ROBINSON v. KANSAS

Nos. 00-3315, 00-3332.

295 F.3d 1183 (2002)

Earnestine ROBINSON, as mother and next friend of a minor, Mytesha Robinson, Cherokee Robinson and LaJuan Robinson; Reuben Montoy, as father and next friend of a minor Eric Montoy and Ryan Montoy; Kimberly Gwin, as mother and next friend of a minor Sierra Gwin and Seth Gwin; Earl Bess, Jr., as grandfather and next friend of a minor Rene Bess; Kenna Boyce, as mother and next friend of a minor Keely Boyce; Sandra Delgado, as mother and next friend of a minor Cruiz Cedillo; Lieu Do, as mother and next friend of a minor Lynette Do; Evangelina Garcia, as mother and next friend of a minor Ezekial Garcia and Emerald Garcia; Phyllis Harding, as mother and next friend of a minor Christopher Harding and Monique Harding; Melody Hawkinson, as mother and next friend of a minor Joseph Hawkinson; Robert Maynes, as father and next friend of a minor Lauri Maynes; Phillip Nguyen, as father and next friend of a minor Jennie Nguyen; Mary Lu Tripplitt, as mother and next friend of a minor Shasta Oaks; Da Thu Pham, as father and next friend of a minor Sandy Thu Pham, Nicole Thu Pham and Bruce Thu Pham; Linda Bethke, as mother and next friend of a minor Andrea Bethke, Plaintiffs-Appellees, and Unified School District No. 443, and Unified District No. 305, Plaintiffs, v. State of KANSAS; Bill Graves, in his official capacity as the Governor of the State of Kansas; Linda Holloway, in her official capacity as the chairperson of the State Board of Education; Andy Tompkins, in his official capacity as Commissioner of the State Department of Education, Defendants-Appellants. United States of America, Intervenor-Appellee.

United States Court of Appeals, Tenth Circuit.

July 9, 2002.


Attorney(s) appearing for the Case

William Scott Hesse, Assistant Attorney General, Office of the Attorney General, State of Kansas, Topeka, KS, for Defendants-Appellants.

Alan L. Rupe (Kelly J. Johnson with him on the brief) of Husch & Eppenberger, LLC, Wichita, KS, for Plaintiffs-Appellees.

Seth M. Galanter, Attorney (Jessica Dunsay Silver, Attorney, with him on the brief), Department of Justice, Washington, D.C., for Intervenor-Appellee.

Before SEYMOUR and PORFILIO, Circuit Judges, and STAGG, District Judge.


SEYMOUR, Circuit Judge.

Earnestine Robinson, on behalf of her minor children, Cherokee, LaJuan, and Mytesha, filed suit along with other plaintiffs against the State of Kansas, its governor, and two state education officials challenging the state's school financing scheme. Defendants filed motions to dismiss. The district court denied the motions holding, inter alia, that defendants do not enjoy Eleventh Amendment immunity from suit. Robinson v. Kansas,...

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