Robinson Ex Rel. Robinson v. Shelby County Board of Education

566 F.3d 642, 2009 U.S. App. LEXIS 10714, 109 Fair Empl. Prac. Cas. (BNA) 1117, 2009 WL 1422021
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 21, 2009
Docket07-6076, 07-6363
StatusPublished
Cited by8 cases

This text of 566 F.3d 642 (Robinson Ex Rel. Robinson v. Shelby County Board of Education) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robinson Ex Rel. Robinson v. Shelby County Board of Education, 566 F.3d 642, 2009 U.S. App. LEXIS 10714, 109 Fair Empl. Prac. Cas. (BNA) 1117, 2009 WL 1422021 (6th Cir. 2009).

Opinions

OPINION

GRIFFIN, Circuit Judge.

This appeal presents the final chapter in the court-ordered desegregation of the Shelby County, Tennessee, public school system, a process which began forty-five years ago. In 1963, plaintiff public school students1 filed this class action against defendant Shelby County Board of Education (“Board”) alleging unconstitutional racial segregation in the Shelby County schools. In the ensuing period, the district court issued numerous orders requiring the elimination of all vestiges of state-imposed public school segregation in accordance with the mandate of Brown v. Bd. of Educ. of Topeka, 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873 (1954). A court-approved desegregation plan was implemented and in August 2006, after decades of court supervision, the parties moved jointly to dissolve all outstanding orders, declare the school district a unitary school system, and terminate the litigation. The United States, which has participated as an intervenor since 1966, supported the motion.2

Despite the parties’ universal agreement that the goals of the desegregation plan have been satisfactorily fulfilled and that educational parity has been attained, the district court disagreed that the constitutional requirements for unitary status have been met in all relevant respects. Consequently, although the court granted the joint motion in regard to facilities, transportation, and staffing, it denied the motion as it pertained to the areas of student assignment, faculty integration, and extracurricular activities. The district court established new “racial ratios” for the racial composition of students and faculty which it expected to be met no later than October [647]*6472012. The court anticipated that if its new orders were followed, it would end its school supervision by October 2015.3

Defendant Shelby County Schools now appeals the portion of the district court order denying the joint motion for unitary status. The intervenor United States appeals the remedy ordered by the district court for faculty integration.4

For the reasons stated below, we hold that the district court abused its discretion by denying the parties’ joint motion for unitary status regarding student assignment, faculty integration, and extracurricular activities. Accordingly, we reverse, in part, the order of the district court and remand with instructions to grant in full the parties’ joint motion for declaration of unitary status, dissolve all outstanding orders and injunctions as to the Board and its members, and dismiss this action as to all parties and claims.

I.

In general, “ ‘[t]he acceptance of a settlement in a class action suit is discretionary with the court and will be overturned only by a showing of abuse of discretion.’ ” Clark Equip. Co. v. Int’l Union, Allied Indus. Workers of Am., AFL-CIO, 803 F.2d 878, 880 (6th Cir.1986) (quoting Laskey v. UAW, 638 F.2d 954, 957 (6th Cir.1981)). See also Fidel v. Farley, 534 F.3d 508, 513 (6th Cir.2008) (“We review a district court’s approval of a settlement as fair, adequate, and reasonable for abuse of discretion.”) (citation omitted).

In the specific setting of a school desegregation class action, “[wjhere the relief sought in the district court is the dissolution of a[] [desegregation decree], the order of the district court is subject to a mixed standard of review.” Manning ex rel. Manning v. School Bd. of Hillsborough County, 244 F.3d 927, 940 (11th Cir.2001). We review the district court’s partial denial of the parties’ joint motion to dissolve the desegregation decree for an abuse of discretion. Id. (citation omitted); see also Little Rock Sch. Dist. v. Pulaski County Special Sch. Dist. No. 1, 921 F.2d 1371, 1391 (8th Cir.1990) (reviewing district court’s rejection of settlement plan in school desegregation case for abuse of discretion); Armstrong v. Bd. of School Directors of City of Milwaukee, 616 F.2d 305, 319 (7th Cir.1980), overruled in part on other grounds by Felzen v. Andreas, 134 F.3d 873 (7th Cir.1998) (holding that the abuse of discretion standard “is not reserved only for purely economic [class action] litigation” and thus “will govern our review of the district court’s approval of the [desegregation] settlement proposal.”).

The district court’s application of the law is subject to de novo review, while the court’s factual findings, including its determination that a school district has not achieved unitary status, fall under the clearly erroneous standard of Federal Rule of Civil Procedure 52(a). Manning, 244 F.3d at 940 (citations omitted); Holton v. City of Thomasville School Dist., 425 F.3d 1325, 1336 (11th Cir.2005) (citations omitted). “Courts of appeals view the facts in the light most favorable to the settlement.” Armstrong, 616 F.2d at 315 (citation omitted).

II.

The procedural history of this class action, which is set forth in detail in the [648]*648district court’s order addressing the parties’ joint motion for a declaration of unitary status, reflects four decades of slow but steady progress in the removal of all vestiges of state-imposed public school segregation. The present-day posture of the case finds the parties at a new crossroads — facing the rare and atypical situation in which a district court has rejected, in part, a reasonable and good-faith joint motion by plaintiffs and defendant to declare a school system unitary. See Wendy Parker, The Decline of Judicial Decision-making: School Desegregation and District Court Judges, 81 N.C.L.Rev. 1623, 1636-37 nn. 76-80 (2003) (symposium) (collecting cases in which joint motions for unitary status were approved).

In applying the abuse-of-discretion review standard to these uncommon circumstances, we acknowledge as a preliminary matter that a district court’s “familiarity with the litigants and the litigation [in a long-standing desegregation suit] is a valuable asset which should not lightly be discarded.” Armstrong, 616 F.2d at 319. Nonetheless, it is also well-established that “[p]ublie policy strongly favors settlement of disputes without litigation.... Settlement agreements should therefore be upheld whenever equitable and policy considerations so permit.” Ford Motor Co. v. Mustangs Unlimited, Inc., 487 F.3d 465, 469 (6th Cir.2007) (quoting Aro Corp. v. Allied Witan Co., 531 F.2d 1368, 1372 (6th Cir.1976)). See also Gen. Motors Corp., 497 F.3d at 632 (noting “the federal policy favoring settlement of class actions”) (citation omitted). This policy applies equally to desegregation cases. See Little Rock Sch. Dist,

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566 F.3d 642, 2009 U.S. App. LEXIS 10714, 109 Fair Empl. Prac. Cas. (BNA) 1117, 2009 WL 1422021, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-ex-rel-robinson-v-shelby-county-board-of-education-ca6-2009.