813

92-07143

Opinion

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

July 1, 1994

July 1, 1994

Order/Opinion

27 F.3d 605

58

1:92-cv-00910

Memorandum Opinion

March 7, 1995

March 7, 1995

Order/Opinion

879 F.Supp. 116

83

1:92-cv-00910

Memorandum Opinion and Order

May 4, 1995

May 4, 1995

Order/Opinion

886 F.Supp. 56

Docket

See docket on RECAP: https://www.courtlistener.com/docket/9285147/lampkin-v-dc/

Last updated July 29, 2026, 4:58 a.m.

Docket for: LAMPKIN v. DC
ECF Number Date Description Link
1 April 15, 1992

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

PACER
2 April 15, 1992

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

PACER
3 April 15, 1992

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

PACER
4 April 16, 1992

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)

PACER
5 April 27, 1992

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)

PACER
7 April 28, 1992

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)

PACER
6 May 1, 1992

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)

PACER
8 May 1, 1992

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)

PACER
10 May 1, 1992

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)

PACER
11 May 1, 1992

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)

PACER
13 May 5, 1992

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)

PACER
12 May 6, 1992

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)

PACER
May 6, 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)

PACER
14 May 15, 1992

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

PACER
15 May 15, 1992

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)

PACER
16 May 22, 1992

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)

PACER
17 June 3, 1992

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

PACER
18 June 9, 1992

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)

PACER
19 June 9, 1992

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

Clearinghouse
20 July 2, 1992

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)

PACER
July 7, 1992

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

PACER
July 22, 1992

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

PACER
22 Aug. 22, 1994

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)

PACER
21 Aug. 26, 1994

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

PACER
Aug. 26, 1994

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

PACER
Aug. 26, 1994

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

PACER
24 Sept. 12, 1994

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

PACER
25 Sept. 20, 1994

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)

PACER
26 Sept. 21, 1994

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)

PACER
27 Sept. 21, 1994

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

PACER
28 Sept. 23, 1994

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)

PACER
29 Sept. 23, 1994

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

PACER
Sept. 23, 1994

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

PACER
30 Sept. 26, 1994

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)

PACER
31 Sept. 26, 1994

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

PACER
32 Sept. 27, 1994

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

PACER
33 Sept. 27, 1994

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)

PACER
34 Sept. 29, 1994

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)

PACER
Oct. 5, 1994

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

PACER
35 Oct. 19, 1994

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)

PACER
36 Oct. 26, 1994

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)

PACER
37 Nov. 4, 1994

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

PACER
39 Nov. 18, 1994

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)

PACER
40 Nov. 18, 1994

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

PACER
41 Nov. 18, 1994

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)

PACER
42 Nov. 21, 1994

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)

PACER
43 Nov. 21, 1994

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

PACER
44 Nov. 30, 1994

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)

PACER
45 Dec. 2, 1994

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)

PACER
46 Dec. 5, 1994

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)

PACER
47 Dec. 5, 1994

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)

PACER
48 Dec. 12, 1994

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

PACER
49 Dec. 19, 1994

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)

PACER
50 Dec. 19, 1994

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)

PACER
51 Jan. 3, 1995

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

PACER
52 Feb. 22, 1995

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)

PACER
53 Feb. 22, 1995

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

PACER
55 Feb. 24, 1995

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)

PACER
56 Feb. 24, 1995

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)

PACER
Feb. 28, 1995

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

PACER
57 March 1, 1995

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)

PACER
58 March 7, 1995

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

Clearinghouse
59 March 7, 1995

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)

PACER
60 March 16, 1995

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)

PACER
61 March 16, 1995

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)

PACER
67 March 16, 1995

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

PACER
March 16, 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)

PACER
62 March 17, 1995

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)

PACER
63 March 21, 1995

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)

PACER
64 March 21, 1995

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)

PACER
65 March 21, 1995

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)

PACER
66 March 21, 1995

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)

PACER
March 21, 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)

PACER
68 March 24, 1995

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)

PACER
69 March 24, 1995

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)

PACER
70 March 24, 1995

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

PACER
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)

PACER
71 March 28, 1995

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)

PACER
72 March 28, 1995

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)

PACER
73 March 31, 1995

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)

PACER
74 April 5, 1995

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)

PACER
75 April 10, 1995

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

PACER
76 April 12, 1995

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)

PACER
77 April 14, 1995

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)

PACER
78 April 17, 1995

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

PACER
79 April 18, 1995

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)

PACER
80 April 27, 1995

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)

PACER
81 April 28, 1995

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)

PACER
82 May 3, 1995

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)

PACER
83 May 4, 1995

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)

Clearinghouse
84 May 31, 1995

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

PACER
85 May 31, 1995

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

PACER
86 June 1, 1995

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

PACER
87 June 14, 1995

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

PACER
88 June 16, 1995

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)

PACER
89 June 26, 1995

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)

PACER
90 July 6, 1995

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)

PACER
91 July 7, 1995

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)

PACER
92 July 12, 1995

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)

PACER
93 July 19, 1995

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)

PACER

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

School District

D.C. Public Schools

State

District of Columbia

Defendant Type(s):

Elementary/Secondary School

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Other Dockets:

District of District of Columbia 1:92-cv-00910

U.S. Court of Appeals for the District of Columbia Circuit 92-07143

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

Injunction / Injunctive-like Settlement

None

Source of Relief:

Litigation

None

Content of Injunction:

Busing

Preliminary relief denied

Student assignment

Order Duration: 1995 - 1995

Issues

General/Misc.:

Education

Emergency shelter

Individualized planning

Poverty/homelessness

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

Benefits (Source):

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

Recommended Citation