COMFORT v. LYNN SCHOOL COMMITTEE

No. 08-1735.

560 F.3d 22 (2009)

Samantha J. COMFORT, etc., et al., Plaintiffs, Appellants, v. LYNN SCHOOL COMMITTEE et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 12, 2009.


Attorney(s) appearing for the Case

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

Maura T. Healey, Assistant Attorney General, with whom Martha Coakley, Attorney General, Jeffrey D. Clements and Adam J. Hollingsworth, Assistant Attorneys General, and John C. Mihos, City Solicitor, were on consolidated brief, for appellees.

Before TORRUELLA, SELYA and LIPEZ, Circuit Judges.


SELYA, Circuit Judge.

We are called upon today to revisit a case that we thought had gone to its eternal rest. The tale follows.

Nearly six years ago the district court entered judgment for the defendants in a civil action seeking to strike down, on constitutional grounds, a school transfer/student assignment policy (the Policy) that explicitly considers race as a determining factor in student placement. Comfort v. Lynn Sch. Comm. (Comfort I...

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