James M. FRIERY, Plaintiff-Appellant,
v.
LOS ANGELES UNIFIED SCHOOL DISTRICT; Russ Thompson; Genethia Hudley Hayes; Valerie Fields; Victoria M. Castro; Caprice Young; David Tokofsky; Julie Korenstein; Mike Lansing; Ruben Zacarias, in their individual and official capacities; United Teachers of Los Angeles, Defendants-Appellees, and
Office of Civil Rights; DOES 1 through 10, inclusive, Defendants.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted June 5, 2002.
Certified August 22, 2002.
Certification Denied November 13, 2002.
Supplemental Briefing Ordered August 13, 2003.
Submission Deferred March 12, 2004.
Supplemental Briefing Ordered October 28, 2005.
Re-argued and Re-submitted April 6, 2006.
Filed May 24, 2006.
Attorney(s) appearing for the Case
Richard D. Ackerman, United States Justice Foundation, Temecula, CA, argued the cause and was on the brief for appellant. Gary G. Kreep, United States Justice Foundation, Escondido, CA, was on the brief.
Peter W. James, Baker & Hostetler LLP, Los Angeles, CA, argued the cause and was on the brief for appellee Los Angeles Unified School District. Lisa F. Hinchliffe and Gregory L. Vinson, Baker & Hostetler LLP, Los Angeles, CA, were on the brief.
Jesus E. Quinonez, Burbank, CA, argued the cause for appellee United Teachers of Los Angeles.
John D. Findley and Harold E. Johnson, Pacific Legal Foundation, Sacramento, CA, were on the brief for amicus curiae Pacific Legal Foundation.
Before DIARMUID F. O'SCANNLAIN, PAMELA ANN RYMER, and SIDNEY R. THOMAS, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
Questions Certified to California Supreme Court August 22, 2002.
ORDER
We have been asked to consider whether a school district's race-conscious faculty transfer policy violates either the California or federal constitutions.1 Before we reach the merits of the claim, we must first consider whether the plaintiff has standing to bring suit. Because we conclude that the record is insufficiently developed to determine whether there...
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