Michael C. Wooden v. Board of Regents

208 F.3d 1313

• Court: Court of Appeals for the Eleventh Circuit
• Decided: April 14, 2000
• Docket: 99-12454
• Status: Published

Opinion

[PUBLISH] IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ______________________ FILED U.S. COURT OF APPEALS No. 99-12454 ELEVENTH CIRCUIT APR 14 2000 ______________________ THOMAS K. KAHN D.C. Docket No. 97-00045-CV-4 CLERK

KIRBY TRACY, CRAIG GREEN, Plaintiffs-Appellants,

MICHAEL C. WOODEN, et al.. Plaintiffs,

versus

BOARD OF REGENTS OF THE UNIVERSITY SYSTEM, STEPHEN R. PORTCH, Dr., in his individual and official capacities, Defendants-Appellees,

GEORGIA STATE CONFERENCE NAACP, SOUTHERN CHRISTIAN LEADERSHIP CONFERENCE, NESHANTA JOHNSON, by and through her parent Deborah Fanning, et al. Intervenors-Defendants-Appellees. __________________________

Appeal from the United States District Court for the Southern District of Georgia __________________________ (April 14, 2000)

Before TJOFLAT and MARCUS, Circuit Judges, and KRAVITCH, Senior Circuit Judge.

PER CURIAM:

Appellants brought related challenges to the University of Georgia’s use of

race in its admissions process and to the maintenance of historically black colleges

within the state’s university system. The district court granted summary judgment

to appellees on all but one claim on standing and mootness grounds. After the

appeal was filed in this case, the Supreme Court in the case of Texas v. Lesage, –

U.S. –, 120 S. Ct. 467 (1999), clarified the standing requirements for plaintiffs

challenging race-based admissions policies. It is therefore ORDERED that the

judgment of the district court is VACATED and the case is REMANDED to that

court for further consideration in light of Lesage.