Government of Nashville and Davidson County; the Metropolitan Nashville Board of PublicEducation (“School Board”); the elected members of the School Board, sued in their officialcapacities; and Dr. Jesse Register, sued in his official capacity as the School Board-appointedDirector of Metropolitan Nashville Public Schools (collectively, “Defendants”). Plaintiffs allegethat the re-zoning plan adopted by the School Board in July 2008 and first implemented in the2009-10 school year violates Plaintiffs’ Fourteenth Amendment equal protection and due processrights by assigning students on the basis of race and/or segregating students by race under color of law. Plaintiffs seek an order undoing the re-zoning plan and implementing a new plan thatoverhauls the structure of the Metropolitan Nashville Public Schools (“MNPS”).Because Plaintiffs are bringing this action pursuant to 42 U.S.C.A. section 1983 (2003) toenforce their rights under the United States Constitution, the Court has federal-question jurisdiction.
28 U.S.C.A. § 1331 (2006);
§ 1343(a)(3)-(4) (2006). Pursuant tosubsections (b)(1)(A) and (b)(2) of Federal Rule of Civil Procedure 23, the Court has certifiedthis case as a class action. (Docket Entry No. 305.) Plaintiffs represent all African-Americanstudents in the Metropolitan Nashville public school system whose school assignment wasaffected by the elimination of mandatory non-contiguous transfer zones in the 2008 re-zoning plan, and the parents, guardians, or other representatives of such students.The Court held a bench trial in this action on May 1-4, 7-10, 14-16, 2012. Previously, on November 3-5, 9-10, 12-13, 16-20, 2009, another department of this Court conducted a hearingon Plaintiffs’ motion for a preliminary injunction.
At the conclusion of the bench trial, theCourt instructed the parties to designate portions of the transcript from the preliminary injunction
The Hon. John T. Nixon, who had presided over the preliminary injunction hearing, recusedhimself from the case on May 6, 2011. The case was then randomly reassigned to the Hon. ToddJ. Campbell and then reassigned again to this department on May 31, 2011.
Case 3:09-cv-00756 Document 352 Filed 07/27/12 Page 2 of 80 PageID #: 13390