17 F.3d 260 (8th Cir. 1994), 93-1178, Little Rock School Dist. v. Pulaski County Special School Dist., No. 1

Docket Nº:93-1178.
Citation:17 F.3d 260
Party Name:LITTLE ROCK SCHOOL DISTRICT; Appellee, Anne Mitchell; Bob Moore; Pat Gee; Pat Rayburn; Mary J. Gage; North Little Rock Classroom Teachers Association; Pulaski Association of Classroom Teachers; Little Rock Classroom Teachers Association; Alexa Armstrong; Karlos Armstrong; Ed Bullington; Khayyam Davis; Janice Dent; John Harrison; Alvin Hudson; Tatia
Case Date:February 25, 1994
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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Page 260

17 F.3d 260 (8th Cir. 1994)

LITTLE ROCK SCHOOL DISTRICT; Appellee,

Anne Mitchell; Bob Moore; Pat Gee; Pat Rayburn; Mary J.

Gage; North Little Rock Classroom Teachers Association;

Pulaski Association of Classroom Teachers; Little Rock

Classroom Teachers Association; Alexa Armstrong; Karlos

Armstrong; Ed Bullington; Khayyam Davis; Janice Dent;

John Harrison; Alvin Hudson; Tatia Hudson; Milton

Jackson; Intervenors,

Lorene Joshua; Leslie Joshua; Stacy Joshua; Wayne Joshua;

Appellants,

Katherine Knight; Appellee,

Sara Matthews; Becky McKinney; Derrick Miles; Janice

Miles; John M. Miles; NAACP; Joyce Person; Brian Taylor;

Hilton Taylor; Parsha Taylor; Robert Willingham; Tonya

Willingham; Intervenors,

v.

PULASKI COUNTY SPECIAL SCHOOL DISTRICT, # 1; Appellee,

North Little Rock School District; Leon Barnes; Sheryl

Dunn; Mac Faulkner; Richard A. Giddings; Marianne Gosser;

Don Hindman; Shirley Lowery; Bob Lyon; George A.

McCrary; Bob Moore; Steve Morley; Buddy Raines; David

Sain; Bob Stender; Dale Ward; John Ward; Judy Wear;

Grainger Williams, Defendants.

Philip E. Kaplan; Janet Pulliam; John Bilheimer; Movants,

Office of Desegregation Monitor, Claimant.

No. 93-1178.

United States Court of Appeals, Eighth Circuit

February 25, 1994

Submitted Jan. 11, 1994.

Page 261

[Copyrighted Material Omitted]

Page 262

Before RICHARD S. ARNOLD, Chief Judge, HEANEY, Senior Circuit Judge, and WOLLMAN, Circuit Judge.

HEANEY, Senior Circuit Judge.

Lorene, Leslie, Stacy, and Wayne Joshua (the Joshuas) appeal an order of the district court denying their motion for costs and attorneys fees for their activities opposing the Pulaski County Special School District's (PCSSD) proposed budget cuts and reorganization. See 42 U.S.C. Sec. 1988. The parties to this action are operating under a desegregation settlement agreement. In March 1992, PCSSD filed a Special Status Report, informing the district court that the PCSSD Board of Directors had voted to make budget cuts which would affect the settlement agreement by eliminating and combining certain instructional and administrative positions. In response, the Joshuas filed objections to PCSSD's plan to combine its Office of Desegregation with its Office of Pupil Personnel. After holding a hearing on the budget cuts, the court ordered the restoration of several instructional division positions and took the Joshuas' objections under advisement. The court later held that the Joshuas' objections were moot because PCSSD voluntarily had abandoned the Office of Desegregation reorganization (reorganization). The Joshuas then moved for an award of fees and costs with respect to the budget cuts and reorganization. The district court denied fees and costs on both issues. The Joshuas appeal, and we affirm in part, reverse in part, and remand.

The Joshuas argue that the district court abused its discretion in denying them fees after it found that the Joshuas' activities were "instrumental" in thwarting the...

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