Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword or section
Like this
1Activity

Table Of Contents

0 of .
Results for:
No results containing your search query
P. 1
Microsoft Word - FINAL Order Deciding Case - FINAL

Microsoft Word - FINAL Order Deciding Case - FINAL

Ratings: (0)|Views: 129 |Likes:
Published by langwiseman

More info:

Published by: langwiseman on Aug 14, 2011
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

08/14/2011

pdf

text

original

 
IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISIONBOARD OF EDUCATION OF SHELBYCOUNTY, TENNESSEE, et al.,)))Plaintiffs, )) v. ) No. 11-2101) MEMPHIS CITY BOARD OFEDUCATION, et al.,)))Defendants. ) ORDER 
Plaintiff Board of Education of Shelby County, Tennessee(“Shelby County Board of Education”) filed a complaint for adeclaratory judgment on February 11, 2011. (ECF No. 1.) Itfiled an amended complaint on March 3, 2011. (ECF No. 22.)Defendant City of Memphis filed an answer and counterclaims onMarch 17, 2011. (ECF No. 49.) Defendant Memphis City Councilfiled an answer, counterclaim, and cross-claim on March 17,2011. (ECF No. 50.) Defendant Memphis City Board of Education(the “Memphis City Board of Education” or the “Board ofEducation of the Memphis City Schools”) filed an answer,counterclaim, and cross-claim on March 18, 2011. (ECF No. 52.)Defendant Board of County Commissioners of Shelby County,Tennessee (“Shelby County Commission”) filed an answer and
Case 2:11­cv­02101­SHM­cgc Document 243 Filed 08/08/11 Page 1 of 146 PageID 7046
 
2
 
counterclaim on March 22, 2011. (ECF No. 62.) DefendantsTennessee Department of Education and Patrick Smith, in his thenofficial capacity as Acting Commissioner of the TennesseeDepartment of Education, filed an answer on March 23, 2011.(ECF No. 64.) On April 2, 2011, intervening plaintiffs SnowdenCarruthers, Michael Wissman, David Reaves, Joseph Clayton, andDavid Pickler (“Intervening Plaintiffs”) filed a verifiedintervening complaint. (ECF No. 103.)The Tennessee Department of Education and Kevin Huffman, inhis Official Capacity as Commissioner of the TennesseeDepartment of Education, answered the Memphis City Council’scross-claim and the Memphis City Board of Education’s cross-claim on April 12, 2011. (ECF No. 113; ECF No. 114.) TheShelby County Board of Education answered the counterclaimsfiled by the City of Memphis, the Memphis City Council, theMemphis City Board of Education, and the Shelby CountyCommission on April 12, 2011. (ECF No. 115; ECF No. 116; ECFNo. 117; ECF No. 118.) The City of Memphis answered the MemphisCity Board of Education’s cross-claim on April 12, 2011. (ECFNo. 119.) The Memphis City Council answered the Memphis CityBoard of Education’s cross-claim and filed a counterclaim onApril 12, 2011. (ECF No. 121.) Intervening defendants MemphisEducation Association, Keith O. Williams, and Karl Thomas Emens
Case 2:11­cv­02101­SHM­cgc Document 243 Filed 08/08/11 Page 2 of 146 PageID 7047
 
3
 
filed an answer and counterclaim on May 11, 2011. (ECF No.176.)The Court held a hearing on May 12, 2011, and May 13, 2011,at which it received proof in the form of testimony and exhibitsand heard oral arguments. (See ECF No. 177; ECF No. 178.) Theparties agreed that the Court would decide this matter based onthe testimony, the written record, and the affidavits before itafter the submission of final briefs on June 30, 2011. (ECF No.182.) Based on that record, the Court makes the followingfindings of fact and conclusions of law and orders the followingdeclaratory relief.
I.
 
Background 
The parties do not dispute the material facts in this case.The public school system in Memphis (the “Memphis City Schools”)is the largest school system in Tennessee and the twenty-thirdlargest public school system in the United States. (SeeDistrict Budget 20, ECF No. 200-2; ECF No. 199-7.) It hasapproximately 105,000 students and 209 schools. (See DistrictBudget 20, ECF No. 200-2; ECF No. 199-7.) The studentdemographics are 85.7% African-American, 7.0% Caucasian, 5.9%Hispanic, and 1.4% other races and nationalities. (See DistrictBudget 20, ECF No. 200-2; ECF No. 199-7.) Memphis City Schoolsanticipates enrolling 108,461 students during the 2011-2012school year. (See District Budget 388, ECF No. 201-1.)
Case 2:11­cv­02101­SHM­cgc Document 243 Filed 08/08/11 Page 3 of 146 PageID 7048

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->