Parents for Qual. Educ. v. Ft. Wayne Community Schools
| Citation | 662 F. Supp. 1475 |
| Decision Date | 22 June 1987 |
| Docket Number | No. F 86-325.,F 86-325. |
| Parties | PARENTS FOR QUALITY EDUCATION WITH INTEGRATION, INC.; Brandy, Mylan and Demaraus Brown by their mother and next friend Alisha Brown; Scepter Brownlee, by his mother and next friend, Ora Brownlee; Torrey and Tereseca Cook, by their parents and next friends, Regina and Richard Cook; Phillip Harris, by his mother and next friend, Diane Harris; Jason and Shawn Hutchens, by their mother and next friend, Carolyn Hutchens; Gwenetta Lewis, by her mother and next friend, Patricia Lewis; Marco, Derrick, Shyra, Antonia and Kendice McClain, by their mother and next friend, Florence McClain; Kendrick Sanders, by his mother and next friend, Jacquelyn Sanders; Timothy J. and Brenittella Sneed, by their mother and next friend, Mary A. Sneed; Terrie Young, by her mother and next friend, Edith L. Young; Emily Fairchild, by her parents and next friends, Janice L. and David L. Fairchild; Claire and Daniel Sachs, by their parents and next friends, Barbara and Jeremy Sachs, and all others similarly situated, Plaintiffs, v. FORT WAYNE COMMUNITY SCHOOLS CORPORATION; Dr. Bill C. Anthis, Superintendent of the Fort Wayne Community Schools; Ann K. Silletto, President of the Fort Wayne Community Schools Board of School Trustees; Stephen Corona, Richard T. Doermer, Ronald G. Kleopfer, Dr. Bernard Stuart, Dr. Jeff H. Towles, and Eugene A. Yergens, Members of the Fort Wayne Community Schools Board of School Trustees, and the State of Indiana; Robert D. Orr, Governor of the State of Indiana; Linley E. Pearson, Attorney General of The State of Indiana; Dr. H. Dean Evans, State Superintendent of Public Instruction and Chairman of the State Board of Education; and Dr. Robert Krajewski, T. Randall Tucker; Mrs. Jeanette Moeller; Joan B. McNagny; Dr. Robert Hanni; Ronald Klene; Theressa Bynum; Bettye Lou Jerrell, G. Patrick Hoehn; and Eugene L. Henderson; members of the Indiana State Board of Education; and the Indiana Department of Education, Defendants. |
| Court | U.S. District Court — Northern District of Indiana |
William L. Taylor, Dianne M. Piche, Washington, D.C., Julius L. Chambers, Theodore M. Shaw, Norman J. Chachkin, New York City, Thomas J. Henderson, Pittsburgh, Pa., Clifton E. Files, Fort Wayne, Ind., for plaintiffs.
Robert S. Walters, James P. Fenton, Fort Wayne, Ind., David Michael Wallman, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, Ind., for defendants.
Richard J. Darko, Indianapolis, Ind., Frederick R. Tourkow, Fort Wayne, Ind., for amicus curiae Fort Wayne Educ. Ass'n.
This case is before the court on the defendants', State of Indiana; Robert D. Orr, Governor of the State of Indiana; Linley E. Pearson, Attorney General of the State of Indiana; Dr. H. Dean Evans, State Superintendent of Public Instruction and Chairman of the State Board of Education; Dr. Robert Krajewski; T. Randall Tucker; Mrs. Jeanette Moeller; Joan B. McNagny, Dr. Robert Hanni; Ronald Klene; Theressa Bynum; Bettye Lou Jerrell; G. Patrick Hoehn; Eugene L. Henderson; and the Indiana Department of Education (referred to collectively as State defendants), Motion to Dismiss pursuant to Rule 12 of the Federal Rules of Civil Procedure. That motion was filed on November 25, 1986, before the State defendants filed an answer. The court, during a pretrial conference, gave the plaintiffs (collectively referred to as PQEI) until January 13, 1987, to respond to the State defendants' motion to dismiss. Subsequently, on January 13, 1987, PQEI filed a brief in opposition to the motion to dismiss. The court heard oral argument on the motion to dismiss on May 27, 1987; the matter is now ripe for decision.
The jurisdiction of this court is premised upon Sections 1331, 1343(a)(3) and (4), 2201 and 2202 of Title 28 of the United States Code. The case or controversy is alleged to arise under Sections 1981, 1983, 1985, 1988 and 2000d et seq. of Title 42 of the United States Code; the Thirteenth and Fourteenth Amendments to the Constitution of the United States; Indiana State Constitution Article 1, § 23 and Article 8, § 1; and Indiana Code Sections 20-8-1-2-1 sic, 20-8.1-2-3, 20-8.1-2-5 and 20-8.1-2-6. Based upon the record before this court jurisdiction premised upon a federal question is properly alleged.
The facts alleged in the complaint relevant to the pending motion to dismiss are brief. The court does not consider unsupported conclusory statements included in the numbered paragraphs of the complaint as facts pertinent to the pending motion to dismiss. PQEI alleges that the Fort Wayne Community Schools Corporation (FWCS) established and has maintained a racially dual school system. In 1949 the State of Indiana adopted a statute which permitted children to enroll in schools closest to their homes and required segregated districts to begin desegregation efforts. See, I.C. §§ 20-8.1-2-1, 20-8.1-2-3, 20-8.1-2-5 and 20-8.1-2-6. PQEI alleges that between 1949 and 1954 the State defendants "failed to act effectively, pursuant to the 1949 Act, to require and accomplish the disestablishment of racially dual school systems in the State, including the dual system in Fort Wayne." Further, PQEI alleges that since 1954 the State defendants "refused to act effectively to fulfill their constitutional obligation to dismantle the dual system in Fort Wayne." The alleged "omissions include, but are not limited to a failure to supervise, regulate, monitor or control the segregation practices and policies ... a failure or refusal to act to dismantle the dual system ... engaging in racially discriminatory practices ... and abdicating their responsibility to exercise their authority to authorize and approve all public school construction projects." PQEI alleges that those acts constitute past, present and continuing violations of constitutional and statutory rights. As a consequence of the alleged violation of federal and state constitutional and legal rights PQEI prays for relief which includes a declaratory judgment under 28 U.S.C. § 2201 against all defendants; an injunction under 28 U.S.C. § 2202 against all defendants enjoining all defendants from violating the Federal and State Constitutions and laws; an order requiring all defendants to develop and implement an equitable plan of desegregation; and an assessment of costs pursuant to 42 U.S.C. § 1988.
The court in analyzing a motion to dismiss utilizes the standards established by the Supreme Court of the United States in Conley v. Gibson, 355 U.S. 41, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957). Hishon v. King & Spaulding, 467 U.S. 69, 73, 104 S.Ct. 2229, 2232, 81 L.Ed.2d 59 (1984). The Supreme Court in Conley held that:
In appraising the sufficiency of the complaint we follow, of course, the accepted rule that a complaint should not be dismissed ... unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim that would entitle him to relief.
Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-102, 2 L.Ed.2d 80 (1957); accord, Hishon, 467 U.S. at 73, 104 S.Ct. at 2232; Vaden v. Village of Maywood, Illinois, 809 F.2d 361, 363 (7th Cir.1987), cert. denied ___ U.S. ___, 107 S.Ct. 2489, 96 L.Ed.2d 381 (1987); Miniat, Inc. v. Globe Life Ins. Group, Inc., 805 F.2d 732, 735 (7th Cir.1986), cert. denied (June 8, 1987); Morgan v. Bank of Waukegan, 804 F.2d 970, 973 (7th Cir.1986). In addition, "we must accept as true all well-pleaded factual allegations in the complaint." Vaden, 809 F.2d at 363; Doe on behalf of Doe v. St. Joseph's Hospital of Fort Wayne, 788 F.2d 411, 414 (7th Cir.1986); Ellsworth v. City of Racine, 774 F.2d 182, 184 (7th Cir.1985), cert. denied, ___ U.S. ___, 106 S.Ct. 1265, 89 L.Ed.2d 574 (1986). Further "pleadings are to be liberally construed and mere vagueness or lack of detail does not constitute sufficient grounds for a motion to dismiss." Strauss v. City of Chicago, 760 F.2d 765, 767 (7th Cir.1985); accord, Doe on behalf of Doe v. St. Joseph Hospital of Fort Wayne, 788 F.2d at 414. "A complaint must state either direct or inferential allegations concerning all of the material elements necessary for recovery under the relevant legal theory." Carl Sandberg Village Condominium Ass'n v. First Condominium Development Co., 758 F.2d 203, 207 (7th Cir.1985), citing, Sutcliff, Inc. v. Donovan Companies, Inc., 727 F.2d 648, 654 (7th Cir.1984).
Although the Thirteenth Amendment was not raised as an issue in the State defendants' motion to dismiss, during oral argument the issue was raised. After careful analysis of the pleadings, the court has been unable to discern any possible factual basis, including conclusory allegations, which supports any reasonable inference that a claim premised upon the Thirteenth Amendment of the Constitution of the United States exists in the complaint. Consequently, any claims in the complaint premised solely upon the Thirteenth Amendment of the Constitution of the United States are dismissed.
The State defendants challenged the standing of PQEI as well as several individual plaintiffs. The "core component" of standing "derived directly from the constitution" is that "a plaintiff must allege personal injury fairly traceable to the defendant's alleged unlawful conduct and likely to be redressed by the requested relief." Allen v. Wright, 468 U.S. 737, 751, 104 S.Ct. 3315, 3324, 82 L.Ed.2d 556 (1984), reh'g denied, 468 U.S. 1250, 105 S.Ct. 51, 82 L.Ed.2d 942 (1984); see also, Valley Forge Christian College v. Americans United for Separation of Church and State, Inc., 454 U.S. 464, 472, 102 S.Ct. 752, 758, 70 L.Ed.2d 700 (1982); Watt v. Energy Action Educational Foundation, 454 U.S. 151, 161, 102 S.Ct. 205, 212, 70 L.Ed.2d 309 (1981); Duke Power Co. v. Carolina Environmental Study Group, Inc., 438 U.S. 59, 72, 98 S.Ct. 2620, 2629, 57 L.Ed.2d 595 (1978); Arlington Heights v. Metropolitan Housing Development Corp., 429 U.S. 252,...
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