Little Rock Sch. v. North Little Rock Sch.

• Decision Date: 05 August 2004
• Docket Number: No. 03-3088.,No. 03-3404.,03-3088.,03-3404.
• Citation: 378 F.3d 774
• Parties: LITTLE ROCK SCHOOL DISTRICT, Plaintiff, Servicemaster Management Services; Blytheville School District; Bryant School District; Fort Smith School District; West Memphis School District; Altus-Denning School District; Ashdown School District; Barton-Lexa School District; Batesville School District; Biggers-Reyno School District; Black Rock School District; Bright Star School District; Brinkley School District; Centerpoint School District; Clarendon School District; Cotton Plant School District; Cutter Morning Star School District; Dewitt School District; Dollarway School District; Foreman School District; Fountain Lake School District; Gillett School District; Glen Rose School District; Guy-Perkins School District; Hoxie School District; Jonesboro School District; Kirby School District; Lavaca School District; Lewisville School District; Magazine School District; Malvern School District; Mammoth Spring School District; Manila School District; Maynard School District; Oden School District; Ozark School District; Plainview-Rover School District; Pocahontas School District; Prairie Grove School District; South Conway School District; Spring Hill School District; Stamps School District; Stephens School District; Turrell School District; Van Buren School District; Warren School District; Watson Chapel School District; West Fork School District; White Hall School District; Winslow School District; Wonderview School District; Yellville-Summit School District; Alma School District; Alread School District; Beebe School District; Bentonville School District; Bergman School District; Berryville School District; Blevins School District; Booneville School District; Bradford School District; Buffalo Island School District; Caddo Hills School District; Carthage School District; Charleston School District; Corning School District; County Line Public School District; Crossett School District; Decatur School District; Dermott School District; Dumas School District; Elaine School District; Fordyce School District; Gosnell School District; Grady School District; Greeb County Technical Schools; Green Forest School District; Greenland School District; Greenwood School District; Harrisburg School District; Hamburg School District; Holly Grove School District; Huttig School District; Jackson County School District; Junction City School District; Lakeside School District; Lead Hill School District; Leslie School District; Marion School District; Marshall School District; Mayflower School District; McGehee School District; Mountainburg School District; Nettleton School District; Newport School District; Ola School District; Paragould School District; Parkin School District; Pleasant View School District; Quitman School District; Rural Special School District; Saratoga School District; Searcy School District; Smackover School District; Southside School District # 2 Bee Branch; Strong School District; Stuttgart School District; Valley Spring School District; Waldron School District; Weiner School District; Wickes School District; Wynne School District, Intervenor Plaintiffs, North Little Rock Classroom Teachers Association; Pulaski Association of Classroom Teachers; Little Rock Classroom Teachers Association; Alexa Armstrong; Karlos Armstrong; Ed Bullington; Khayyam Davis; John Harrison; Alvin Hudson; Tatia Hudson; Milton Jackson; Lorene Joshua; Leslie Joshua; Stacy Joshua; Wayne Joshua; Katherine Knight; Sara Facen; Derrick Miles; Janice Miles; John M. Miles; NAACP; Joyce Person; Brian Taylor; Hilton Taylor; Parsha Taylor; Robert Willingham; Tonya Willingham, Intervenor Plaintiffs/Appellees, v. NORTH LITTLE ROCK SCHOOL DISTRICT, Defendants, Pulaski County Special School District, Defendants/Appellees, State of Arkansas, Defendant, Office of Desegregation Monitor, Claimant, Northeast Arkansas School District, Movant Below. Dale Charles; Robert L. Brown, Sr.; Gwen Hevey Jackson; Diane Davis; Raymond Frazier, Plaintiffs, v. Pulaski County Board of Education, Defendants/Appellees, Patricia Gee, Individually and in her Official Capacity as a Member of the Board of Education of the Little Rock School District, A Public Body; George Cannon, Dr., Individually and in his Official Capacity as a Member of the Board of Education of the Little Rock School District, A Public Body; Katherine Mitchell, Dr., Individually and in her Official Capacity as a Member of the Board of Education of the Little Rock School District, a Public Body; W.D. Hamilton, also known as Bill Hamilton, Individually and in his Official Capacity as a Member of the Board of Education of the Little Rock School District, A Public Body; Cecil Bailey, Individually and in his Official Capacity as a Member of the Pulaski County Board of Education, a Public Corporate; Thomas Broughton, Individually and in his Official Capacity as a Member of the Pulaski County Board of Education, a Public Corporate; Martin Zoldessy, Dr., Individually and in his Official Capacity as a Member of the Pulaski Board of Education, a Public Corporate, Defendants, Greg Bollen; James Bolden; Martha Whatley; Sue Ann Whisker, Movant Below/Appellants. Little Rock School District, Plaintiff, Servicemaster Management Services; Blytheville School District; Bryant School District; Fort Smith School District; West Memphis School District; Altus-Denning School District; Ashdown School District; Barton-Lexa School District; Batesville School District; Biggers-Reyno School District; Black Rock School District; Bright Star School District; Brinkley School District; Centerpoint School District; Clarendon School District; Cotton Plant School District; Cutter Morning Star School District; Dewitt School District; Dollarway School District; Foreman School District; Fountain Lake School District; Gillett School District; Glen Rose School District; Guy-Perkins School District; Hoxie School District; Jonesboro School District; Kirby School District; Lavaca School District; Lewisville School District; Magazine School District; Malvern School District; Mammoth Spring School District; Manila School District; Maynard School District; Oden School District; Ozark School District; Plainview-Rover School District; Pocahontas School District; Prairie Grove School District; South Conway School District; Spring Hill School District; Stamps School District; Stephens School District; Turrell School District; Van Buren School District; Warren School District; Watson Chapel School District; West Fork School District; White Hall School District; Winslow School District; Wonderview School District; Yellville-Summit School District; Alma School District; Alread School District; Beebe School District; Bentonville School District; Bergman School District; Berryville School District; Blevins School District; Booneville School District; Bradford School District; Buffalo Island School District; Caddo Hills School District; Carthage School District; Charleston School District; Corning School District; County Line Public School District; Crossett School District; Decatur School District; Dermott School District; Dumas School District; Elaine School District; Fordyce School District; Gosnell School District; Grady School District; Greeb County Technical Schools; Green Forest School District; Greenland School District; Greenwood School District; Harrisburg School District; Hamburg School District; Holly Grove School District; Huttig School District; Jackson County School District; Junction City School District; Lakeside School District; Lead Hill School District; Leslie School District; Marion School District; Marshall School District; Mayflower School District; McGehee School District; Mountainburg School District; Nettleton School District; Newport School District; Ola School District; Paragould School District; Parkin School District; Pleasant View School District; Quitman School District; Rural Special School District; Saratoga School District; Searcy School District; Smackover School District; Southside School District # 2 Bee Branch; Strong School District; Stuttgart School District; Valley Spring School District; Waldron School District; Weiner School District; Wickes School District; Wynne School District; North Little Rock Classroom Teachers Association, Intervenor/Plaintiff, Pulaski Association of Classroom Teachers; Little Rock Classroom Teachers Association; Alexa Armstrong; Karlos Armstrong; Ed Bullington; Khayyam Davis; John Harrison; Alvin Hudson; Tatia Hudson; Milton Jackson; Lorene Joshua, Intervenor Plaintiffs/Appellants, Leslie Joshua; Stacy Joshua; Wayne Joshua; Katherine Knight; Sara Facen; Derrick Miles; Janice Miles; John M. Miles; NAACP; Joyce Person; Brian Taylor; Hilton Taylor; Parsha Taylor; Robert Willingham; Tonya Willingham, Intervenor Plaintiffs, v. North Little Rock School District, Defendant, Pulaski County Special School District, Defendant/Appellant, State of Arkansas, Defendant, Office of Desegregation Monitor, Claimant, Northeast Arkansas School District, Movant Below. Dale Charles; Robert L. Brown, Sr.; Gwen Hevey Jackson; Diane Davis; Raymond Frazier, Plaintiffs, v. Pulaski County Board of Education; Patricia Gee, Individually and in her Official Capacity as a Member of the Board of Education of the Little Rock School District, A Public Body; George Cannon, Dr., Individually and in his Official Capacity as a Member of the Board of Education of the Little Rock School District, A Public Body; Katherine Mitchell, Dr., Individually and in her Official Capacity as a Member of the Board of Education of the Little Rock School District, a Public Body; W.D. Hamilton, also known as Bill Hamilton, Individually and in his Official Capacity as a Member of the Board of Education of the Little Rock School District, A Public Body; Cecil Bailey, Individually and in his Official Capacity as a Member of the Pulaski County Board of Education, a Public Corporate; Thomas Broughton, Individually and in his Official Capacity as a Member of the Pulaski County Board of Education, a Public Corporate; Martin Zoldessy, Individually and in his Official Capacity as a Member of the Pulaski Board of Education, a Public Corporate, Defendants, Greg Bollen; James Bolden; Martha Whatley; Sue Ann Whisker, Movant Below/Appellees.
• Court: U.S. Court of Appeals — Eighth Circuit

378 F.3d 774

LITTLE ROCK SCHOOL DISTRICT, Plaintiff,

Servicemaster Management Services; Blytheville School District; Bryant School District; Fort Smith School District; West Memphis School District; Altus-Denning School District; Ashdown School District; Barton-Lexa School District; Batesville School District; Biggers-Reyno School District; Black Rock School District; Bright Star School District; Brinkley School District; Centerpoint School District; Clarendon School District; Cotton Plant School District; Cutter Morning Star School District; Dewitt School District; Dollarway School District; Foreman School District; Fountain Lake School District; Gillett School District; Glen Rose School District; Guy-Perkins School District; Hoxie School District; Jonesboro School District; Kirby School District; Lavaca School District; Lewisville School District; Magazine School District; Malvern School District; Mammoth Spring School District; Manila School District; Maynard School District; Oden School District; Ozark School District; Plainview-Rover School District; Pocahontas School District; Prairie Grove School District; South Conway School District; Spring Hill School District; Stamps School District; Stephens School District; Turrell School District; Van Buren School District; Warren School District; Watson Chapel School District; West Fork School District; White Hall School District; Winslow School District; Wonderview School District; Yellville-Summit School District; Alma School District; Alread School District; Beebe School District; Bentonville School District; Bergman School District; Berryville School District; Blevins School District; Booneville School District; Bradford School District; Buffalo Island School District; Caddo Hills School District; Carthage School District; Charleston School District; Corning School District; County Line Public School District; Crossett School District; Decatur School District; Dermott School District; Dumas School District; Elaine School District; Fordyce School District; Gosnell School District; Grady School District; Greeb County Technical Schools; Green Forest School District; Greenland School District; Greenwood School District; Harrisburg School District; Hamburg School District;

Holly Grove School District; Huttig School District; Jackson County School District; Junction City School District; Lakeside School District; Lead Hill School District; Leslie School District; Marion School District; Marshall School District; Mayflower School District; McGehee School District; Mountainburg School District; Nettleton School District; Newport School District; Ola School District; Paragould School District; Parkin School District; Pleasant View School District; Quitman School District; Rural Special School District; Saratoga School District; Searcy School District; Smackover School District; Southside School District # 2 Bee Branch; Strong School District; Stuttgart School District; Valley Spring School District; Waldron School District; Weiner School District; Wickes School District; Wynne School District, Intervenor Plaintiffs, North Little Rock Classroom Teachers Association; Pulaski Association of Classroom Teachers; Little Rock Classroom Teachers Association; Alexa Armstrong; Karlos Armstrong; Ed Bullington; Khayyam Davis; John Harrison; Alvin Hudson; Tatia Hudson; Milton Jackson; Lorene Joshua; Leslie Joshua; Stacy Joshua; Wayne Joshua; Katherine Knight; Sara Facen; Derrick Miles; Janice Miles; John M. Miles; NAACP; Joyce Person; Brian Taylor; Hilton Taylor; Parsha Taylor; Robert Willingham; Tonya Willingham, Intervenor Plaintiffs/Appellees, v. NORTH LITTLE ROCK SCHOOL DISTRICT, Defendants, Pulaski County Special School District, Defendants/Appellees, State of Arkansas, Defendant, Office of Desegregation Monitor, Claimant,

Northeast Arkansas School District, Movant Below.

Dale Charles; Robert L. Brown, Sr.; Gwen Hevey Jackson; Diane Davis; Raymond Frazier, Plaintiffs, v. Pulaski County Board of Education, Defendants/Appellees, Patricia Gee, Individually and in her Official Capacity as a Member of the Board of Education of the Little Rock School District, A Public Body; George Cannon, Dr., Individually and in his Official Capacity as a Member of the Board of Education of the Little Rock School District, A Public Body; Katherine Mitchell, Dr., Individually and in her Official Capacity as a Member of the Board of Education of the Little Rock School District, a Public Body; W.D. Hamilton, also known as Bill Hamilton, Individually and in his Official Capacity as a Member of the Board of Education of the Little Rock School District, A Public Body; Cecil Bailey, Individually and in his Official Capacity as a Member of the Pulaski County Board of Education, a Public Corporate; Thomas Broughton, Individually and in his Official Capacity as a Member of the Pulaski County Board of Education, a Public Corporate; Martin Zoldessy, Dr., Individually and in his Official Capacity as a Member of the Pulaski Board of Education, a Public Corporate, Defendants, Greg Bollen; James Bolden; Martha Whatley; Sue Ann Whisker, Movant Below/Appellants Little Rock School District, Plaintiff Servicemaster Management Services; Blytheville School District; Bryant School District; Fort Smith School District; West Memphis School District; Altus-Denning School District; Ashdown School District; Barton-Lexa School District; Batesville School District; Biggers-Reyno School District; Black Rock School District; Bright Star School District; Brinkley School District; Centerpoint School District; Clarendon School District; Cotton Plant School District; Cutter Morning Star School District; Dewitt School District; Dollarway School District; Foreman School District; Fountain Lake School District; Gillett School District; Glen Rose School District; Guy-Perkins School District; Hoxie School District; Jonesboro School District; Kirby School District; Lavaca School District; Lewisville School District; Magazine School District; Malvern School District; Mammoth Spring School District; Manila School District; Maynard School District; Oden School District; Ozark School District; Plainview-Rover School District; Pocahontas School District; Prairie Grove School District; South Conway School District; Spring Hill School District; Stamps School District; Stephens School District; Turrell School District; Van Buren School District; Warren School District; Watson Chapel School District; West Fork School District; White Hall School District; Winslow School District; Wonderview School District; Yellville-Summit School District; Alma School District; Alread School District; Beebe School District; Bentonville School District; Bergman School District; Berryville School District; Blevins School District; Booneville School District; Bradford School District; Buffalo Island School District; Caddo Hills School District; Carthage School District; Charleston School District; Corning School District; County Line Public School District; Crossett School District; Decatur School District; Dermott School District; Dumas School District; Elaine School District; Fordyce School District; Gosnell School District; Grady School District; Greeb County Technical Schools; Green Forest School District; Greenland School District; Greenwood School District; Harrisburg School District; Hamburg School District; Holly Grove School District; Huttig School District; Jackson County School District; Junction City School District; Lakeside School District; Lead Hill School District; Leslie School District; Marion School District; Marshall School District; Mayflower School District; McGehee School District; Mountainburg School District; Nettleton School District; Newport School District; Ola School District; Paragould School District; Parkin School District; Pleasant View School District; Quitman School District; Rural Special School District; Saratoga School District; Searcy School District; Smackover School District; Southside School District # 2 Bee Branch; Strong School District; Stuttgart School District; Valley Spring School District; Waldron School District; Weiner School District; Wickes School District; Wynne School District; North Little Rock Classroom Teachers Association, Intervenor/Plaintiff, Pulaski Association of Classroom Teachers; Little Rock Classroom Teachers Association; Alexa Armstrong; Karlos Armstrong; Ed Bullington; Khayyam Davis; John Harrison; Alvin Hudson; Tatia Hudson; Milton Jackson; Lorene Joshua, Intervenor Plaintiffs/Appellants, Leslie Joshua; Stacy Joshua; Wayne Joshua; Katherine Knight; Sara Facen; Derrick Miles; Janice Miles; John M. Miles; NAACP; Joyce Person; Brian Taylor; Hilton Taylor; Parsha Taylor; Robert Willingham; Tonya Willingham, Intervenor Plaintiffs, v. North Little Rock School District, Defendant, Pulaski County Special School District, Defendant/Appellant, State of Arkansas, Defendant, Office of Desegregation Monitor, Claimant,

Northeast Arkansas School District, Movant Below.

Dale Charles; Robert L. Brown, Sr.; Gwen Hevey Jackson; Diane Davis; Raymond Frazier, Plaintiffs, v. Pulaski County Board of Education; Patricia Gee, Individually and in her Official Capacity as a Member of the Board of Education of the Little Rock School District, A Public Body; George Cannon, Dr., Individually and in his Official Capacity as a Member of the Board of Education of the Little Rock School District, A Public Body; Katherine Mitchell, Dr., Individually and in her Official Capacity as a Member of the Board of Education of the Little Rock School District, a Public Body; W.D. Hamilton, also known as Bill Hamilton, Individually and in his Official Capacity as a Member of the Board of Education of the Little Rock School District, A Public Body; Cecil Bailey, Individually and in his Official Capacity as a Member of the Pulaski County Board of Education, a Public Corporate; Thomas Broughton, Individually and in his Official...