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PARENTS FOR QUALITY EDUC. WITH INTEGRATION v. STATE OF IND.

No. 91-3437.

977 F.2d 1207 (1992)

PARENTS FOR QUALITY EDUCATION WITH INTEGRATION, INCORPORATED, Scepter Brownlee, by his mother and next friend, Ora Brownlee, Torrey Cook, by his parents and next friends, Regina Cook and Richard Cook, et al., Plaintiffs-Appellees, v. STATE OF INDIANA, Evan Bayh, Governor of the State of Indiana, Linley E. Pearson, Attorney General of the State of Indiana, Dr. H. Dean Evans, State Superintendent of Public Instruction and Chairman of the State Board of Education, Dr. David O. Dickson, Ted L. Marston, Paul L. McFann, David H. Swanson, Connie Blackketter, Margaret Ann Kelley, Dr. Norma J. Cook, Katherine L. Startin, J. Patrick O'Rear, Grant W. Hawkins, Members of the Indiana State Board of Education, and Indiana Department of Education, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided October 23, 1992.

Attorney(s) appearing for the Case

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

David A. Nowak, David M. Wallman (argued), Dist. Attys. Gen., Ronald J. Semler, Asst. Atty. Gen., Office of the Atty. Gen., Federal Litigation, Indianapolis, Ind., for defendants-appellants.

Before CUMMINGS and CUDAHY, Circuit Judges, and DILLIN, District Judge.

CUDAHY, Circuit Judge.

This case comes before us on an interlocutory appeal from the denial of the defendants' motion for summary judgment. The district court certified two questions for appeal:

1. Whether the Eleventh Amendment permits continuation of a desegregation suit against State Defendants after a court-approved settlement decree between the Plaintiffs and the local school defendants; and 2. Whether the Court can and should consider shifting...

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