Citizens Concerned About Our Children v. School Board of Broward County

193 F.3d 1285
CourtCourt of Appeals for the Eleventh Circuit
DecidedOctober 28, 1999
Docket97-5078, 98-4199
StatusPublished
Cited by30 cases

This text of 193 F.3d 1285 (Citizens Concerned About Our Children v. School Board of Broward County) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Citizens Concerned About Our Children v. School Board of Broward County, 193 F.3d 1285 (11th Cir. 1999).

Opinions

PER CUR.IAM:

In two separate appeals, L. Shaq and Mary Doe — both minors represented by their guardians — and an unincorporated association calling itself Citizens Concerned About Our Children (CCC) challenge the district court’s judgment against them on their claims against the Broward County, Florida School Board for discrimination in violation of the Equal Protection [1288]*1288Clause. Addressing the two appeals together, we conclude that we lack jurisdiction over CCC’s interlocutory appeal, that Shaq and Doe’s interlocutory appeal (which is joined with CCC’s) is meritless, and that the district court’s final summary judgment, the subject of the second appeal, was only partially correct.

I. Background

In a series of actions beginning thirty years ago, black plaintiffs have accused the Broward County Schools of impermissibly race-conscious policies. One of those actions, begun in 1983, ended in 1987 with a consent decree. Among other things, that decree required review of all student-assignment policies by a biracial committee and restriction of magnet programs to majority-black schools. School Board policy adopted under the decree requires consideration of the “racial/ethnic backgrounds of the student population at each school in order to maintain a unitary school system.” (R.6-272 at 16.) The practical application of this policy was busing students (as it turned out far more black than white) to schools outside their neighborhoods. Plaintiff Doe rode one of these buses for five years, through fifth grade.

The School Board also adopted a magnet school policy under the consent decree. The magnet programs, as the name implies, were special curricula designed to attract white students to mostly black schools. In the name of integration of majority-black schools, some magnet programs preferred white pupils over black pupils up to certain quotas. Shaq, a black pupil, was denied entry to a magnet program in a majority-black school for a month at the beginning of a. school year, allegedly because of such a quota.

Shaq and Doe sued the School Board, claiming that Doe’s busing and Shaq’s exclusion from the magnet program violated their rights under the Fourteenth Amendment. In addition to these particularized claims by these individual plaintiffs, the complaint included claims of discrimination throughout the Broward County system in funding, facilities, and resources. In asserting these claims, the two individual plaintiffs were joined by CCC, which the complaint describes as “an unincorporated organization comprised of leaders in the African-American community who have joined together for the common purpose of ending racially inspired policies of the BROWARD COUNTY SCHOOL BOARD.” (R.l-23 at 2.)

The district court dismissed CCC’s claims for want of standing, and it dismissed the claims of Shaq and Doe for equitable relief on the ground that, their claims mooted, they too lacked standing. CCC, Shaq, and Doe filed an interlocutory appeal. The district court later granted the School Board summary judgment on Shaq and Doe’s remaining claims for damages on the ground that the School Board had a compelling interest to justify its race-conscious policies — obeying the consent decree. The court also concluded that Shaq and Doe lacked standing to assert claims of system-wide discrimination, and that Shaq and Doe had proffered insufficient evidence that their schools had poor facilities due to race. The court thus entered final judgment, and Shaq and Doe appealed.

The primary issue raised in the interlocutory appeal is whether CCC has standing to pursue any of the stated claims. In the appeal from final judgment, the principal argument is that the district court erred in concluding that the evidence of discriminatory intent was insufficient.1 Because the district court ruled on motions for summary judgment, our review is de novo, see NAACP v. Hunt, 891 F.2d 1555, 1559 (11th Cir.1990), and we apply the same familiar summary-judgment standards.

[1289]*1289II. Discussion

A. Jurisdiction over CCC’s Interlocutory-Appeal 2

This court raised the question whether appellate jurisdiction exists over CCC’s interlocutory appeal. Having reviewed the parties’ briefs, we conclude that there is no jurisdiction.3

As Rule 54 implies, a judgment that eliminates fewer than all the claims or parties is not a final, appealable judgment; thus, an order dismissing one plaintiff, but not others, is not immediately appealable by the dismissed plaintiff. See Robinson v. Parke-Davis & Co., 685 F.2d 912, 913 (4th Cir.1982).4 Absent some exception to the final judgment rule, therefore, CCC could not appeal interlocutorily. CCC invokes two exceptions. First, it argues that the order had the effect of denying it the injunctive relief it requested in its complaint, thus authorizing interlocutory appeal under 28 U.S.C. § 1292(a)(1). Cf. General Elec. Co. v. Marvel Rare Metals Co., 287 U.S. 430, 431-33, 53 S.Ct. 202, 203-04, 77 L.Ed. 408 (1932). Second, it contends that standing is a Cohen issue, and q, district court order ruling on it is therefore immediately appealable. See Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 546, 69 S.Ct. 1221, 1225-26, 93 L.Ed. 1528 (1949). We reject both of these contentions.

On the first point, we acknowledge that an order that does not rule on a request for injunctive relief, but that has the effect of denying it, may be immediately appealable. See Stringfellow v. Concerned Neighbors in Action, 480 U.S. 370, 379, 107 S.Ct. 1177, 1183, 94 L.Ed.2d 389 (1987). For such an interlocutory order to be appealable before final judgment, the prospective appellant must show that the denial of injunctive relief has a “serious, perhaps irreparable, consequence, and that the order can be effectually challenged only by immediate appeal.” Id. (internal quotation marks omitted) (quoting Carson v. American Brands, Inc., 450 U.S. 79, 84, 101 S.Ct. 993, 996, 67 L.Ed.2d 59 (1981)) (in turn quoting Baltimore Contractors, [1290]*1290Inc. v. Bodinger, 348 U.S. 176, 181, 75 S.Ct. 249, 252, 99 L.Ed. 233 (1955)).

CCC cannot carry that burden. While the complaint does request injunc-tive relief, and in its catchall conclusion, “additional preliminary and permanent relief as may appear to the Court to be just and proper,” (R.l-23 at 9 ¶ 33(f)), in the nearly two years between the filing of the complaint and the district court’s dismissal of CCC’s claims for want of standing, CCC did not move for preliminary injunctive relief. Admittedly, whether the request is for preliminary or permanent relief is not necessarily dispositive, see Switzerland Cheese Ass’n, Inc. v. E. Horne’s Market, Inc.,

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Bluebook (online)
193 F.3d 1285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/citizens-concerned-about-our-children-v-school-board-of-broward-county-ca11-1999.