Indian Oasis-Baboquivari Unified School Dist. No. 40 of Pima County, Ariz. v. Kirk, OASIS-BABOQUIVARI
| Decision Date | 20 February 1997 |
| Docket Number | No. 93-16089,OASIS-BABOQUIVARI,No. 20,20,93-16089 |
| Citation | 109 F.3d 634 |
| Parties | , 116 Ed. Law Rep. 900, 97 Cal. Daily Op. Serv. 2113, 97 Daily Journal D.A.R. 3913 INDIANUNIFIED SCHOOL DISTRICT NO. 40 OF PIMA COUNTY, ARIZONA; Whiteriver Unified School Districtof Navajo County; Clifford Pablo, next best friend of Clifford Pablo, Jr.; Cynthia Parker, Guardian of David Parker; Edlina Thompson, next best friend of Nelson Lupe, Plaintiffs-Appellants, v. James Lee KIRK, in his official capacity as Treasurer of Pima County, Arizona; C. Diane Bishop, in her official capacity as Superintendent of Public Instruction for the State of Arizona; Anita Lohr, in her official capacity as County School Superintendent for Pima County, Arizona; J.R. Despain in his official capacity as Treasurer of Navajo County, Arizona; William Bennett, in his official capacity as County School Superintendent for Navajo County, Arizona, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Ninth Circuit |
John R. McDonald, DeConcini, McDonald, Brammer, Yetwin & Lacy, Tucson, Arizona; and C. Benson Hufford, Hufford, Horstman, McCullough & Mongini, Flagstaff, Arizona, for plaintiffs-appellants.
Anthony B. Ching, Deputy Attorney General, Phoenix, Arizona, for defendants-appellees.
Appeal from the United States District Court for the District of Arizona, Charles R. Weiner, District Judge, Presiding. D.C. No. CV-92-00866-CRW.
Before: HUG, Chief Judge, PREGERSON, HALL, WIGGINS, BRUNETTI, NOONAN, TROTT, FERNANDEZ, T.G. NELSON, KLEINFELD, and TASHIMA, Circuit Judges.
Two public school districts and several students and their parents brought this action against Arizona's Superintendent of Public Instruction and several local officials. The plaintiffs challenged an Arizona statute requiring county treasurers to pay a portion of a school district's ending cash balance to a state fund used for equalization of funds among school districts. The plaintiffs sought declaratory and injunctive relief holding that the Arizona law violates both the Federal Impact Aid Law, 20 U.S.C. §§ 236-44, and the Supremacy Clause of the United States Constitution.
On defendants' motion to dismiss, the district court held that the school districts lacked standing to sue the State of Arizona in federal court because the districts are political subdivisions of the state. The district court also concluded that the students failed to allege distinct injury which was not derivative of the injury alleged by the school districts. As a result, the district court dismissed the school districts' claims with prejudice. Then, in a separate paragraph, the district court dismissed the claims of the students and their parents without prejudice and with leave to file an amended complaint. The plaintiffs collectively appealed without obtaining a certification order pursuant to Federal Rule of Civil Procedure 54(b).
We considered the plaintiffs' appeal on the merits and affirmed without discussing our jurisdiction. See Indian Oasis-Baboquivari Unified Sch. Dist. v. Kirk, 91 F.3d 1240 (9th Cir.1996). We then agreed to rehear the case en banc.
A recent en banc decision of this court has resolved some lingering uncertainty in this circuit about whether certain orders of dismissal are indeed appealable. In WMX Technologies, Inc. v. Miller, 104 F.3d 1133 (9th Cir.1997) (en banc ) ("WMX "), we dismissed...
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