 |
 |
|
|
|
|
|
|
|
| | | |
|
|
|
|
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
1
.
REPLY BRIEF
|
EXTRACTED KEY WORDS
AMICUS COURT PARTICIPATION EXPERTISE SCHOOL AMICUS CURIAE EDUCATION DISTRICT CIVIL RIGHTS SUPP PARTIES GOVERNMENT SCHOOL BOARD LITIGATION INTERVENTION DEFENDANTS MOTION MEMORANDUM LAWSUIT COUNSEL REGULATIONS LAW RESPONSE PLAINTIFFS SPECIAL ROLE SERVE ASSISTANT JUSTICE PRIVATE |
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
WILLIAM P. CAFFREY, et al.,
Plaintiffs,
v.
STEPHANIE A. ANDREWS, et al.,
Defendants.
Case No.: CV 99-0205 (TCP)
REPLY AND SUPPORTING MEMORANDUM OF THE
UNITED STATES TO DEFENDANTS' MEMORANDUM
IN OPPOSITION TO UNITED STATES' MOTION FOR
LEAVE TO PARTICIPATE AS AMICUS CURIAE
The United States replies to, with the exception of Richard W.
Anderson, Esq., pro se, Defendants' responsive memorandum as
follows:
The United States does not wish to reiterate the legal arguments
and standards for amicus curiae participation enunciated in our
motion and in defendants' memorandum, or to cite again the litany
of district court cases in which the United States' participation
as amicus was granted, but rather, to clarify and distinguish
points raised in defendants' memorandum. Despite our efforts to
confer with both parties, the defendants (hereinafter referred to
as the "School Board") have misunderstood the government's intended
role in this lawsuit. We do not seek amicus status in order to
supplement plaintiffs counsels' role or to act as their
consultants. As stated in our Motion for Leave to Participate as
Amicus Curiae, the United States offers a long-recognized role as
friend of the court, with vast experience in civil rights issues
involving education. More importantly, the United States comes as
an advocate of the general public interest, ensuring that the court
and parties implement a program in accordance with the regulations
under Title VI, and with the Equal Educational Opportunities Act.
The School Board argues, in sum, that there is no useful role for
the United States and that, in fact, there are no questions of law
SNIPPETS:
|
|
2
.
MOTION AND AMICUS BRIEF
|
EXTRACTED KEY WORDS
EDUCATION CIVIL RIGHTS DISTRICT STUDENT INTERVENE COURT AMICUS CURIAE ASSIGNMENT SCHOOL ATTORNEY ENFORCEMENT CIR CIVIL RIGHTS ACT PRACTICES REGULATIONS YORK DESEGREGATION EQUAL PROTECTION PARTICIPATION DISCRIMINATION LAWS CONFERS LITIGATION ABILITY GROUPING UNITED STATES STATUTE EDUCATIONAL OPPORTUNITIES REPORT ASSISTANT PLAINTIFFS |
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
WILLIAM P. CAFFREY, et al.,
Plaintiffs,
v.
STEPHANIE A. ANDREWS, et al.,
Defendants.
Case No.: CV 99-0205 (TCP)
UNITED STATES' MOTION FOR LEAVE
TO PARTICIPATE AS AMICUS CURIAE
The United States hereby moves for leave to participate as amicus
curiae in the above-captioned case. As grounds for this motion, the
United States would show:
1. The United States has an interest in the orderly desegregation
of public schools, including assignment to classrooms, and that
federal funds not be used to support unlawful discrimination
prohibited by the Civil Rights Act of 1964. Accordingly, Title IV
authorizes the United States to bring a civil action where, inter
alia, there is a written complaint that children are being denied
equal protection of the laws and that instituting the action will
materially further the orderly achievement of desegregation in
public education. 42 U.S.C. § 2000c-6. Title IX confers upon the
United States a right to intervene upon timely application in an
existing action asserting a denial of equal protection of the laws
under the Fourteenth Amendment to the United States Constitution.
42 U.S.C. § 2000h-2. The Federal Rules of Civil Procedure also
provide for intervention. See Fed. R. Civ. P. 24(a)(1) (providing
for intervention as of right when a United States statute confers
an unconditional right to intervene) and Fed. R. Civ. P. 24(b)(1)
(providing for permissive intervention when a United States statute
confers an unconditional right to intervene). In addition, as
indicated in the accompanying memorandum, courts have allowed
participation by the United States in a variety of civil cases
involving education.
2. The United States has an interest in ensuring that all students
are afforded a reasonable opportunity and access to educational
SNIPPETS:
|
|
|
| | | |
|
|
