Case: Black Parallel School Board v. Sacramento City Unified School District

2:19-cv-01768 | U.S. District Court for the Eastern District of California

Filed Date: Sept. 5, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 5, 2019, the Black Parallel School Board and three students in the Sacramento City Unified School District (SCUSD) filed a class action in United States District Court for the Eastern District of California. The plaintiffs sued SCUSD and a selection of its officers under Section 504 of the Rehabilitation Act of 1973, Title II Americans with Disabilities Act (ADA), 42 U.S.C. § 1983, Title VI of the Civil Rights Act of 1964 (Title VI), and state law. Represented by Disability Rights …

On September 5, 2019, the Black Parallel School Board and three students in the Sacramento City Unified School District (SCUSD) filed a class action in United States District Court for the Eastern District of California. The plaintiffs sued SCUSD and a selection of its officers under Section 504 of the Rehabilitation Act of 1973, Title II Americans with Disabilities Act (ADA), 42 U.S.C. § 1983, Title VI of the Civil Rights Act of 1964 (Title VI), and state law. Represented by Disability Rights California, the National Center for Youth Law, Western Center on Law and Poverty, and the Equal Justice Society, the plaintiffs sought a court order for injunctive relief against SCUSD, declaratory judgment, class certification, and attorneys' fees. Specifically, they requested that SCUSD reform its policies and procedures to identify, offer, and provide accommodations and modifications to all eligible students. The plaintiffs claimed that SCUSD created and perpetuated an unlawful school system that results in modern-day segregation and mistreatment of students with disabilities, particularly Black students with disabilities, in violation of the ADA, Rehabilitation Act, Civil Rights Act, and Fourteenth Amendment.

In 2017, the Council of Great City Schools, a coalition of 75 of the nation’s largest urban public school systems, had released a report regarding the inadequate special education accommodations in the SCUSD. In 2018, nonprofit advocacy groups expressed their disappointment regarding SCUSD’s continuing failures and demanded immediate action. The plaintiffs' class-action lawsuit claimed that SCUSD had been notified of its discriminatory conduct years ago through the 2017 report, but SCUSD had not taken effective steps to eradicate the problems.

As of October 2019, the case is ongoing.

Summary Authors

Elisabeth Ng (10/24/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/16293200/parties/black-parallel-school-board-v-sacramento-city-unified-school-district/


Attorneys(s) for Plaintiff

Claycomb, Bridget (California)

Dozier, Antionette D (California)

Harris, Michael (California)

Harris [inactive], Michael (California)

Munson, Carly Jean (California)

Paterson, Eva Jefferson (California)

Rothschild, Richard (California)

Tawatao, Rau Mona (California)

Attorneys(s) for Plaintiff

Claycomb, Bridget (California)

Dozier, Antionette D (California)

Harris, Michael (California)

Harris [inactive], Michael (California)

Munson, Carly Jean (California)

Paterson, Eva Jefferson (California)

Rothschild, Richard (California)

Tawatao, Rau Mona (California)

Documents in the Clearinghouse

Document

2:19-at-00821

Civil Docket

Black Parallel School Board et al v. Sacramento City Unified School District et al,

Sept. 5, 2019

Sept. 5, 2019

Docket
1

2:19-cv-01768

Class Action Complaint for Injunctive and Declaratory Relief

Sept. 5, 2019

Sept. 5, 2019

Complaint
1

2:19-at-00821

Class Action Complaint for Injunctive and Declaratory Relief

Black Parallel School Board et al v. Sacramento City Unified School District et al,

Sept. 5, 2019

Sept. 5, 2019

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16293200/black-parallel-school-board-v-sacramento-city-unified-school-district/

Last updated July 26, 2022, 9:35 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants by S.A., K.E., C.S. and Black Parallel School Board. (Attachments: # 1 Civil Cover Sheet)(Munson, Carly) (Entered: 09/06/2019)

Sept. 5, 2019

Sept. 5, 2019

Clearinghouse
2

PAYMENT FILING FEE (Filing fee $ 400, receipt number 0972-8445541) (Munson, Carly) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

PACER
3

SUMMONS ISSUED as to *Jorge A. Aguilar, Christine A. Baeta, Leticia Garcia, Michael Minnick, Lisa Murawski, Christina Pritchett, Jessie Ryan, Sacramento City Unified School District, Sacramento City Unified School District Board of Education, Mai Vang, Darrel Woo* with answer to complaint due within *21* days. Attorney *Carly J. Munson* *Disability Rights California* *1831 K Street* *Sacramento, California 95811*. (Reader, L) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
4

CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent Form, # 2 VDRP) (Reader, L) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
5

STIPULATION Regarding Extension of Time to Respond to Complaint by defendants. Attorney Simmons, Sloan Robert added. (Simmons, Sloan) Modified on 9/24/2019 (Kaminski, H). (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
6

NOTICE of APPEARANCE by Lauren Misako Lystrup on behalf of S. A., Black Parallel School Board, K. E., C. S.. Attorney Lystrup, Lauren Misako added. (Lystrup, Lauren) (Entered: 10/02/2019)

Oct. 2, 2019

Oct. 2, 2019

PACER
7

SUMMONS RETURNED EXECUTED: All Defendants on 09/10/19 (Munson, Carly) Modified on 10/17/2019 (Benson, A.). (Entered: 10/17/2019)

Oct. 17, 2019

Oct. 17, 2019

PACER
8

UNOPPOSED MOTION to PROCEED USING FICTITIOUS INITIALS and NAMES by S. A., K. E., C. S. Motion Hearing set for 11/14/2019 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: # 1 Declaration)(Munson, Carly) Modified on 10/24/2019 (Huang, H). (Entered: 10/18/2019)

Oct. 18, 2019

Oct. 18, 2019

PACER
9

PROPOSED ORDER re 8 Motion to Proceed Using Fictitious Initials and Names by S. A., K. E., C. S. (Munson, Carly) Modified on 10/24/2019 (Huang, H). (Entered: 10/18/2019)

Oct. 18, 2019

Oct. 18, 2019

PACER
10

STIPULATION and PROPOSED ORDER for Extension of Time to Respond to Complaint by all Defendants. (Simmons, Sloan) Modified on 10/24/2019 (Huang, H). (Entered: 10/21/2019)

Oct. 21, 2019

Oct. 21, 2019

PACER
11

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 10/21/2019 EXTENDING the deadline for Defendants to respond to 1 Complaint by 28 days, to 11/19/2019. (Huang, H) (Entered: 10/22/2019)

Oct. 22, 2019

Oct. 22, 2019

RECAP
12

NOTICE of GUARDIANSHIP of Minor C.S. by C. S. (Attachments: # 1 Declaration of Samuel S.)(Claycomb, Bridget) Modified on 10/28/2019 (Benson, A.). (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

PACER
13

PROPOSED ORDER re 12 Notice by C. S. (Claycomb, Bridget) Modified on 10/28/2019 (Benson, A.). (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

PACER
14

NOTICE of GUARDIANSHIP of Minor K.E. by K. E. (Attachments: # 1 Declaration of Jennifer E.)(Claycomb, Bridget) Modified on 10/28/2019 (Benson, A.). (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

PACER
15

PROPOSED ORDER re 14 Notice by K. E. (Claycomb, Bridget) Modified on 10/28/2019 (Benson, A.). (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

PACER
16

MOTION to APPOINT GUARDIAN AD LITEM Amy A. by S. A. Motion Hearing set for 12/5/2019 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: # 1 Declaration of Amy A.)(Lystrup, Lauren) Modified on 10/28/2019 (Benson, A.). (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

PACER
17

PROPOSED ORDER re 16 Motion by S. A. (Lystrup, Lauren) Modified on 10/28/2019 (Benson, A.). (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

PACER
18

ORDER signed by District Judge Troy L. Nunley on 11/5/19 GRANTING 8 Motion to Proceed Using Fictitious Initials and Names. (Coll, A) (Entered: 11/05/2019)

Nov. 5, 2019

Nov. 5, 2019

RECAP
19

ORDER signed by District Judge Troy L. Nunley on 11/5/2019 APPROVING Samuel S., as C.S.'s court-appointed guardian, on his behalf pursuant to Fed. R. Civ. P. 17(c)(1). If Samuel S.'s guardianship is terminated before C.S. attains the age of majority, C.S. shall notify the Court of the change in guardianship status within thirty (30) days of the termination and shall seek appointment of a proper replacement representative. (Becknal, R) (Entered: 11/06/2019)

Nov. 6, 2019

Nov. 6, 2019

RECAP
20

ORDER signed by District Judge Troy L. Nunley on 11/5/2019 APPROVING Jennifer E., as K.E.'s court-appointed guardian, in this action on his behalf pursuant to Fed. R. Civ. P. 17(c)(1). If Jennifer E.'s guardianship is terminated before K.E. attains the age of majority, K.E. shall notify the Court of the change in guardianship status within thirty (30) days of the termination and shall seek appointment of a proper replacement representative. Further, all parties shall refer to Jennifer E. as K.E.'s General Guardian, rather than Next Friend, in the case caption moving forward. (Becknal, R) (Entered: 11/06/2019)

Nov. 6, 2019

Nov. 6, 2019

RECAP
21

ORDER signed by District Judge Troy L. Nunley on 11/5/2019 GRANTING Plaintiff S.A.'s 16 Motion and the Court appoints Amy A. as S.A.'s Guardian ad Litem in this action.(Becknal, R) (Entered: 11/06/2019)

Nov. 6, 2019

Nov. 6, 2019

RECAP
22

THIRD STIPULATION and PROPOSED ORDER re Extension of Time to Respond to Complaint by Jorge A. Aguilar, et al. (Simmons, Sloan) Modified on 11/18/2019 (Huang, H). (Entered: 11/15/2019)

Nov. 15, 2019

Nov. 15, 2019

PACER
23

THIRD STIPULATION and ORDER signed by District Judge Troy L. Nunley on 11/18/19 EXTENDING the deadline to 12/20/2019 for the District to respond to the Complaint. (Mena-Sanchez, L) (Entered: 11/18/2019)

Nov. 18, 2019

Nov. 18, 2019

RECAP
24

JOINT MOTION to STAY by Jorge A. Aguilar, et al., (Simmons, Sloan) Modified on 12/20/2019 (Krueger, M). (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
25

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 12/20/19 TEMPORARILY STAYING this action for 7 months; EXCUSING the parties from complying with 4 Initial Pretrial Scheduling Order; DIRECTING the parties to file an initial status report with 90 days with a subsequent status report due 90 days after that so long as this stay remains in effect. The Defendants are not required to file a responsive pleading until 30 days after any stay in this action is lifted. (Coll, A) (Entered: 12/20/2019)

Dec. 20, 2019

Dec. 20, 2019

RECAP
26

Stipulation and Proposed Order

March 18, 2020

March 18, 2020

PACER
27

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 3/19/2020 EXTENDING the deadline for the parties to file their initial joint status report to 4/2/2020. (Mena-Sanchez, L)

March 19, 2020

March 19, 2020

RECAP
28

Status Report

April 2, 2020

April 2, 2020

PACER
29

Notice of Appearance

April 24, 2020

April 24, 2020

PACER
30

Notice of Appearance

April 24, 2020

April 24, 2020

PACER
31

Status Report

July 1, 2020

July 1, 2020

PACER
32

Notice of Appearance

July 8, 2020

July 8, 2020

PACER
33

Notice - Other

July 10, 2020

July 10, 2020

PACER
34

ORDER signed by District Judge Troy L. Nunley on 7/14/20 ORDERING that this action is temporarily stayed for six months for all purposes to enable the Parties to focus on and engage in settlement efforts. (Kaminski, H)

July 14, 2020

July 14, 2020

RECAP
35

Notice - Other

July 20, 2020

July 20, 2020

PACER
36

Status Report

Aug. 13, 2020

Aug. 13, 2020

PACER
37

Status Report

Sept. 28, 2020

Sept. 28, 2020

PACER
38

Status Report

Nov. 30, 2020

Nov. 30, 2020

PACER
39

Motion to Stay

Jan. 6, 2021

Jan. 6, 2021

PACER
40

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 1/6/2021 ORDERING that: 1) This action is temporarily STAYED for five more months for all purposes to enable the Parties to focus on and engage in settlement efforts; 2) While this stay is in effect, the Parties are excused from complying with this Court's Initial Pretrial Scheduling Order (ECF No. 4); 3) While this stay is in effect, the Defendants are not required to file a responsive pleading until 30 days after any stay in this action is lifted; and the Parties shall file a status report no later than 75 days from the date of this Order and file a subsequent status report every 75 days thereafter so long as this stay remains in effect unless otherwise ordered by the Court. CASE STAYED. (Tupolo, A)

Jan. 7, 2021

Jan. 7, 2021

RECAP
41

Status Report

March 23, 2021

March 23, 2021

PACER
42

Notice of Appearance

June 1, 2021

June 1, 2021

PACER
43

Status Report

June 1, 2021

June 1, 2021

PACER
44

Motion to Stay

June 1, 2021

June 1, 2021

PACER
45

ORDER signed by District Judge Troy L. Nunley on 6/2/21 ORDERING this action is temporarily STAYED for four months. While this stay is in effect, the Parties are excused from complying with this Court's Initial Pretrial Scheduling Order. Whil e this stay is in effect, the Defendants are not required to file a responsive pleading until 30 days after any stay in this action is lifted. The Parties shall file a status report no later than 75 days from the date of this order, file a second status report 75 days after the first status report, and file a subsequent status report every 75 days thereafter so long as this stay remains in effect unless otherwise ordered by the Court. (Kastilahn, A)

June 2, 2021

June 2, 2021

RECAP
46

Status Report

Aug. 16, 2021

Aug. 16, 2021

PACER
47

Motion to Stay

Sept. 27, 2021

Sept. 27, 2021

PACER
48

ORDER signed by District Judge Troy L. Nunley on 9/27/21 ORDERING that this action is temporarily STAYED for four months, to 2/4/22, for all purposes to enable the Parties to focus on and engage in settlement efforts. While this stay is in effect, t he Parties are excused from complying with this Court's 4 Initial Pretrial Scheduling Order. While this stay is in effect, the Defendants are not required to file a responsive pleading until 30 days after any stay in this action is lifted. (Kastilahn, A)

Sept. 28, 2021

Sept. 28, 2021

RECAP
49

Motion to Stay

Jan. 27, 2022

Jan. 27, 2022

PACER
50

ORDER signed by District Judge Troy L. Nunley on 1/27/2022 ORDERING that this action is temporarily STAYED for three months, to 5/4/2022, for all purposes to enable the Parties to focus on and engage in settlement efforts. While this stay is in effec t, the Parties are excused from complying with this Court's 4 Initial Pretrial Scheduling Order. While this stay is in effect, the Defendants are not required to file a responsive pleading until 30 days after any stay in this action is lifted. (Krueger, M)

Jan. 27, 2022

Jan. 27, 2022

RECAP
51

Notice - Other

April 21, 2022

April 21, 2022

PACER
52

Stipulation and Proposed Order

April 27, 2022

April 27, 2022

PACER
53

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 4/28/2022 ORDERING that This action is temporarily STAYED for three months, to 8/4/2022, for all purposes to enable the Parties to focus on and engage in settlement efforts; While t his stay is in effect, the Parties are excused from complying with this Court's 4 Initial Pretrial Scheduling Order; and While this stay is in effect, the Defendants are not required to file a responsive pleading until 30 days after any stay in this action is lifted. (Mena-Sanchez, L)

April 28, 2022

April 28, 2022

RECAP
54

Notice - Other

May 2, 2022

May 2, 2022

PACER
55

Designation of Counsel

May 2, 2022

May 2, 2022

PACER
56

Notice of Appearance

May 26, 2022

May 26, 2022

PACER
57

Notice - Other

June 9, 2022

June 9, 2022

PACER
58

Notice of Appearance

June 10, 2022

June 10, 2022

PACER
59

Notice (Other)

June 13, 2022

June 13, 2022

PACER

Case Details

State / Territory: California

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 5, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Black Parallel School Board and students in the Sacramento City Unified School District (SCUSD).

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

National Center for Youth Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Sacramento City Unified School District (Sacramento, Sacramento), School District

Sacramento City Unified School District Board of Education (Sacramento, Sacramento), School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

State law

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Protection and Advocacy of Individual Rights (PAIR), 29 U.S.C. § 794e

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Access to public accommodations - governmental

Disparate Impact

Disparate Treatment

Education

Effective Communication (ADA)

Failure to train

Individualized planning

Pattern or Practice

Racial segregation

Reasonable Accommodations

Reasonable Modifications

Record-keeping

Special education

Staff (number, training, qualifications, wages)

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

Race discrimination

Race:

Black

Disability:

disability, unspecified

Integrated setting

Least restrictive environment

Mental impairment

Medical/Mental Health:

Intellectual/Developmental Disability

Intellectual disability/mental illness dual diagnosis

Type of Facility:

Government-run