AMERICAN CIVIL RIGHTS FOUNDATION v. BERKELEY UNIFIED SCHOOL DIST.

No. A121137.

172 Cal.App.4th 207 (2009)

AMERICAN CIVIL RIGHTS FOUNDATION, Plaintiff and Appellant, v. BERKELEY UNIFIED SCHOOL DISTRICT et al., Defendants and Respondents; JUDY APPEAL et al., Interveners and Respondents.

Court of Appeals of California, First District, Division Four.

March 17, 2009.


Attorney(s) appearing for the Case

Pacific Legal Foundation, Alan W. Foutz and Paul J. Beard II for Plaintiff and Appellant.

Keker & Van Nest, Jon B. Streeter and Benjamin B. Au for Defendants and Respondents.

Miriam Rokeach for Former Directors of the Board of Education for the Berkeley Unified School District as Amicus Curiae on behalf of Defendants and Respondents.

Brenda E. Sutton-Wills and Alice O'Brien for California Teachers Association as Amicus Curiae on behalf of Defendants and Respondents.

American Civil Liberties Union Foundation of Northern California, Jory C. Steele, Greta S. Hansen, Alan L. Schlosser; Lawyers' Committee for Civil Rights of the San Francisco Bay Area, Kendra Fox-Davis, Charles Forster, Robert Rubin; ACLU Foundation of Southern California and Catherine E. Lhamon for Interveners and Respondents.


OPINION

SEPULVEDA, J.

Racial integration of America's public schools began with Brown v. Board of Education (1954) 347 U.S. 483 [98 L.Ed. 873, 74 S.Ct. 686], when the United States Supreme Court ruled that state-imposed segregation in education that intentionally discriminated against African-Americans on the basis of their race was unconstitutional. Half a century...

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