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Case Name B. v. Malloy ED-CT-0005
Docket / Court 3:16-cv-00065 ( D. Conn. )
State/Territory Connecticut
Case Type(s) Education
Attorney Organization National Center for Youth Law
Case Summary
On December 15, 2015, two Connecticut African-American students filed this lawsuit in Connecticut Superior Court. On January 14, 2016, the case was removed to the United States District Court for the District of Connecticut. The plaintiffs sued the Bloomfield Board of Education, the Manchester ... read more >
On December 15, 2015, two Connecticut African-American students filed this lawsuit in Connecticut Superior Court. On January 14, 2016, the case was removed to the United States District Court for the District of Connecticut. The plaintiffs sued the Bloomfield Board of Education, the Manchester Board of Education, the Hartford Board of Education, the State Board of Education, and the State Department of Education under 42 U.S.C. § 1983, alleging violations of the Constitution of Connecticut, the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, and Title VI of the Civil Rights Act of 1964.

Specifically, the plaintiffs claimed that, after their expulsion from Connecticut public schools, they were given inadequate alternative education thus depriving them of their fundamental right to an education. One plaintiff alleged claims against the Manchester and Bloomfield Boards of Education. Both plaintiffs alleged claims against the Hartford Board of Education. The plaintiffs, represented by private counsel and the Center for Children’s Advocacy, asked the court for declaratory and injunctive relief to improve the insufficient education provided to expelled students. The plaintiffs also requested reasonable attorneys' fees and costs.

On August 11, 2016, Manchester Board of Education defendants settled with the second plaintiff. That settlement agreement is sealed.

On August 18, 2016, Bloomfield Board of Education defendants settled with the first plaintiff. The settlement agreement stipulated the Bloomfield BOE would provide $14,400 for education costs to be used until the 2019-2020 school year, will expunge the record of the plaintiff, will amend Board policies related to the expulsion of students, will define “individualized learning plan” to provided definition, will train administrators, teachers, and staff on changed policies and expelled students' rights, will provide plaintiff's counsel data about the District's progress in implementing this agreement, acknowledge all allegations and that the District violated plaintiff's education rights, and will pay $20,000 in attorney fees.

On December 22, 2016, Hartford Board of Education defendants settled with both plaintiffs. That settlement agreement is also sealed. This left only the plaintiffs’ claims against State defendants.

As of February 2, 2017, this case is ongoing against the State defendants.

Erica Christianson - 02/02/2017


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Issues and Causes of Action
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Issues
Constitutional Clause
Equal Protection
Content of Injunction
Remedial education
Defendant-type
Elementary/Secondary School
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Bloomfield Board of Education
Connecticut State Board of Education
Connecticut State Department of Education
Hartford Board of Education
Manchester Board of Education
Plaintiff Description Children sent to an alternative educational program after being expelled from public school.
Indexed Lawyer Organizations National Center for Youth Law
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Case Ongoing Yes
Additional Resources
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  Montgomery Public Schools
http://www.bazelon.org
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Blackman. v. District of Columbia
http://www.bazelon.org/blackman-v-district-of-columbia/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  S.S. v. Springfield Public Schools
http://www.bazelon.org/springfield-massachusetts-school-system/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  Doe v. Pasadena Unified School District
http://www.bazelon.org/doe-v-pasadena-unified-school-district/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

  A.J. v. Cesar Chavez Public Charter Schools
http://www.bazelon.org/a-j-v-cesar-chavez-public-charter-schools-et-al/
Date: 2017
By: Bazelon Center (Bazelon Center)
[ Detail ] [ External Link ]

Docket(s)
15-5040967-S (State Trial Court)
ED-CT-0005-9000.pdf | Detail
Date: 12/15/2015
Source: Westlaw
3:16-cv-65 (D. Conn.)
ED-CT-0005-9001.pdf | Detail
Date: 01/23/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Memorandum in Support of Ex Parte Application for Permission to Prosecute Suit through a Pseudonym
ED-CT-0005-0001.pdf | External Link | Detail
Date: 12/15/2015
Complaint
ED-CT-0005-0002.pdf | External Link | Detail
Date: 12/15/2015
Settlement Agreement [ECF# 79-1]
ED-CT-0005-0003.pdf | Detail
Date: 08/16/2016
Source: PACER [Public Access to Court Electronic Records]
Judges Robaina, Antonio C. Court not on record
ED-CT-0005-9000
Underhill, Stefan R. (D. Conn.)
ED-CT-0005-9001
Plaintiff's Lawyers Chadha, Priya (New York)
ED-CT-0005-9001
Eidsath, Hannah Benton (California)
ED-CT-0005-0001 | ED-CT-0005-0002 | ED-CT-0005-0003 | ED-CT-0005-9000 | ED-CT-0005-9001
Halm, Marisa M. (Connecticut)
ED-CT-0005-0001 | ED-CT-0005-0002 | ED-CT-0005-0003 | ED-CT-0005-9001
Harris, Michael (California)
ED-CT-0005-0003 | ED-CT-0005-9001
Iverson, Erica R. (New York)
ED-CT-0005-0003 | ED-CT-0005-9001
Lee, Annie (California)
ED-CT-0005-9001
Loughlin, Walter P. (New York)
ED-CT-0005-0001 | ED-CT-0005-0002 | ED-CT-0005-9000 | ED-CT-0005-9001
Steinberger, Luke E. (New York)
ED-CT-0005-9001
Stone, Martha (Connecticut)
ED-CT-0005-0001 | ED-CT-0005-0002 | ED-CT-0005-0003 | ED-CT-0005-9001
Defendant's Lawyers Chinni, Christine Lucia (Connecticut)
ED-CT-0005-0003 | ED-CT-0005-9000 | ED-CT-0005-9001
Kaufmann, Melinda B. (Connecticut)
ED-CT-0005-9001
Maher, Peter J. (Connecticut)
ED-CT-0005-9001
Menjivar, Walter Alberto (Connecticut)
ED-CT-0005-9000 | ED-CT-0005-9001
Schurin, Zachary David (Connecticut)
ED-CT-0005-9001
Sedor, Stephen M. (Connecticut)
ED-CT-0005-9001
Urban, Ralph E. (Connecticut)
ED-CT-0005-9000 | ED-CT-0005-9001
Yoder, Linda L. (Connecticut)
ED-CT-0005-9001

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