Board of Education v. Missouri

936 F.2d 993, 1991 U.S. App. LEXIS 12040
CourtCourt of Appeals for the Eighth Circuit
DecidedJune 13, 1991
DocketNos. 90-1470, 90-1530, 90-1531, 91-1427, 91-1646, 91-1651
StatusPublished
Cited by1 cases

This text of 936 F.2d 993 (Board of Education v. Missouri) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Education v. Missouri, 936 F.2d 993, 1991 U.S. App. LEXIS 12040 (8th Cir. 1991).

Opinion

IN THE MATTER OF THE DESEGREGATION OF THE CITY OF ST. LOUIS SCHOOLS AND THE VOCATIONAL SCHOOLS OF THE CITY OF ST. LOUIS AND THE SPECIAL SCHOOL DISTRICT OF ST. LOUIS COUNTY.

HEANEY, Senior Circuit Judge.

At issue in this appeal is the district court’s decision to designate the Special School District of St. Louis County (SSD) as the sole provider of secondary vocational education in the St. Louis area beginning in the 1991-92 school year. Liddell v. Board of Educ., 758 F.Supp. 499 (E.D.Mo.1991). We agree with the district court that the present system of secondary vocational education does not provide the students of the St. Louis metropolitan area with a quality integrated vocational education. We affirm the decision of the district court to transfer the operation and management of vocational education to the SSD, and agree with it that a single system has the best chance of providing a quality integrated vocational education to all students whether they live in the city or the county. We strengthen the district court’s order to ensure that a quality integrated vocational education system will be achieved promptly-

We will not recount the long history of this case here,2 as it is imperative that the SSD be prepared to serve all city and SSD students at the opening of school in September 1991. We will instead address the objections raised by the Board of Education of the City of St. Louis (City Board), the St. Louis Teachers Union (Union), and the Lid-dell plaintiffs to the plan approved by the district court.

I. THE DISTRICT COURT’S JURISDICTION.

As a preliminary matter, the City Board contends that the district court lacked jurisdiction to enter its 1991 order assigning full responsibility to the SSD for the operation of the metropolitan-area vocational schools. The City Board argues that the pending appeals of the district court’s 1990 order deprived the district court of jurisdiction to further supervise the vocational education programs. The City Board relies on the general rule, discussed in Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 103 S.Ct. 400, 74 L.Ed.2d 225 (1982), that the filing of a notice of appeal confers jurisdiction on the court of appeals and divests the district court of its control over matters involved in the appeal. Id. at 58, 103 S.Ct. at 402. This reliance is misplaced.

The district court’s orders in this desegregation case are injunctive in nature. See Liddell v. Board of Educ. of City of St. Louis (Liddell IV), 693 F.2d 721, 724 (8th Cir.1981). The Federal Rules of Civil Procedure provide that when an appeal is taken from an interlocutory or final judgment granting, dissolving, or denying an injunction, the district court may “suspend, modify, restore, or grant an injunction during the pendency of the appeal upon such terms as to bond or otherwise as it considers proper for the security of the rights of the adverse party.” Fed.R.Civ.P. 62(c). The general rule that an appeal deprives a district court of jurisdiction over the issues appealed therefore is not absolute, and under certain circumstances, the district court retains jurisdiction to modify an injunction pending appeal. See 11 C. Wright & A. Miller, Federal Practice and Procedure § 2904, at 320-25 (1973).

The Ninth Circuit has held that:

[996]*996[1]n the kinds of cases where the court supervises a continuing course of conduct and where as new facts develop additional supervisory action by the court is required, an appeal from the supervisory order does not divest the district court of jurisdiction to continue its supervision, even though in the course of that supervision the court acts upon or modifies the order from which the appeal is taken.

Hoffmann v. Beer Drivers & Salesmen’s Local Union No. 888, 536 F.2d 1268, 1276 (9th Cir.1976). We believe, and have previously noted, that the nature of the district court’s supervision of the vocational education programs in this ongoing litigation requires it to retain “the broadest discretion possible to provide a quality integrated vocational education system for the black and white children of the St. Louis metropolitan area.” Liddell XI, 822 F.2d at 1455. Consistent with this view, we stated that “ ‘the district court expressly retained jurisdiction over the vocational education issues and may take appropriate action at any time sua sponte or upon a motion of any party if implementation of the 12(b) plan does not bring about the anticipated results.’ ” Id. (quoting Liddell V, 677 F.2d at 636) (emphasis added). As is clear from the record before us, the parties’ efforts have yet to bring about the anticipated results.

Accordingly, we find that the district court’s 1991 order concerning the vocational education plan falls within an exception to the general rule of divestiture of district court jurisdiction. The district court retained jurisdiction to enter its 1991 order notwithstanding the pending appeal of the 1990 order. To conclude otherwise would only further delay achievement of the goal of providing a quality integrated vocational education system to St. Louis students.

II. THE DISTRICT COURT’S FAILURE TO HOLD AN EVIDENTIARY HEARING.

The City Board, the Liddell plaintiffs, and the Union claim the district court denied them due process because it failed to hold an evidentiary hearing before entering the 1991 order. We disagree. After we remanded this case in Liddell XI, the district court held an extensive, seven-day evi-dentiary hearing in November 1987 to consider the propriety of merging or consolidating the separate vocational educational systems. Issues explored at the hearing included, among other things, the issues on appeal here: curriculum; program costs; staffing; transportation; and the merits of dual or single governance. All parties in this appeal were represented at that hearing, and none have objected to the procedures the district court followed.

After the hearing, the court directed the parties to work out a plan that would designate the Community College as the sole provider of vocational education in the city and the county. This attempt failed. The district court subsequently entered the 1990 order which continued the dual system, but it warned that it would consolidate the vocational education systems if the parties kept “resisting the implementation of court orders.” In November 1990, the City Board advised the court that the Board would be able to offer “only a minimal number of vocational programs during the next two years,” and that it needed an additional six months to file a revised vocational education plan. The district court subsequently expressed its displeasure at the City Board’s inability to provide a quality integrated vocational education system, and entered the January 1991 order in which it discontinued the dual system approach.

Given this background, we conclude that the district court did not abuse its discretion or deny the parties due process by failing to hold a hearing before it entered the January 1991 order.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
936 F.2d 993, 1991 U.S. App. LEXIS 12040, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-education-v-missouri-ca8-1991.