Flores v. Horne

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 14, 2009
• Docket: 07-15603
• Status: Published

Opinion

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

MIRIAM FLORES, individually and  as a parent of Miriam Flores, minor child; ROSA RZESLAWSKI, individually and as a parent of Mario Rzeslawski, minor child, Plaintiffs-Appellees, and SPEAKER OF THE ARIZONA HOUSE OF REPRESENTATIVES AND PRESIDENT OF THE ARIZONA SENATE, Intervenor, No. 07-15603 v. D.C. No. STATE OF ARIZONA, Defendant-Appellee,  CV-92-00596-RCC District of Arizona, THOMAS C. HORNE, Superintendent Tucson of Public Instruction, Defendant-Appellant, and C. DIANE BISHOP, Superintendent of Public Instruction; EUGENE HUGHES; DAVID SILVA; CLAUDINE BATES ARTHUR; JOHN HOSNER; KEN BENNETT; RAY KELLIS; JIM ALLMAN; MORRISON WARREN, members of the State Board of Education, Defendants. 

10919 10920 FLORES v. HORNE

MIRIAM FLORES, individually and  as a parent of Miriam Flores, minor child; ROSA RZESLAWSKI, individually and as a parent of Mario Rzeslawski, minor child, Plaintiffs-Appellees, SPEAKER OF THE ARIZONA HOUSE OF REPRESENTATIVES AND PRESIDENT OF THE ARIZONA SENATE, No. 07-15605 Intervenor-Appellant, D.C. No. v.  CV-92-00596-RCC District of Arizona, STATE OF ARIZONA; C. DIANE Tucson BISHOP, Superintendent of Public Instruction; EUGENE HUGHES; ORDER DAVID SILVA; CLAUDINE BATES ARTHUR; JOHN HOSNER; KEN BENNETT; RAY KELLIS; JIM ALLMAN; MORRISON WARREN, members of the State Board of Education; THOMAS C. HORNE, Superintendent of Public Instruction, Defendants.  On Remand from the United States Supreme Court

Filed August 13, 2009

Before: Betty B. Fletcher, Marsha S. Berzon and Johnnie B. Rawlinson, Circuit Judges. FLORES v. HORNE 10921 ORDER

We remand this case to the District Court to comply with the Supreme Court’s decision in Horne v. Flores, 129 S. Ct. 2579, 2607 (2009).

IT IS SO ORDERED. PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON REUTERS/WEST—SAN FRANCISCO

The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2009 Thomson Reuters/West.