UNITED STATES v. JUNCTION CITY SCHOOL DIST.

No. 19-1340, No. 19-1342, No. 19-1348, No. 19-1349.

14 F.4th 658 (2021)

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: August 25, 2021.


Attorney(s) appearing for the Case

Counsel who represented the appellants was KaTina Hodge-Guest , AAG, of Little Rock, AR., Nicholas J. Bronni , AAG, of Little Rock, AR., and Dylan L. Jacobs , AAG, of Little Rock, AR.

Counsel who represented the appellee, United States of America, in case 19-1340, was Bonnie I. Robin-Vergeer , USDOJ, of Washington, D.C., and Anna M. Baldwin , USDOJ, of Washington, D.C.

Counsel who represented appellees R.L Bolen, Junction City School Board and Junction City School District in 19-1340, appellees Rosie L. Davis and William Dale Franks in 19-1342, appellees Johnny Blair, Rosie Blair, Lucy Cheatham, Barbara Dudley, Ida Dudley, Lafayette County School District, Mary Rose, Obie Sasser, Mildred Thompson, Mary Turner and Robert Wise in 19-1348, and appellees Terry Alexander, Camden AR Fairview School District, Bobbie Ray Cheeks, Willie D. Harris, and Larry Milton in 19-1349, was Whitney F. Moore , of Camden, AR., and Shawn G. Childs , of Little Rock, AR.

Before ERICKSON, MELLOY, and KOBES, Circuit Judges.


Four school districts in Arkansas sought modification of decades-old desegregation orders so that they could be exempt from a newly passed Arkansas school-choice law. The district court granted the school districts' motions and modified the desegregation orders to explicitly limit the transfer of students between school districts. The Arkansas...

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