PARENTS FOR QUALITY EDUC. v. STATE OF IND.

Civ. No. F 86-325.

753 F.Supp. 733 (1990)

PARENTS FOR QUALITY EDUCATION WITH INTEGRATION, INC.; Brown, Brandy, Mylan and Demaraus by their mother and next friend, Alisha Brown; Brownlee, Scepter by his mother and next friend, Ora Brownlee; Cook, Torrey and Tereseca by their parents and next friends, Regina and Richard Cook; Phillip Harris by his mother and next friend Diane Harris; Jason and Shawn Hutchens by their mother and next friend, Carolyn Hutchens; Gwenetta Lewis, by her mother and next friend, Patricia Lewis; McClain, Marco, Derrick, Shyra, Antonia, and Kendice by their mother and next friend, Florence McClain; Kendrick Sanders by his mother and next friend, Jacquelyn Sanders; Timothy J. and Brenittella Sneed, by their mother and next friend, Mary A. Sneed; Terrie Young by her mother and next friend, Edith L. Young; Emily Fairchild by her parents and next friends, Janice L. and David L. Fairchild; and Sachs, Claire and Daniel, by their parents and next friends, Barbara and Jeremy Sachs, and all other similarly situated, Plaintiffs, v. The STATE of INDIANA; Robert D. Orr, Governor of the State of Indiana; Lindley E. Pearson, Attorney General of the State of Indiana; Dr. Dean H. Evans, State Superintendent of Public Instruction and Chairman of the State Board of Education; Dr. Robert Krajewski; Randall T. Tucker; Mrs. Jeanette Moeller; Joan B. McNagny; Dr. Robert Hanni, Ronald Klene; Theressa Bynum; Bettye Lou Jerrell; G. Patrick Hoehn; Eugene L. Henderson, Members of the Indiana State Board of Education; and Indiana Department of Education, Defendants.

United States District Court, N.D. Indiana, Fort Wayne Division.

December 18, 1990.


Attorney(s) appearing for the Case

William L. Taylor, Dianne M. Piche, Washington, D.C., Julius L. Chambers, Theodore M. Shaw, Norman J. Chachkin, New York City, Clifton E. Files, Fort Wayne, Ind., Richard B. Fields, Cox & Fields, Memphis, Tenn., for plaintiffs.

Robert S. Walters, James P. Fenton, Fort Wayne, Ind., David Michael Wallman, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, Ind., for defendants.

Richard J. Darko, Indianapolis, Ind., Frederick R. Tourkow, Fort Wayne, Ind., for Fort Wayne Educ. Assn., amicus curiae.


ORDER ON MOTION FOR SUMMARY JUDGMENT

ALLEN SHARP, Chief Judge.

In September 1986 the plaintiffs (PQEI) filed this action for declaratory and injunctive relief against local school officials (FWCS) and various state defendants (the State) for what it alleges are deprivations of plaintiffs' privileges and immunities secured under state and federal law. Specifically, plaintiffs maintain that all defendants engaged in the deliberate creation and maintenance...

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