United States v. Fletcher Ex Rel. Fletcher

805 F.3d 596, 2015 U.S. App. LEXIS 18928, 2015 WL 6742298
CourtCourt of Appeals for the Fifth Circuit
DecidedOctober 30, 2015
Docket14-60542
StatusPublished
Cited by15 cases

This text of 805 F.3d 596 (United States v. Fletcher Ex Rel. Fletcher) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Fletcher Ex Rel. Fletcher, 805 F.3d 596, 2015 U.S. App. LEXIS 18928, 2015 WL 6742298 (5th Cir. 2015).

Opinion

CARL E. STEWART, Chief Judge:

This case involves a lengthy history of desegregation litigation between the United States, Intervenor-Defendantr-Appellee Simpson County School District (the *598 “District”), and Intervenors-Plaintiffs-Ap-pellants (the “Intervenors”), a class representing current and future students attending the District’s schools. In 2013, the District moved for unitary status in the only area of its school system remaining under federal supervision: faculty and staff assignments. The United States and the Intervenors objected. After a two-day hearing and post-hearing submissions, the district court denied unitary status based on the District’s noncompliance with the court’s desegregation order. Both the District and the Intervenors moved for reconsideration, and the district court denied both motions. The In-tervenors now appeal the district court’s order denying unitary status and order denying reconsideration. We conclude that the Intervenors lack standing to appeal and, therefore, DISMISS the Inter-venors’ appeal without regard to the merits.

I.

Although we do not reach the merits of the decisions below, a general overview of the history of this case is necessary to understand the narrow issue we resolve today. For over forty years, the District has been under a federal court order to desegregate its schools. In July 1970, the United States sued the State of Mississippi and several of its school districts, including the District, alleging each had violated the Fourteenth Amendment by operating school systems that discriminated based on race. On August 11/ 1970, the district court entered its first desegregation order (the “1970 Order”) approving a school desegregation plan and obligating the District to follow procedures designed to end discrimination in faculty and staff assignments, student transfers, transportation, school construction and site selection, and school activities. The 1970 Order also required the District to submit bi-annual reports to the court, including, inter alia, information related to the racial composition of the District’s students and teachers.

In June 1982, Intervenors Cynthia Fletcher, Gloria Barnes, and David Barnes, then minor students attending the District’s schools, and their representatives filed a class action complaint against the District for failing to comply with the 1970 Order. The Intervenors alleged that the District had continued to maintain segregated schools by allowing white students to attend schools outside of then-designated geographical zone thereby creating disproportionate ratios of black to white students within certain zones. The Intervenors also alleged that the District continued to discriminate in employment decisions, student discipline, and student placement in special education and gifted-student programs.

In August 1983, after negotiations between the United States, the Intervenors, and the District, the district court entered a second desegregation order (the “1983 Consent Decree”) outlining further procedures the District was to follow to end discrimination in its schools. Notably, with respect to employment practices, the 1983 Consent Decree required the District to advertise available positions, use standard employment forms, use objective rating criteria to review applications and score interviewees, and offer available positions to the highest-scoring applicant regardless of race. The 1983 Consent Decree further required the District to provide the United States and the Intervenors with notice of any proposed change to the District’s employment procedures at least sixty days before the District formally adopted the change. Finally, the 1983 Consent Decree broadened the District’s bi-annual reporting requirements to include, inter alia, the racial *599 composition of job applicants, new hires, and demoted, terminated, or non-renewed employees and any action taken by the District .that was inconsistent with the 1988 Consent Decree, “includ[ing], for example, any effort to hire or promote an individual who is not the most qualified person available for the position being filled.”

In 2001, the District moved for unitary status for the first time since federal supervision began in 1970. The United States responded, only objecting to a declaration of unitary status in the area of faculty and staff assignments; the Inter-venors did not respond or otherwise object. Absent an objection from the United States or the Intervenors and based on its independent review of the evidence, the district court granted unitary status in all areas except faculty and staff assignments. The court denied unitary status in faculty and staff assignments based on the District’s acknowledgement that it had violated the 1983 Consent Decree regarding certain employment issues. This court affirmed the district court’s decision on appeal. United States v. Mississippi 211 Fed.Appx. 296 (5th Cir.2006).

On April 5, 2011, on the United States and the District’s joint motion, and with no objection from the Intervenors, the district court entered a third desegregation order (the “2011 Consent Decree”), which generally embraced the employment procedures in the 1983 Consent Decree, but further specified the mechanics by which the District was to make employment decisions in several respects. Under the 2011 Consent Decree, the District’s Human Resources Director was required to review and numerically score written job applications based on certain objective criteria. The District’s Superintendent or a school’s principal was required to interview the highest-scoring applicant as well as any other “applicant ] with a score higher than that of the lowest-scoring applicant selected for an interview,” unless certain exceptions applied. Interviewed applicants received a second numerical score based on certain subjective criteria. The subjective interview score was added to the objective application score, and the District was required to offer the position to the applicant with the highest composite score unless “a legitimate negative reason exists not to hire the applicant.” 1

Before the District offered a position to a lower-scoring applicant, it was required to provide the United States and the In-tervenors with all application materials related to the position in question and a statement explaining why the District had chosen not to offer the position to the highest-scoring applicant. The United States and the Intervenors could then object in writing. 2 In the absence of a written objection, the District’s decision to hire the lower-scoring applicant became final. However, if the United States or the In- *600 tervenors timely objected, the District was required to provide the United States and the Intervenors with the opportunity to object in the district court.

In November 2011, the United States moved to enjoin the District from violating the terms of the 2011 Consent Decree, alleging that, on at least nineteen occasions, the District had hired individuals that were not the highest-scoring applicant without providing the United States with an opportunity to object. In January 2012, the district court granted the motion based on the District’s admission that it had not satisfied the notice requirements in the 2011 Consent Decree.

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Cite This Page — Counsel Stack

Bluebook (online)
805 F.3d 596, 2015 U.S. App. LEXIS 18928, 2015 WL 6742298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-fletcher-ex-rel-fletcher-ca5-2015.