UNITED STATES v. JUNCTION CITY SCHOOL DIST.

Nos. 19-1340, 19-1342, 19-1348, 19-1349.

984 F.3d 608 (2020)

UNITED STATES of America, Plaintiff-Appellee v. JUNCTION CITY SCHOOL DISTRICT; R.L. Bolen, Superintendent of the Junction City School District No. 75; Junction City School Board, Defendants-Appellees. v. Arkansas Department of Education; Arkansas State Board of Education, Intervenors-Appellants. Brittany Harrison; Katelyn Williams; Lance Harrison; Chase Williams; Chasity Klutts; Sarah McCoy; Cole McCoy, Amici on Behalf of Appellant(s). Rosie L. Davis, Plaintiff-Appellee. v. William Dale Franks, Defendant-Appellee. v. Arkansas Department of Education; Arkansas State Board of Education, Intervenors-Appellants. Mary Turner, Individually and as next friend of Torrance Turner, a minor; Lucy Cheatham, Individually and as next friend of Andrew Cheatham, a minor; Mary Rose, Individually and as next friend of Victor Rose; Obie Sasser, Individually and as next friend of Frank Sasser, a minor; Barbara Dudley, Individually and as next friend of Kerri Dudley, a minor; Ida Dudley, Individually and as next friend of Tia Dudley; Rosie Blair, Individually and as next friend of Kimberly Blair, a minor; Johnny Blair, Individually and as next friend of Kimberly Blair, a minor; Robert Wise, Individually and as next friend of Valarie Wise, a minor; Mildred Thompson, Individually and as next friend of Kelona Thompson, a minor, Plaintiffs-Appellees. v. Lafayette County School District, Defendant-Appellee. Larry Hudson, Individually and in his official capacity as Superintendent of Schools for the Lewisville School District No. 1, A Public Body Corporate; Hollis Sasser, Individually and in his official capacity as President of the Board of Education of the Lewisville School District No. 1, A Public Body Corporate; Harry Smith, Individually and in his official capacity as member of the Board of Education of the Lewisville School District No. 1, A Public Body Corporate; Leslie Nutt, Individually and in his official capacity as member of the Board of Education of the Lewisville School District No. 1, A Public Body Corporate; Steve Groves, Individually and as member of the Board of Education of the Lewisville School District No. 1, A Public Body Corporate; Carolyn Moss, Individually and as member of the Board of Education of the Lewisville School District No. 1, A Body Corporate; Johnny Ross, Individually and as member of the Board of Education of the Lewisville School District No. 1, A Body Corporate, Defendants. v. Arkansas Department of Education; Arkansas State Board of Education, Intervenors-Appellants. Larry Milton, on behalf of Himself and Infants Shanna Milton and Shana Milton, by next friend Shanna Milton, by next friend Shana Milton; Willie D. Harris, Dr.; on Behalf of Himself and Infant Mark Neil, by next friend Mark Neil; Bobbie Ray Cheeks, on Behalf of Infant Bobbie Ray, Jr., by next friend Bobbie Ray, Jr., Plaintiffs-Appellees. Lee Nayles, Dr.; on Behalf of Himself and Infant Jon Nayles, by next friend Jon Nayles Plaintiff. Terry Alexander, Plaintiff-Appellee. v. Bill Clinton, Governor of the St. of AR; Individually, Defendant. Arkansas State Board of Education; Arkansas State Board of Education, Defendants-Appellants. Jeff Starling, Member, Arkansas State Board of Education; Earle Love, Member, Arkansas State Board of Education; Robert L. Newton, Member, Arkansas State Board of Education; L. D. Harris, Member, Arkansas State Board of Education; Harry P. McDonald, Member, Arkansas State Board of Education; Alice L. Preston, Member, Arkansas State Board of Education; Elaine Scott, Member, Arkansas State Board of Education; Walter Turnbow, Member, Arkansas State Board of Education; Nancy Wood, Member, Arkansas State Board of Education; Camden, AR School District No. 35, The Board of Education of the, A Public Body Corporate; Camden, AR Housing Authority, The Board of Directors of the, A Public Body Corporate; Camden, AR, City of, A Public Body Corporate; Harmony Grove, AR School District, The Board of Education of the, A Public Body Corporate; Burton Burton, Director, Arkansas Department of Education, Defendants. v. Camden, AR Fairview School District, A Public Body Corporate, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 31, 2020.


Attorney(s) appearing for the Case

Anna Marks Baldwin , Attorney, U.S. DEPARTMENT OF JUSTICE, Civil Rights Division, Washington, D.C., Jonathan D. Newton , U.S. DEPARTMENT OF JUSTICE, Civil Rights Division, Criminal Section, Washington, DC, Bonnie I. RobinVergeer , Senior Attorney, U.S. DEPARTMENT OF JUSTICE, Appellate Section, Washington, DC, for Plaintiff-Appellee United States of America.

Whitney F. Moore , Allen P. Roberts , ALLEN P. ROBERTS, P.A., Camden, AR, for Defendants-Appellees Junction City School District, R.L. Bolen, Junction City School Board, William Dale Franks, Lafayette County School District and Camden, AR Fairview School District.

Nicholas Jacob Bronni , KaTina HodgeGuest , Renae Ford Hudson , Rosalyn Lynette Middleton , Assistant Attorneys General, Dylan L. Jacobs , Assistant Solicitor General, ATTORNEY GENERAL'S OFFICE, Little Rock, AR, for Intervenors-Appellants Arkansas Department of Education and Arkansas State Board of Education.

Brittany S. Ford , QUATTLEBAUM & GROOMS, Little Rock, AR, for Amicus Curiae Lance Harrison and Amici on Behalf of Appellants Brittany Harrison, Katelyn Williams, Chase Williams, Chasity Klutts, Sarah McCoy and Cole McCoy.

Mark Terry Burnette , MITCHELL & BLACKSTOCK, Little Rock, AR, Shawn Garrick Childs , John Winfred Walker, Sr. , JOHN W. WALKER , Little Rock, AR, for Plaintiffs-Appellees Rosie L. Davis, Larry Milton, Willie D. Harris, Dr., Bobbie Ray Cheeks and Terry Alexander.

Shawn Garrick Childs , John Winfred Walker, Sr. , JOHN W. WALKER , Little Rock, AR, Austin Porter, Jr. , Little Rock, AR, for Plaintiffs-Appellees Mary Turner, Lucy Cheatham, Mary Rose, Obie Sasser, Barbara Dudley, Ida Dudley, Rosie Blair, Johnny Blair, Robert Wise, and Mildred Thompson.

Nicholas Jacob Bronni , KaTina HodgeGuest , Renae Ford Hudson , Rosalyn Lynette Middleton , Assistant Attorneys General, Dylan L. Jacobs , Assistant Solicitor General, ATTORNEY GENERAL'S OFFICE, Little Rock, AR, Sharon Carden Streett, Little Rock, AR, for Defendant Burton Burton.

Before ERICKSON, MELLOY, and KOBES, Circuit Judges.


Camden-Fairview School District, Hope School District No. 1A, Junction City School District, and Lafayette County School District ("the Districts") sought modification of existing desegregation consent decrees to allow their exemption from Arkansas's Public School Choice Act. Ark. Code. Ann. § 6-18-1906 (2017). The...

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