Parents for Quality Education with Integration, Inc. v. Indiana
Opinion of the Court
This case comes before us on an interlocutory appeal from the denial of the defendants’ motion for summary judgment. The district court certified two questions for appeal:
1. Whether the Eleventh Amendment permits continuation of a desegregation suit against State Defendants after a court-approved settlement decree between the Plaintiffs and the local school defendants; and
2. Whether the Court can and should consider shifting between the local and state governments the costs of financing a desegregation remedy prior to failure or impending failure of the financing mechanism developed by the parties and approved by the Court.
Order Clarifying Entry of August 19, 1991, at 2 (Sept. 18, 1991). We granted permission to appeal on October 9, 1991, and now affirm.
I.
Parents for Quality Education with Integration, Incorporated, and certain students in the Fort Wayne, Indiana, public schools brought this suit against the State of Indiana, the Fort Wayne Community Schools (FWCS) and various state and local officials, alleging that the public elementary schools of Fort Wayne are racially segregated as a result of both past and present actions of the defendants. On January 24, 1990, the district court approved a settlement agreement between the plaintiffs
After the agreement was approved, the state defendants moved for summary judgment
II.
The Eleventh Amendment prohibits a citizen from suing a state in federal court “unless [the state] consents] to it in unequivocal terms or unless Congress, pursuant to a valid exercise of power, unequivocally expresses its intent to abrogate the immunity.” Green v. Mansour, 474 U.S. 64, 68, 106 S.Ct. 423, 425, 88 L.Ed.2d 371 (1985). The Eleventh Amendment also bars a suit against state officials if it is in fact a suit against the state — that is, if “the effect of the judgment would be to restrain the Government from acting, or to compel it to act.” Pennhurst State School & Hosp. v. Halderman, 465 U.S. 89, 101 n. 11, 104 S.Ct. 900, 908 n. 11, 79 L.Ed.2d 67 (1984) (quoting Dugan v. Rank, 372 U.S. 609, 620, 83 S.Ct. 999, 1006, 10 L.Ed.2d 15 (1963) (internal quotation omitted). However, in the landmark case of Ex parte Young, 209 U.S. 123, 28 S.Ct. 441, 52 L.Ed. 714 (1908), the Supreme Court created an exception to this rule for suits challenging the constitutionality of a state official’s action, on the theory that since the state cannot authorize such an unconstitutional action, the officer is “stripped of his official or representative character and ... subjected in his person to the consequences of his individual conduct.” Pennhurst, 465 U.S. at 102, 104 S.Ct. at 909 (quoting Young, 209 U.S. at 160, 28 S.Ct. at 454). Where the challenged action is found to be unconstitutional, a federal court may grant prospective, injunctive relief against the state official in order to prevent a “continuing violation of federal law.” Green, 474 U.S. at 68, 106 S.Ct. at 426 (citing Young, 209 U.S. at 155-56, 159, 28 S.Ct. at 452, 453). Such remedies are “necessary to vindicate the federal interest in assuring the supremacy of that law.” Id. Thus, where there is no continuing violation of federal law, the Young exception does not apply and the plaintiff’s suit is barred. Id. 474 U.S. at 73, 106 S.Ct. at 428.
The state defendants contend that the plaintiffs’ suit is barred by the Eleventh Amendment because, with the entry of the consent decree between the plaintiffs and the local defendants, there is no
We disagree. The Supreme Court consistently has held that where a state has previously maintained a de jure segregated school system, the state has a constitutional obligation to “take the necessary steps ‘to eliminate from the public schools all vestiges of state-imposed segregation.’ ” Milliken v. Bradley, 433 U.S. 267, 289-90, 97 S.Ct. 2749, 2761-62, 53 L.Ed.2d 745 (1977) (Milliken II) (quoting Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1, 15, 91 S.Ct. 1267, 1275, 28 L.Ed.2d 554 (1971)). “If the State has not discharged that duty, it remains in violation of the Fourteenth Amendment.” United States v. Fordice, — U.S. -, -, 112 S.Ct. 2727, 2735, 120 L.Ed.2d 575 (1992) (emphasis added). The plaintiffs’ allegations support a finding of just such a violation.
In United States v. Board of Sch. Comm’rs of Indianapolis, 368 F.Supp. 1191 (D.C.Ind. 1973) {Indianapolis), a federal district court held that the State of Indiana had engaged in de jure segregation of the public schools in Indianapolis, Indiana. This court affirmed that decision without opinion. United States v. Board of Sch. Comm’rs of Indianapolis, 483 F.2d 1406 (7th Cir. 1973). Certain of the state actions that the Indianapolis court found to constitute acts of de jure segregation are identical to those the plaintiffs allege here. In particular, the Indianapolis court found that the state’s approval of school site selections made by the Board of School Commissioners of Indianapolis “were acts of de jure segregation on the part of officials of the State.” 368 F.Supp. at 1203. In the case before us, the plaintiffs contend, inter alia, that since the Supreme Court’s decision in Brown v. Board of Education, 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873 (1954), the state defendants have “approved school construction and renovation projects in Fort Wayne where such projects had the effect of maintaining or exacerbating racial segregation.” Complaint ¶ 33(d). Under Indianapolis, these allegations, if proved, would support a finding that the state had engaged in de jure segregation. See also Bradley v. Milliken, 484 F.2d 215, 241 (6th Cir. 1973), rev’d on other grounds, Milliken v. Bradley, 418 U.S. 717, 94 S.Ct. 3112, 41 L.Ed.2d 1069 (1974) (finding that “[t]he clearest example of direct State participation in encouraging the segregated condition of the Detroit public schools” was the State Board of Education’s approval of “school construction which fostered segregation throughout the Detroit Metropolitan area”).
The state defendants’ affirmative duty is not rendered moot by the district court’s
III.
For the foregoing reasons, the judgment of the district court is Affirmed.
. More precisely, the state defendants added an additional ground to their pending motion for summary judgment.
. The Eleventh Amendment provides:
The Judicial power of the United States shall not be construed to extend to any suit, in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens of Subjects of any Foreign State.
U.S. Const, amend. XI.
. The Sixth Circuit’s ruling affirming the district court's conclusions as to liability was not challenged in the Supreme Court.
Reference
- Full Case Name
- PARENTS FOR QUALITY EDUCATION WITH INTEGRATION, INCORPORATED, Scepter Brownlee, by his mother and next friend, Ora Brownlee, Torrey Cook, by his parents and next friends, Regina Cook and Richard Cook v. STATE OF INDIANA, Evan Bayh, 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. David O. Dickson, Ted L. Marston, Paul L. McFann, David H. Swanson, Connie Blackketter, Margaret Ann Kelley, Dr. Norma J. Cook, Katherine L. Startin, J. Patrick O'Rear, Grant W. Hawkins, Members of the Indiana State Board of Education, and Indiana Department of Education
- Cited By
- 2 cases
- Status
- Published