Case: Coalition for Equity and Excellence in Maryland Higher Education, Inc. v. Maryland Higher Education Commission

1:06-cv-02773 | U.S. District Court for the District of Maryland

Filed Date: Oct. 23, 2006

Closed Date: June 2, 2021

Clearinghouse coding complete

Case Summary

This is a case about how the Maryland Higher Education Commission, a division of the Maryland Department of Higher Education, must treat historically Black colleges & universities (HBCUs) in relation to typically White institutions (TWIs). On October 23, 2006, a non-profit corporation comprising current and former students and staff at HBCUs, called the Coalition for Equity and Excellence in Maryland Higher Education, Inc., filed this lawsuit in the U.S. District Court for the District of Maryland. The Coalition sued the State of Maryland, the Department of Higher Education, the Maryland Higher Education Commission, and their respective leaders. Represented by private counsel, along with the U.S. Department of Justice, the plaintiff sought declaratory and injunctive relief to enjoin the State of Maryland from continuing discriminatory practices with relation to higher education institutions. The plaintiff asserted that the State violated Title VI of the Civil Rights Act of 1964, the Equal Protection Clause of the Fourteenth Amendment, and a previously negotiated ‘Partnership Agreement’ between the parties involved in this suit by failing to provide equal treatment to HBCUs and by the practice of unnecessarily duplicating programs from HBCUs at nearby TWIs; the latter charge alleges that recreating unique programs from HBCUs at geographically proximate TWIs undermines the value of the HBCUs’ programs, emphasizes a ‘separate but equal’ higher education structure, and puts the schools in competition with a clear preference for TWIs.

On January 30, 2007, District Judge Catherine C. Blake stayed and administratively closed the case until a time when the plaintiffs were prepared to move forward with litigation. On January 29, 2008, the case was reopened in accordance with the stipulations of the stay. On May 2, 2008, Judge Blake granted the plaintiffs’ motion for class certification; however, on August 25, 2008, the plaintiffs withdrew their motion for class certification due to a belief that pending discovery on the merits would likely settle any dispute as to the necessity of class certification.

On August 20, 2008, Judge Blake granted the defendants’ motion for summary judgment as to a breach of contract cause of action on the grounds that it was not a binding contract that the plaintiffs could enforce; however, the federal claims proceeded. This was reflected in the plaintiff’s fourth, and final, amended complaint on September 15, 2010, which laid out the claims as were previously described. In the following years, additional discovery and several hearings proceeded. On June 29, 2015, Judge Blake ordered that the defendants were liable for unnecessary program duplication, though this order was appealable.

Between December 13 and 27, 2017, the plaintiff’s complaints against all of the defendants were consolidated and appealed to the U.S. Court of Appeals for the Fourth Circuit. Shortly thereafter, the court ordered the parties to name a Special Master to aid in the development of a plan to carry out the court’s orders relating to injunctive relief. The Court of Appeals advised the parties to settle this matter out of court, finding that further litigation would tend to be expensive and unnecessarily burdensome to the state of Maryland and its higher education institutions.

On May 6, 2021, the plaintiff and defendants jointly requested that the case be remanded to the district court in order to effectuate a settlement based on emergency legislation from Maryland’s General Assembly. On May 11, 2021, the parties agreed to a settlement in the amount of $577,000,000; the settlement agreement stipulated that the defendants would pay the plaintiffs’ attorney’s fees and bring an end to de jure segregation in Maryland higher education by providing for a funding scheme and programs aimed at bringing about parity between HBCUs and TWIs. The funding is to be aimed towards expanding and developing academic programs, improving faculty, and providing scholarships; this funding cannot be used to reduce the budget for HBCUs in the future. In return, the plaintiff agreed to dismiss the case. The following day, Judge Blake approved of the settlement agreement, on the grounds that it served the public interest and brought about a resolution to the issue, and dismissed the case with prejudice.

	Document
1:06-cv-02773	Docket [PACER]	June 2, 2021	June 2, 2021 Docket
2 1:06-cv-02773 24-C06.008137	Complaint for Mandamus, a Declaratory Judgment and Preliminary and Permanent Injunctive Relief Coalition for Equity and Excellence in Maryland Higher Education v. Ehrlich Maryland state trial court	Oct. 23, 2006	Oct. 23, 2006 Complaint
19 1:06-cv-02773	Order Staying and Administratively Closing Case Coalition for Equity and Excellence in Maryland Higher Education v. Ehrlich	Jan. 30, 2007	Jan. 30, 2007 Order/Opinion
29 1:06-cv-02773	Plaintiffs' Motion to Reopen The Coalition for Equity and Excellence in Maryland Higher Education v. Maryland Higher Education Commission	Jan. 31, 2008	Jan. 31, 2008 Pleading / Motion / Brief
44 1:06-cv-02773	Memorandum and Order Coalition for Equity and Excellence in Maryland Higher Education v. Ehrlich	April 1, 2008	April 1, 2008 Order/Opinion
47-2 1:06-cv-02773	Order for Class Certification The Coalition for Equity and Excellence in Maryland Higher Education, Inc. v. Maryland Higher Education Commission	May 2, 2008	May 2, 2008 Order/Opinion
57 1:06-cv-02773	Memorandum and Order Re: Contract Claim Coalition for Equity and Excellence in Maryland Higher Education v. Maryland Higher Education Commission	Aug. 20, 2008	Aug. 20, 2008 Order/Opinion
59 1:06-cv-02773	Plaintiffs' Motion to Withdraw Request for Class Certification The Coalition for Equity and Excellence in Maryland Higher Education, Inc. v. Maryland Higher Education Commission	Aug. 27, 2008	Aug. 27, 2008 Order/Opinion
165 1:06-cv-02773	Fourth Amended Complaint The Coalition for Equity and Excellence in Maryland Higher Education, Inc. v. Maryland Higher Education Commission	Sept. 15, 2010	Sept. 15, 2010 Complaint
242 1:06-cv-02773	Memorandum The Coalition for Equity and Excellence in Maryland Higher Education, Inc. v. Maryland Higher Education Commission	June 6, 2011	June 6, 2011 Order/Opinion 2011 WL 2011

ECF Number	Description	Date	Link Date / Link
1	NOTICE OF REMOVAL from Circuit Court for Baltimore City, Maryland, case number 24-C-06-008137 OG. ( Filing fee $ 350 receipt number 14637012173), filed by Kevin M. O'Keefe, Calvin W. Burnett, Robert L. Ehrlich, Jr, State Of Maryland. (Attachments: # 1 Civil Cover Sheet)(ljs, Deputy Clerk). (Entered: 10/23/2006)	Oct. 23, 2006	Oct. 23, 2006 PACER
	Jury Demand	Oct. 23, 2006	Oct. 23, 2006 PACER
2	COMPLAINT against Maryland Higher Education Commission, Kevin M. O'Keefe, Calvin W. Burnett, Robert L. Ehrlich, Jr, State Of Maryland, filed by Coalition for Equity and Excellence in Maryland Higher Education, Sally C. McMillan, Tina M. Vines.(ljs, Deputy Clerk) (Entered: 10/23/2006)	Oct. 23, 2006	Oct. 23, 2006 RECAP
	Remark	Oct. 23, 2006	Oct. 23, 2006 PACER
	Jury Trial Demand by Coalition for Equity and Excellence in Maryland Higher Education, Sally C. McMillan, Tina M. Vines. (ljs, Deputy Clerk)	Oct. 23, 2006	Oct. 23, 2006 PACER
3	Summons Issued 30 days as to Maryland Higher Education Commission, Kevin M. O'Keefe, Calvin W. Burnett, State Of Maryland. (ljs, Deputy Clerk) (Entered: 10/23/2006)	Oct. 23, 2006	Oct. 23, 2006 PACER
4	NOTICE of Filing of Notice of Removal by Maryland Higher Education Commission, Kevin M. O'Keefe, Calvin W. Burnett, Robert L. Ehrlich, Jr, State Of Maryland (ljs, Deputy Clerk) (Entered: 10/23/2006)	Oct. 23, 2006	Oct. 23, 2006 PACER
	The above pleadings 2 through 4 are copies filed in the Circuit Court for Baltimore City, Maryland (ljs, Deputy Clerk)	Oct. 23, 2006	Oct. 23, 2006 PACER
5	Correspondence re: Removal Notification Letter (c/m Johnson) (ljs, Deputy Clerk) (Entered: 10/23/2006)	Oct. 23, 2006	Oct. 23, 2006 PACER
6	Standing ORDER re: Removal (c/m Johnson). Signed by Judge Marvin J. Garbis on 10/23/06. (ljs, Deputy Clerk) (Entered: 10/23/2006)	Oct. 23, 2006	Oct. 23, 2006 PACER
7	Local Rule 103.3 Disclosure Statement by Maryland Higher Education Commission, Robert L. Ehrlich, Jr. (Attachments: # 1 Certificate of Service)(Sullivan, Steven) (Entered: 10/23/2006)	Oct. 23, 2006	Oct. 23, 2006 PACER
8	NOTICE of Appearance by Anne Love Donahue on behalf of Maryland Higher Education Commission, Kevin M. O'Keefe, Calvin W. Burnett, Robert L. Ehrlich, Jr, State Of Maryland (Donahue, Anne) (Entered: 10/31/2006)	Oct. 31, 2006	Oct. 31, 2006 PACER
9	NOTICE of Appearance by Derek Gerrod Challenger on behalf of all plaintiffs (Challenger, Derek) (Entered: 11/01/2006)	Nov. 1, 2006	Nov. 1, 2006 PACER
10	RESPONSE re 6 Order [Statement Pursuant to Standing Order] filed by Maryland Higher Education Commission, Kevin M. O'Keefe, Calvin W. Burnett, Robert L. Ehrlich, Jr, State Of Maryland. (Donahue, Anne) (Entered: 11/02/2006)	Nov. 2, 2006	Nov. 2, 2006 PACER
11	MOTION for Extension of Time to File Response/Reply by Maryland Higher Education Commission, Kevin M. O'Keefe, Calvin W. Burnett, Robert L. Ehrlich, Jr, State Of Maryland.Responses due by 11/27/2006 (Donahue, Anne) (Entered: 11/06/2006)	Nov. 6, 2006	Nov. 6, 2006 PACER
12	PAPERLESS ORDER GRANTING 11 Motion for Extension of Time to File Response to Complaint extended until December 9, 2006. Signed by Judge Marvin J. Garbis on 11/06/06. (Garbis, Marvin) (Entered: 11/07/2006)	Nov. 7, 2006	Nov. 7, 2006 PACER
	In Chambers Conference	Nov. 17, 2006	Nov. 17, 2006 PACER
	In Chambers Conference held on 11/17/2006 before Judge Marvin J. Garbis. (jlb, Deputy Clerk)	Nov. 17, 2006	Nov. 17, 2006 PACER
13	SCHEDULING ORDER:. Signed by Judge Marvin J. Garbis on 12/4/06. (jlb, Deputy Clerk) Additional attachment(s) added on 12/12/2006 (jlb, Deputy Clerk). (Entered: 12/05/2006)	Dec. 5, 2006	Dec. 5, 2006 PACER
14	ANSWER to Complaint by Maryland Higher Education Commission, Kevin M. O'Keefe, Calvin W. Burnett, Robert L. Ehrlich, Jr, State Of Maryland.(Donahue, Anne) (Entered: 12/11/2006)	Dec. 11, 2006	Dec. 11, 2006 PACER
15	MOTION to Dismiss and/or for Summary Judgment. Responses due by 12/28/2006 (Attachments: # 1 Memorandum in Support# 2 Affidavit Affidavit of David E. Sumler# 3 Text of Proposed Order proposed Order)(Donahue, Anne) (Entered: 12/11/2006)	Dec. 11, 2006	Dec. 11, 2006 PACER
16	MOTION for Extension of Time to File Response/Reply by Coalition for Equity and Excellence in Maryland Higher Education.Responses due by 1/4/2007 (Attachments: # 1 Text of Proposed Order)(Challenger, Derek) (Entered: 12/18/2006)	Dec. 18, 2006	Dec. 18, 2006 PACER
17	PAPERLESS ORDER GRANTING 16 Motion for Extension of Time to File Response/Reply re 15 MOTION to Dismiss and/or for Summary Judgment. Responses due by 1/30/2007 Replies due by 2/13/2007.Signed by Judge Marvin J. Garbis on 12/19/06. (Garbis, Marvin) (Entered: 12/19/2006)	Dec. 19, 2006	Dec. 19, 2006 PACER
	Telephone Conference	Jan. 26, 2007	Jan. 26, 2007 PACER
	Telephone Conference held on 1/26/2007 before Judge Marvin J. Garbis. (hml, Deputy Clerk)	Jan. 26, 2007	Jan. 26, 2007 PACER
18	ORDER re: Counsel for plaintiff. Signed by Judge Marvin J. Garbis on 1/30/07. (jnl, Deputy Clerk) (c/m 1/30/07 chambers) Modified on 1/31/2007 (jnl, Deputy Clerk). (Entered: 01/31/2007)	Jan. 30, 2007	Jan. 30, 2007 PACER
19	ORDER staying and administratively closing case. Signed by Judge Marvin J. Garbis on 1/30/07. (c/m 1/30/07 chambers)(jnl, Deputy Clerk) (Entered: 01/31/2007)	Jan. 30, 2007	Jan. 30, 2007 RECAP
20	(FILED IN ERROR) AMENDED COMPLAINT against all defendants, filed by Coalition for Equity and Excellence in Maryland Higher Education.(Dashiell, Robert) Modified on 1/7/2008 (hml, Deputy Clerk). (Entered: 12/31/2007)	Dec. 31, 2007	Dec. 31, 2007 PACER
21	MOTION to Reopen Case. Responses due by 1/17/2008 (Dashiell, Robert) (Entered: 12/31/2007)	Dec. 31, 2007	Dec. 31, 2007 PACER
22	MOTION to Appear Pro Hac Vice for Raymond D. Kolhman. Filing fee $ 50. (Attachments: # 1 Exhibit Resume, # 2 Affidavit, # 3 Exhibit Declaration)(Dashiell, Robert) Modified on 1/7/2008 (hml, Deputy Clerk). (Entered: 12/31/2007)	Dec. 31, 2007	Dec. 31, 2007 PACER
23	(FILED IN ERROR) MOTION for Leave to File Amended Complaint. Responses due by 1/17/2008 (Dashiell, Robert) (hml, Deputy Clerk). Modified on 1/15/2008 (hml, Deputy Clerk). (Entered: 12/31/2007)	Dec. 31, 2007	Dec. 31, 2007 PACER
24	NOTICE of Appearance by Anne Love Donahue on behalf of Maryland Higher Education Commission, Kevin M. O'Keefe, Calvin W. Burnett, Robert L. Ehrlich, Jr, State Of Maryland (Donahue, Anne) (Entered: 01/10/2008)	Jan. 10, 2008	Jan. 10, 2008 PACER
25	RESPONSE to Motion re 22 MOTION to Appear Pro Hac Vice for Raymond D. Kolhman filed by Maryland Higher Education Commission, Kevin M. O'Keefe, Calvin W. Burnett, Robert L. Ehrlich, Jr, State Of Maryland. Replies due by 1/31/2008. (Donahue, Anne) Modified on 1/17/2008 (hml, Deputy Clerk). (Entered: 01/17/2008)	Jan. 17, 2008	Jan. 17, 2008 PACER
26	RESPONSE to Motion re 23 MOTION for Leave to File Amended Complaint Response to Plaintiffs' Motion for Leave to File an Amended Complaint filed by Maryland Higher Education Commission, Kevin M. O'Keefe, Calvin W. Burnett, Robert L. Ehrlich, Jr, State Of Maryland. Replies due by 1/31/2008. (Donahue, Anne) (Entered: 01/17/2008)	Jan. 17, 2008	Jan. 17, 2008 PACER
27	RESPONSE to Motion re 21 MOTION to Reopen Case Response to Plaintiffs' Motion to Reopen filed by Maryland Higher Education Commission, Kevin M. O'Keefe, Calvin W. Burnett, Robert L. Ehrlich, Jr, State Of Maryland. Replies due by 1/31/2008. (Donahue, Anne) (Entered: 01/17/2008)	Jan. 17, 2008	Jan. 17, 2008 PACER
28	MOTION to Amend/Correct complaint by Coalition for Equity and Excellence in Maryland Higher Education Responses due by 2/19/2008 (Attachments: # 1 Exhibit marked complaint, # 2 Exhibit amended complaint)(Dashiell, Robert) (Entered: 01/30/2008)	Jan. 30, 2008	Jan. 30, 2008 PACER
29	Marginal ORDER granting 21 Motion to Reopen Case. Signed by Judge Marvin J. Garbis on 1/29/08. (hml, Deputy Clerk) (Entered: 01/31/2008)	Jan. 31, 2008	Jan. 31, 2008 RECAP
30	Marginal ORDER denying 22 Motion to Appear Pro Hac Vice for attorney Raymond D. Kohlman on behalf of plaintiffs. Signed by Judge Marvin J. Garbis on 1/31/08. (hml, Deputy Clerk) (Entered: 02/04/2008)	Jan. 31, 2008	Jan. 31, 2008 PACER
31	Amended MOTION to Appear Pro Hac Vice for Raymond D. Kohlman on behalf of Coalition for Equity and Excellence in Maryland Higher Education Robert Dashiell Filing fee $ 50, receipt number 04160000000001634416. by Coalition for Equity and Excellence in Maryland Higher Education (Dashiell, Robert) (Entered: 02/08/2008)	Feb. 8, 2008	Feb. 8, 2008 PACER
32	PAPERLESS ORDER granting 31 Motion to Appear Pro Hac Vice for attorney Raymond D Kohlman on behalf of Coalition for Equity and Excellence in Maryland Higher Education. Directing attorney Raymond D Kohlman to register on-line for CM/ECF at http://www.mdd.uscourts.gov/attorney/registration.asp.. Signed by Clerk on 2/11/08. (cmns, Deputy Clerk) (Entered: 02/11/2008)	Feb. 11, 2008	Feb. 11, 2008 PACER

Case: Coalition for Equity and Excellence in Maryland Higher Education, Inc. v. Maryland Higher Education Commission

1:06-cv-02773 | U.S. District Court for the District of Maryland

Case Summary

People

Documents in the Clearinghouse

Docket

Case Details