PRICE v. AUSTIN INDEPENDENT SCHOOL DIST.

No. A-87-CA-483.

729 F.Supp. 533 (1990)

Samantha PRICE, by her mother as next of kin, Ruth PRICE; Najda Stegall, by her mother as next of kin, Dorothy Stegall; Brandon and Ryan McMurthy, by their parents as next of kin; Reginald Robert Williams, Jr., by his mother as next of kin, Joanne Williams; George Bertram Powell, by his mother as next of kin, Elaine Powell; Minique Kindred, by her mother as next of kin, Avonne Kindred, Oscar Herrera, by his mother as next of kin, Lillian Herrera; Santos Salinas, by his father as next of kin, Daniel Salinas; Jessica Amezquita, through her mother and next friend, Sandra Amezquita, Elias Flores Harrington, through his parents and next friends, Rebecca Flores Harrington and James Harrington; Central Texas Chapter, ACLU, United South Austin, Plaintiffs, v. AUSTIN INDEPENDENT SCHOOL DISTRICT; Dr. John Ellis, Individually and in his official capacity as Superintendent of Austin Independent School District; Nan Clayton, Individually and in her capacity as School Board President of Austin Independent School District; Ed Small, Individually and in his official capacity as School Board Member of Austin Independent School District; Gary McKenzie, Individually and in his official capacity as School Board Member of Austin Independent School District; Bernice Hart, Individually and in her official capacity as School Board Member of Austin Independent School District; John Lay, Individually and in his official capacity as School Board Member of Austin Independent School District; Abel Ruiz in his official capacity as School Board Member of Austin Independent School District; Lidia M. Perez, in her official capacity as School Board Secretary of Austin Independent School District, Defendants.

United States District Court, W.D. Texas, Austin Division.

As Amended January 19, 1990.


Attorney(s) appearing for the Case

Norma V. Cantu, San Antonio, Tex., for MALDEF (Mexican American Legal Defense and Educ. Fund).

Julius L. Chambers and Napoleon B. Williams, Jr., New York City, and Lydia Gardner, Co-counsel for NAACP, Austin, Tex., for NAACP (Nat. Ass'n for the Advancement of Colored People).

David Van Os, Van Os, Deats, Rubinett & Owen, Austin, Tex., for ACLU (American Civil Liberties Union).

William H. Bingham, James R. Raup and John Spurgin, McGinnis, Lochridge & Kilgore, Austin, Tex., for AISD (Austin Independent School Dist., et al.).


AMENDED MEMORANDUM OPINION

NOWLIN, District Judge.

I. BACKGROUND

On August 7, 1987, Plaintiffs filed this action claiming that in adopting a new student assignment plan and "Educational Excellence Plan" affecting elementary school students (grades pre-K-5), the Austin Independent School District ("AISD") acted with discriminatory intent to create racially and ethnically segregated schools in violation of the Fourteenth Amendment to the U.S. Constitution...

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