ANDERSON EX REL. DOWD v. CITY OF BOSTON

No. 03-2021.

375 F.3d 71 (2004)

Nicholas ANDERSON, a minor, by his parent and next friend, Ellen DOWD; Kayleigh Barry-Meltzer, a minor, by her parents and next friends, Cathleen Barry and George Meltzer; John P. Feeney, Jr., a minor, by his parents and next friends, Ena and John Feeney; Michael Gattozzi, a minor, by his parents and next friends, Joseph and Patrice Gattozzi; Jamie Lee Higgins, a minor, by her parents and next friends, Kerry Ann and Joseph Higgins; John K. O'Toole, Jr., a minor, by his parents and next friends, John and Rose O'Toole; Kathleen McCoy, a minor, by her parents and next friends, Carol and John McCoy; Andrew Sharaffa, a minor, by his parents and next friends, David and Mae Sharaffa; Sean J. and Thomas E. Stoddard, minors, by their parents and next friends, Mary K. and Stephen Stoddard, Plaintiffs, Appellants, Boston'S Children First, Plaintiff, v. CITY OF BOSTON; Thomas Menino, Mayor of the City of Boston; Thomas W. Payzant, Superintendent of the Boston Public Schools; Boston School Committee; Elizabeth Reilinger, Boston School Committee Chairperson; Alfreda J. Harris, School Committee Vice-Chairperson; Felix D. Arroyo, School Committee Member; Robert P. Gittens, School Committee Member; Susan Naimark, School Committee Member; Marchelle Raynor, School Committee Member; William Spring, School Committee Member, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided July 12, 2004.


Attorney(s) appearing for the Case

Michael Williams, with whom Robert J. Roughsedge, Chester Darling, and Citizens for the Preservation of Constitutional Rights, Inc., were on brief, for appellants.

Frances S. Cohen, with whom Erica L. Hovani, Matthew M. Lyons, and Dechert LLP, were on brief, for appellees.

Sharon L. Brown on brief for amicus curiae Pacific Legal Foundation.

Before BOUDIN, Chief Judge, and LYNCH and LIPEZ, Circuit Judges.


LIPEZ, Circuit Judge.

At the outset of its penultimate ruling in this protracted litigation, the district court observed: "This case may possibly be the concluding chapter in thirty years of litigation over the effort to desegregate the Boston Public Schools." Boston's Children First v. Boston School Comm., 260 F.Supp.2d 318, 319 (D.Mass.2003). That cautious prediction may be...

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