Case: Smith v. Berkeley Unified School District

4:04-cv-03306 | U.S. District Court for the Northern District of California

Filed Date: Aug. 13, 2004

Closed Date: March 4, 2011

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Case Summary

Three named plaintiffs (each a minor, acting through their parents) were African American and Latino students who had attended, but had been expelled or indefinitely excluded from, comprehensive middle school or high school in the Berkeley Unified School District. Citing 42 U.S.C. § 1983, the plaintiffs brought litigation in the U.S. District Court for the Northern District of California on August 13, 2004, against the Berkeley Unified School District (the "District"), the Berkeley Board of Ed…

Plaintiffs alleged that the defendants, pursuant to a policy and practice of unlawfully infringing upon the constitutional due process and statutory rights of plaintiffs, wrongfully and arbitrarily excluded them from school or wrongfully and arbitrarily reassigned them from comprehensive school programs to county community schools, continuation schools, home-hospital instruction programs, and independent study programs for the alleged violations of student conduct rules. These policies, according to plaintiffs, had a disparate negative impact and arbitrarily and discriminatorily excluded African American and Latino students from comprehensive school programs by assigning them to non-comprehensive alternative programs. Plaintiffs alleged that defendants' policies and practices denied plaintiffs their right to equal protection under the Fourteenth Amendment to the United States, as well as denying plaintiffs' state constitutional, statutory, and regulatory rights. They sought declaratory and injunctive relief, damages, class action status for their case, and payment of attorneys' fees and costs. The plaintiff class was defined as African Americans and Latinos self-identified as such in official records who have been students in the Berkeley Unified School District and who have been involuntarily excluded from comprehensive school or involuntarily reassigned from comprehensive school programs to non-comprehensive alternative programs for alleged violations of the District's student conduct rules without having received appropriate due process of law.

By December 2004, a mediator had been assigned to the case and subsequent settlement discussions resulted in a March 2005 proposed consent decree and provisional certification of a settlement class. Magistrate Judge Wayne Brazil preliminarily approved the settlement and class certification on May 17, 2005. After a final fairness hearing, Magistrate Judge Brazil signed the stipulated judgment and order certifying the class, designating class representatives, and appointing class counsel on August 17, 2005.

The settlement provided for means of identifying and contacting potential class members and offering them immediate reinstatement in the district's schools, if they remained otherwise eligible. Each individual class member would receive an individualized education plan setting out how the district would aid the student in earning credits and provide compensatory educational services to the student. Students found to have been unlawfully excluded from the district's school would have their records expunged or modified to reflect the exclusion was unlawful. A monitoring committee would ensure that policies, practices and training programs were adopted to prevent unlawful exclusion of students in the future, and would be provided data by the district to enable addressing racial or ethnic disproportionality in school discipline. A dispute resolution process and a students' rights monitoring committee were established by the settlement. The agreement called for the monitoring committee to make quarterly reports to the court on district compliance. The agreement set out a three-year time frame, after which the district could move for termination of the decree if it believed it had complied sufficiently. A compliance hearing by the court would independently assess compliance, however. Finally, the consent decree called for defendants to make payment of $50,000 as plaintiffs' attorneys' fees and costs.

On March 4, 2011 the Court granted the parties' Joint Motion to lift the Consent Decree and terminate the litigation.

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Summary Authors

Joshua Arocho (6/5/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5725708/parties/smith-v-the-board-of-education-of-the-berkeley-unified-school-district/

Judge(s)

Brazil, Wayne D. (California)

Attorney for Plaintiff

Abrams, William F. (California)

Dunn, Molly Lorraine (California)

Koski, William Sheldon (California)

Nohle, Peter H. (California)

Attorney for Defendant

Judge(s)

Brazil, Wayne D. (California)

Wilkin, Claudia (California)

Attorney for Plaintiff

Abrams, William F. (California)

Dunn, Molly Lorraine (California)

Koski, William Sheldon (California)

Nohle, Peter H. (California)

Ruiz, Gabriela Magda (Florida)

Trillin, Abigail (California)

Attorney for Defendant

Sacks, Marleen Lee (California)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
4:04-cv-03306	Docket [PACER] Smith v. The Board of Education of the Berkeley Unified School District	March 4, 2011	March 4, 2011 Docket
1 4:04-cv-03306	Civil Rights Complaint for Declaratory Relief, Injunctive Relief and Damages Smith v. The Board of Education of the Berkeley Unified School District	Aug. 13, 2004	Aug. 13, 2004 Complaint
26 4:04-cv-03306	Order (1) Provisionally Certifying Class for Settlement Purposes, (2) Approving Parties' Proposed Notice Plan, (3) Setting Date for Fairness Hearing, (4) Preliminarily Approving Consent Decree, and (5) Conditionally Granting Attorneys' Fees Smith v. The Board of Education of the Berkeley Unified School District	May 17, 2005	May 17, 2005 Order/Opinion
31 4:04-cv-03306	Consent Decree	Aug. 5, 2005	Aug. 5, 2005 Settlement Agreement
35 4:04-cv-03306	Stipulated Judgment and Order Certifying Plaintiff Class and Designating Class Representatives and Class Counsel Smith v. The Board of Education of the Berkeley Unified School District	Aug. 17, 2005	Aug. 17, 2005 Order/Opinion
47 4:04-cv-03306	Joint Motion for Termination of Consent Decree and Request for Hearing Smith v. The Board of Education of the Berkeley Unified School District	Feb. 16, 2011	Feb. 16, 2011 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5725708/smith-v-the-board-of-education-of-the-berkeley-unified-school-district/

Last updated Jan. 4, 2026, 4:53 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT (with jury demand) against Terry S. Doran, Gerald Herrick, Shirley Issel, Michele Lawrence, Nancy Riddle, Joaquin J. Rivera, John T. Selawsky, The Board of Education of the Berkeley Unified School District (Filing fee $150, receipt number 3362967). Filed by Summer McNeil, Juan Munoz, Yarman Smith. (cjl, COURT STAFF) (Filed on 8/13/2004) Additional attachment(s) added on 9/2/2004 (cjl, COURT STAFF). (Entered: 08/17/2004) 1 pages 16 - 30 View on PACER	Aug. 13, 2004	Aug. 13, 2004
2	ADR SCHEDULING ORDER: Case Management Statement due by 12/6/2004. Case Management Conference set for 12/13/2004 04:00 PM. (Attachments: # 1 Standing Order)(cjl, COURT STAFF) (Filed on 8/13/2004) (Entered: 08/17/2004) 1 Standing Order View on PACER	Aug. 13, 2004	Aug. 13, 2004
	Summons Issued as to Shirley Issel. (cjl, COURT STAFF) (Filed on 8/13/2004)	Aug. 13, 2004	Aug. 13, 2004
	Summons Issued as to Terry S. Doran. (cjl, COURT STAFF) (Filed on 8/13/2004)	Aug. 13, 2004	Aug. 13, 2004
	Summons Issued as to Joaquin J. Rivera. (cjl, COURT STAFF) (Filed on 8/13/2004)	Aug. 13, 2004	Aug. 13, 2004
	Summons Issued as to Nancy Riddle. (cjl, COURT STAFF) (Filed on 8/13/2004)	Aug. 13, 2004	Aug. 13, 2004
	Summons Issued as to John T. Selawsky. (cjl, COURT STAFF) (Filed on 8/13/2004)	Aug. 13, 2004	Aug. 13, 2004
	Summons Issued as to Michele Lawrence. (cjl, COURT STAFF) (Filed on 8/13/2004)	Aug. 13, 2004	Aug. 13, 2004
	Summons Issued as to Gerald Herrick. (cjl, COURT STAFF) (Filed on 8/13/2004)	Aug. 13, 2004	Aug. 13, 2004
	Summons Issued as to The Board of Education of the Berkeley Unified School District. (cjl, COURT STAFF) (Filed on 8/13/2004)	Aug. 13, 2004	Aug. 13, 2004
	CASE DESIGNATED for Electronic Filing. (cjl, COURT STAFF) (Filed on 8/13/2004)	Aug. 13, 2004	Aug. 13, 2004
3	Defendants' ANSWER to Complaint by Terry S. Doran, Gerald Herrick, Shirley Issel, Michele Lawrence, Nancy Riddle, Joaquin J. Rivera, John T. Selawsky, The Board of Education of the Berkeley Unified School District. (Sacks, Marleen) (Filed on 10/15/2004) (Entered: 10/15/2004)	Oct. 15, 2004	Oct. 15, 2004
4	CERTIFICATE OF SERVICE by Terry S. Doran, Gerald Herrick, Shirley Issel, Michele Lawrence, Nancy Riddle, Joaquin J. Rivera, John T. Selawsky, The Board of Education of the Berkeley Unified School District Defendants' Answer to Complaint (Sacks, Marleen) (Filed on 10/15/2004) (Entered: 10/15/2004)	Oct. 15, 2004	Oct. 15, 2004
5	ADR Clerks Notice re: Failure to Comply with Court Order. (tjs, COURT STAFF) (Filed on 12/2/2004) (Entered: 12/02/2004)	Dec. 2, 2004	Dec. 2, 2004
6	STIPULATION and Proposed Order selecting Arbitration by Summer McNeil, Yarman Smith, Juan Munoz (Nohle, Peter) (Filed on 12/6/2004) (Entered: 12/06/2004)	Dec. 6, 2004	Dec. 6, 2004
7	JOINT CASE MANAGEMENT STATEMENT filed by Summer McNeil, The Board of Education of the Berkeley Unified School District, Gerald Herrick, Michele Lawrence, John T. Selawsky, Nancy Riddle, Joaquin J. Rivera, Terry S. Doran, Yarman Smith, Shirley Issel, Juan Munoz. (Nohle, Peter) (Filed on 12/6/2004) (Entered: 12/06/2004)	Dec. 6, 2004	Dec. 6, 2004
8	STIPULATION AND ORDER SELECTING ADR PROCESS. Signed by Magistrate Judge Wayne D. Brazil on 12-7-04. (wdblc2) (Filed on 12/7/2004) (Entered: 12/07/2004)	Dec. 7, 2004	Dec. 7, 2004
	CASE REFERRED to Private ADR. (cjl, COURT STAFF) (Filed on 12/7/2004)	Dec. 7, 2004	Dec. 7, 2004
9	Minute Entry: Initial Case Management Conference held on 12/13/2004 before Wayne D. Brazil (Date Filed: 12/13/2004). (Tape #FTR 12/13/04 4:09 p.m.) (wdblc1) (Date Filed: 12/13/2004) (Entered: 12/13/2004)	Dec. 13, 2004	Dec. 13, 2004
	Set/Reset Hearings: Further Case Management Conference set for 1/26/2005 02:30 PM. (cjl, COURT STAFF) (Filed on 12/13/2004)	Dec. 13, 2004	Dec. 13, 2004
10	ORDER FOLLOWING INITIAL CASE MANAGEMENT CONFERENCE. Mediation, with Judge Ambler, set for 12/20/04. Further Case Management Conference, by telephone, set for 1/26/05 at 2:30. Signed by Magistrate Judge Wayne D. Brazil on 12/14/04. (wdblc1) (Filed on 12/14/2004) Modified on 12/15/2004 (cjl, COURT STAFF). Modified on 12/16/2004 (cjl, COURT STAFF). (Entered: 12/14/2004)	Dec. 14, 2004	Dec. 14, 2004
	Set Deadlines/Hearings: Case Management Statement due by 1/24/2005. (cjl, COURT STAFF) (Filed on 12/14/2004)	Dec. 14, 2004	Dec. 14, 2004
11	FURTHER JOINT CASE MANAGEMENT STATEMENT filed by Summer McNeil, The Board of Education of the Berkeley Unified School District, Gerald Herrick, Michele Lawrence, John T. Selawsky, Nancy Riddle, Joaquin J. Rivera, Terry S. Doran, Yarman Smith, Shirley Issel, Juan Munoz. (Nohle, Peter) (Filed on 1/24/2005) Modified on 1/25/2005 (cjl, COURT STAFF). (Entered: 01/24/2005)	Jan. 24, 2005	Jan. 24, 2005
12	Minute Entry: Further Case Management Conference held on 2/14/2005 before Wayne D. Brazil (Date Filed: 2/14/2005). (Tape #05-4.) (wdblc1, COURT STAFF) (Date Filed: 2/14/2005) (Entered: 02/14/2005)	Feb. 14, 2005	Feb. 14, 2005
13	ORDER FOLLOWING FEBRUARY 14, 2005, FURTHER CASE MANAGEMENT CONFERENCE. Signed by Magistrate Judge Wayne D. Brazil on 2/14/05. (wdblc1, COURT STAFF) (Filed on 2/15/2005) Modified on 2/16/2005 (cjl, COURT STAFF). (Entered: 02/15/2005)	Feb. 15, 2005	Feb. 15, 2005
14	Joint MOTION for Settlement Preliminary Approval of Proposed Consent Decree and Provisional Certification of Class for Settlement Purposes filed by Summer McNeil, Yarman Smith, Juan Munoz. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Nohle, Peter) (Filed on 3/14/2005) (Entered: 03/14/2005) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER	March 14, 2005	March 14, 2005
15	Declaration of William S. Koski in Support of 14 Joint MOTION for Settlement Preliminary Approval of Proposed Consent Decree and Provisional Certification of Class for Settlement Purposes filed by Summer McNeil, Yarman Smith, Juan Munoz. (Related document(s) 14 ) (Nohle, Peter) (Filed on 3/14/2005) Modified on 3/15/2005 (cjl, COURT STAFF). (Entered: 03/14/2005)	March 14, 2005	March 14, 2005
16	Declaration of John O'Toole in Support of 14 Joint MOTION for Settlement Preliminary Approval of Proposed Consent Decree and Provisional Certification of Class for Settlement Purposes filed bySummer McNeil, Yarman Smith, Juan Munoz. (Related document(s) 14 ) (Nohle, Peter) (Filed on 3/14/2005) Modified on 3/15/2005 (cjl, COURT STAFF). (Entered: 03/14/2005)	March 14, 2005	March 14, 2005
17	Proposed Order re 14 Joint MOTION for Settlement Preliminary Approval of Proposed Consent Decree and Provisional Certification of Class for Settlement Purposes by Summer McNeil, Yarman Smith, Juan Munoz. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Nohle, Peter) (Filed on 3/14/2005) (Entered: 03/14/2005) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	March 14, 2005	March 14, 2005
18	Declaration of Peter H. Nohle in Support of 14 Joint MOTION for Settlement Preliminary Approval of Proposed Consent Decree and Provisional Certification of Class for Settlement Purposes filed by Summer McNeil, Yarman Smith, Juan Munoz. (Related document(s) 14 ) (Nohle, Peter) (Filed on 3/14/2005) Modified on 3/15/2005 (cjl, COURT STAFF). (Entered: 03/14/2005)	March 14, 2005	March 14, 2005
19	Minute Entry: Telephonic Conference held on 4/1/2005 before Wayne D. Brazil (Date Filed: 4/4/2005). (Court Reporter Starr Wilson.) (wdblc1, COURT STAFF) (Date Filed: 4/4/2005) (Entered: 04/04/2005)	April 4, 2005	April 4, 2005
20	ORDER FOLLOWING APRIL 1, 2005, TELEPHONIC CONFERENCE. Signed by Magistrate Judge Wayne D. Brazil on 4/4/05. (wdblc1, COURT STAFF) (Filed on 4/4/2005) Modified on 4/5/2005 (cjl, COURT STAFF). (Entered: 04/04/2005)	April 4, 2005	April 4, 2005
21	NOTICE by Summer McNeil, Yarman Smith, Juan Munoz of Change of Firm Name (Nohle, Peter) (Filed on 4/11/2005) (Entered: 04/11/2005)	April 11, 2005	April 11, 2005
22	RESPONSE to Issues Raised by the Court Regarding Proposed Consent Decree and Joint Motion for Preliminary Approval by Summer McNeil, Yarman Smith, Juan Munoz. (Nohle, Peter) (Filed on 4/15/2005) Modified on 4/18/2005 (cjl, COURT STAFF). (Entered: 04/15/2005)	April 15, 2005	April 15, 2005
23	ORDER FOLLOWING REVIEW OF APRIL 15, 2005, SUBMISSION. Signed by Magistrate Judge Wayne D. Brazil on 4/21/05. (wdblc1, COURT STAFF) (Filed on 4/21/2005) Modified on 4/22/2005 (cjl, COURT STAFF). (Entered: 04/21/2005)	April 21, 2005	April 21, 2005
24	Letter from William S. Koski Re Further Written Submission in Response to Order Following Review of April 15, 2005 Submission. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Nohle, Peter) (Filed on 5/3/2005) (Entered: 05/03/2005) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	May 3, 2005	May 3, 2005
25	Letter from William S. Koski Re Further Written Submission in Response to Order Following Review of April 15, 2005 Submission.. (Attachments: # 1 Exhibit A (part 1) [Consent Decree with Attachments]# 2 Exhibit A (part 2) [Consent Decree with Attachments]# 3 Exhibit A (part 3) [Consent Decree with Attachments]# 4 Exhibit B [Notices]# 5 Exhibit C [Proposed Order with Attachments])(Nohle, Peter) (Filed on 5/16/2005) (Entered: 05/16/2005) 1 Exhibit A (part 1) [Consent Decree with Attachments] View on PACER 2 Exhibit A (part 2) [Consent Decree with Attachments] View on PACER 3 Exhibit A (part 3) [Consent Decree with Attachments] View on PACER 4 Exhibit B [Notices] View on PACER 5 Exhibit C [Proposed Order with Attachments] View on PACER	May 16, 2005	May 16, 2005
26	ORDER (1) PROVISIONALLY CERTIFYING CLASS FOR SETTLEMENT PURPOSES, (2) APPROVING PARTIES' PROPOSED NOTICE PLAN, (3) SETTING DATE FOR FAIRNESS HEARING, (4) PRELIMINARILY APPROVING CONSENT DECREE, AND (5) CONDITIONALLY GRANTING PETITION FOR APPROVAL OF THE ATTORNEYS' FEES PORTION OF THE SETTLEMENT y Magistrate Judge Wayne D. Brazil granting 14 . (wdblc1, COURT STAFF) (Filed on 5/17/2005) Modified on 5/18/2005 (cjl, COURT STAFF). (Entered: 05/17/2005)	May 17, 2005	May 17, 2005
	Set/Reset Hearings: Fairness Hearing set for 7/27/2005 01:00 PM. (cjl, COURT STAFF) (Filed on 5/17/2005)	May 17, 2005	May 17, 2005
27	STIPULATION and [Proposed] Order Continuing Final Fairness Hearing by The Board of Education of the Berkeley Unified School District. (Sacks, Marleen) (Filed on 5/18/2005) (Entered: 05/18/2005)	May 18, 2005	May 18, 2005
28	STIPULATION AND ORDER CONTINUING FINAL FAIRNESS HEARING. Signed by Magistrate Judge Wayne D. Brazil on 5/18/05. (wdblc1, COURT STAFF) (Filed on 5/18/2005) Modified on 5/19/2005 (cjl, COURT STAFF). (Entered: 05/18/2005)	May 18, 2005	May 18, 2005
	Set/Reset Hearings: Fairness Hearing set for 8/3/2005 01:00 PM. (cjl, COURT STAFF) (Filed on 5/18/2005)	May 18, 2005	May 18, 2005
29	Declaration of Michele Lawrence re Posting of Required Notices re 26 Order on Motion for Settlement by The Board of Education of the Berkeley Unified School District. (Attachments: # 1 Exhibit Legal Notice# 2 Exhibit Proof of Posting by District Employees# 3 Exhibit Schools List, Part 1# 4 Exhibit Schools List, Part 2# 5 Exhibit Schools List, Part 3)(Sacks, Marleen) (Filed on 6/10/2005) Modified on 6/13/2005 (cjl, COURT STAFF). (Entered: 06/10/2005) 1 Exhibit Legal Notice View on PACER 2 Exhibit Proof of Posting by District Employees View on PACER 3 Exhibit Schools List, Part 1 View on PACER 4 Exhibit Schools List, Part 2 View on PACER 5 Exhibit Schools List, Part 3 View on PACER	June 10, 2005	June 10, 2005
30	Proof of Service re 29 Affidavit by The Board of Education of the Berkeley Unified School District, Michele Lawrence, John T. Selawsky, Nancy Riddle, Joaquin J. Rivera, Shirley Issel. (Sacks, Marleen) (Filed on 6/10/2005) Modified on 6/13/2005 (cjl, COURT STAFF). (Entered: 06/10/2005)	June 10, 2005	June 10, 2005
31	Consent Decree filed by Summer McNeil, Yarman Smith, Juan Munoz. (Abrams, William) (Filed on 8/5/2005) Modified on 8/8/2005 (cjl, COURT STAFF). (Entered: 08/05/2005)	Aug. 5, 2005	Aug. 5, 2005
32	Minute Entry: Fairness Hearing held on 8/3/2005 before Wayne D. Brazil (Date Filed: 8/5/2005). (Court Reporter Diane Skillman.) (wdblc1, COURT STAFF) (Date Filed: 8/5/2005) (Entered: 08/05/2005)	Aug. 5, 2005	Aug. 5, 2005
33	ORDER FOLLOWING FINAL FAIRNESS HEARING. Signed by Magistrate Judge Wayne D. Brazil on 8/3/05. (Attachments: # 1)(wdblc1, COURT STAFF) (Filed on 8/5/2005) Modified on 8/8/2005 (cjl, COURT STAFF).	Aug. 5, 2005	Aug. 5, 2005 RECAP
34	Stipulated Judgment and Proposed Order Certifying Plaintiff Class and Designating Class Representives and Class Counsel by Summer McNeil, Yarman Smith, Juan Munoz. (Abrams, William) (Filed on 8/16/2005) Modified on 8/17/2005 (cjl, COURT STAFF). (Entered: 08/16/2005)	Aug. 16, 2005	Aug. 16, 2005
35	STIPULATED JUDGMENT. Signed by Magistrate Judge Wayne D. Brazil on 8/17/05. (Attachments: # 1)(wdblc1, COURT STAFF) (Filed on 8/17/2005) Modified on 8/18/2005 (cjl, COURT STAFF). (Entered: 08/17/2005)	Aug. 17, 2005	Aug. 17, 2005
36	Declaration of Marleen L. Sacks in Support of 31 Filing of Disparity Action Plan and First Quarterly Report filed by The Board of Education of the Berkeley Unified School District, Gerald Herrick, Michele Lawrence, John T. Selawsky, Nancy Riddle, Joaquin J. Rivera, Terry S. Doran, Shirley Issel. (Attachments: # 1 Exhibit Exhibit A to Sacks Decl ISO Filing of Disparity Action Plan# 2 Exhibit Exh. B, Part 1 of 8# 3 Exhibit Exh. B., Part 2 of 8# 4 Exhibit Exh. B, Part 3 of 8# 5 Exhibit Exh. B, Part 4 of 8# 6 Exhibit Exh. B, Part 5 of 8# 7 Exhibit Exh. B, Part 6 of 8# 8 Exhibit Exh. B, Part 7 of 8# 9 Exhibit Exh. B, Part 8 of 8)(Related document(s) 31 ) (Sacks, Marleen) (Filed on 9/12/2006) Modified on 9/13/2006 (cjl, COURT STAFF). (Entered: 09/12/2006) 1 Exhibit Exhibit A to Sacks Decl ISO Filing of Disparity Action Plan View on PACER 2 Exhibit Exh. B, Part 1 of 8 View on PACER 3 Exhibit Exh. B., Part 2 of 8 View on PACER 4 Exhibit Exh. B, Part 3 of 8 View on PACER 5 Exhibit Exh. B, Part 4 of 8 View on PACER 6 Exhibit Exh. B, Part 5 of 8 View on PACER 7 Exhibit Exh. B, Part 6 of 8 View on PACER 8 Exhibit Exh. B, Part 7 of 8 View on PACER 9 Exhibit Exh. B, Part 8 of 8 View on PACER	Sept. 12, 2006	Sept. 12, 2006
37	* FILED IN ERROR. DOCUMENT LOCKED. PLEASE SEE DOCKET # 39 . * Declaration of Marleen L. Sacks Supporting Filing of Third Quarterly Report by The Board of Education of the Berkeley Unified School District, Gerald Herrick, Michele Lawrence, John T. Selawsky, Nancy Riddle, Joaquin J. Rivera, Terry S. Doran, Shirley Issel. (Attachments: # 1 Appendix Appendices A-G to Exhibit A to Sacks Decl.# 2 Appendix Appendices A-G to Exhibit A to Sacks Decl.)(Sacks, Marleen) (Filed on 3/15/2007) Modified on 3/16/2007 (cjl, COURT STAFF). Modified on 3/16/2007 (ewn, COURT STAFF). (Entered: 03/15/2007)	March 15, 2007	March 15, 2007
38	MOTION to Remove Incorrectly Filed Document filed by The Board of Education of the Berkeley Unified School District, Gerald Herrick, Michele Lawrence, John T. Selawsky, Nancy Riddle, Joaquin J. Rivera, Terry S. Doran, Shirley Issel. (Sacks, Marleen) (Filed on 3/16/2007) (Entered: 03/16/2007)	March 16, 2007	March 16, 2007
39	Declaration of Marleen Sacks Supporting Filing of Third Quarterly Report Correction of Docket # 37 by The Board of Education of the Berkeley Unified School District, Gerald Herrick, Michele Lawrence, John T. Selawsky, Nancy Riddle, Joaquin J. Rivera, Terry S. Doran, Shirley Issel. (Attachments: # 1 Exhibit Ex A to Sacks Decl# 2 Appendix to Ex A to Sacks Decl re 3d Qtr Report)(Sacks, Marleen) (Filed on 3/16/2007) Modified on 3/19/2007 (cjl, COURT STAFF). (Entered: 03/16/2007) 1 Exhibit Ex A to Sacks Decl View on PACER 2 Appendix to Ex A to Sacks Decl re 3d Qtr Report View on PACER	March 16, 2007	March 16, 2007
40	Declaration of Marleen L. Sacks Supporting Filing of Second Quarterly Report by The Board of Education of the Berkeley Unified School District, Gerald Herrick, Michele Lawrence, John T. Selawsky, Nancy Riddle, Joaquin J. Rivera, Terry S. Doran, Shirley Issel. (Sacks, Marleen) (Filed on 3/29/2007) Modified on 3/30/2007 (cjl, COURT STAFF). (Entered: 03/29/2007)	March 29, 2007	March 29, 2007
41	Berkeley Unified School District's Year Two, First Quarterly Report by The Board of Education of the Berkeley Unified School District, Gerald Herrick, Michele Lawrence, John T. Selawsky, Nancy Riddle, Joaquin J. Rivera, Terry S. Doran, Shirley Issel. (Attachments: # 1 Exhibit to Affidavit)(Sacks, Marleen) (Filed on 1/11/2008) Modified on 1/14/2008 (cjl, COURT STAFF). Modified on 1/14/2008 (cjl, COURT STAFF). (Entered: 01/11/2008) 1 Exhibit Exhibit to Affidavit View on PACER	Jan. 11, 2008	Jan. 11, 2008
42	Declaration of Marleen L. Sacks Supporting Filing of Year Two, First Quarterly Report by The Board of Education of the Berkeley Unified School District, Gerald Herrick, Michele Lawrence, John T. Selawsky, Nancy Riddle, Joaquin J. Rivera, Terry S. Doran, Shirley Issel. (Sacks, Marleen) (Filed on 1/11/2008) Modified on 1/14/2008 (cjl, COURT STAFF). (Entered: 01/11/2008)	Jan. 11, 2008	Jan. 11, 2008
43	Declaration of Marleen L. Sacks re 31 Consent Decree by The Board of Education of the Berkeley Unified School District, Gerald Herrick, Michele Lawrence, John T. Selawsky, Nancy Riddle, Joaquin J. Rivera, Terry S. Doran, Shirley Issel. (Attachments: # 1 Exhibit to Sacks Decl. supporting filing of Yr 2, Qtr 2 report, # 2 Appendix A-E to Ex A to Sacks Decl. re filing of Yr 2, Qtr 2 report)(Sacks, Marleen) (Filed on 4/4/2008) Modified on 4/7/2008 (oh, COURT STAFF). (Entered: 04/04/2008) 1 Exhibit to Sacks Decl. supporting filing of Yr 2, Qtr 2 report View on PACER 2 Appendix A-E to Ex A to Sacks Decl. re filing of Yr 2, Qtr 2 report View on PACER	April 4, 2008	April 4, 2008
44	Declaration of Marleen L. Sacks Supporting Filing of Year Two, Third Quarterly Report by The Board of Education of the Berkeley Unified School District, Gerald Herrick, Michele Lawrence, John T. Selawsky, Nancy Riddle, Joaquin J. Rivera, Terry S. Doran, Shirley Issel. (Attachments: # 1 Exhibit "A" Part 1 of 2, Yr 2, 3d Qtr, # 2 Exhibit "A" Part 2 of 2, Yr 2, 3d Qtr)(Sacks, Marleen) (Filed on 7/24/2008) Modified on 7/25/2008 (cjl, COURT STAFF). (Entered: 07/24/2008) 1 Exhibit "A" Part 1 of 2, Yr 2, 3d Qtr View on PACER 2 Exhibit "A" Part 2 of 2, Yr 2, 3d Qtr View on PACER	July 24, 2008	July 24, 2008
45	Joint MOTION for Hearing JOINT MOTION FOR TERMINATION OF CONSENT DECREE AND REQUEST FOR HEARING filed by The Board of Education of the Berkeley Unified School District. (Sacks, Marleen) (Filed on 3/3/2011) (Entered: 03/03/2011)	March 3, 2011	March 3, 2011
46	EXHIBITS re 45 Joint MOTION for Hearing JOINT MOTION FOR TERMINATION OF CONSENT DECREE AND REQUEST FOR HEARING filed byThe Board of Education of the Berkeley Unified School District. (Attachments: # 1 Exhibit, # 2 Exhibit)(Related document(s) 45 ) (Sacks, Marleen) (Filed on 3/3/2011) (Entered: 03/03/2011) 1 Exhibit View on PACER 2 Exhibit View on PACER	March 3, 2011	March 3, 2011
47	ORDER by Judge Claudia Wilken granting 45 Motion for Hearing (ndr, COURT STAFF) (Filed on 3/4/2011) (Entered: 03/07/2011)	March 4, 2011	March 4, 2011 RECAP
	MOTION REFERRED to General Duty Judge, Claudia Wilken. (cjl, COURT STAFF) (Filed on 3/4/2011)	March 4, 2011	March 4, 2011

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Case Details

State / Territory:

California

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 13, 2004

Closing Date: March 4, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All African-American and Latino students in the Berkeley Unified School District who have been involuntarily excluded or reassigned from comprehensive school programs for alleged student conduct rules violations without appropriate due process of law.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Board of Education of the Berkeley Unified School District, School District

Case Details

Causes of Action: