Case: Tuyizere v. Utica City School District Board of Education

6:15-cv-00488 | U.S. District Court for the Northern District of New York

Filed Date: April 27, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

In early 2015, six refugees filed this class action lawsuit in U.S. District Court for the Northern District of New York (Judge David Hurd). The plaintiffs sued the Utica School District under the Declaratory Relief Act, 28 U.S.C. §§ 2201 and 2202, claiming violations of the Equal Educational Opportunities Act of 1974, 20 U.S.C § 1703; Section 601 of Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.; New York Education Law § 3202(1); the Fourteenth Amendment Equal Protection C…

In early 2015, six refugees filed this class action lawsuit in U.S. District Court for the Northern District of New York (Judge David Hurd). The plaintiffs sued the Utica School District under the Declaratory Relief Act, 28 U.S.C. §§ 2201 and 2202, claiming violations of the Equal Educational Opportunities Act of 1974, 20 U.S.C § 1703; Section 601 of Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.; New York Education Law § 3202(1); the Fourteenth Amendment Equal Protection Clause; the Fourteenth Amendment Due Process Clause; and the New York State Constitution’s Due Process Clause.

The plaintiffs, represented by the New York Civil Liberties Union, alleged that the defendants consistently denied Utica residents between the ages of 17 and 20 who were limited English proficient (LEP) and immigrants access to educational opportunity. Defendants diverted this largely refugee population to alternative education programs rather than allowing them to enroll at the only public high school in Utica. The alternative education programs provided either only English as a Second Language (ESL) classes or a combination of ESL and GED classes, both of which provided a substantially inferior education to normal high school courses. When students inquired as to the reason for the diversion, defendants indicated that the students were too old to enroll in the high school. In fact, under New York law, individuals have a right to attend high school until they reach age 21. The plaintiffs sued for declaratory and injunctive relief.

The case was litigated for several months, and after mandatory mediation did not result in a settlement, litigation continued until early 2016 when the parties commenced settlement negotiations.

On June 3, 2016, Judge Hurd ordered a consent decree stipulating the terms of the settlement between the parties. The terms included that the defendants were to provide any student between ages 17 and 20 with the opportunity to attend the public high school, while taking steps to overcome language barriers students may face. Defendants were to also train all Utica City School District employees on the enrollment process for LEP students, and take efforts to inform the community that all students between ages 17 and 20 can enroll at the public high school. The consent decree is set to expire on June 3, 2020.

While the case is still open in order to ensure enforcement of the consent decree, as of May 20, 2020 nothing further has happened.

Summary Authors

Virginia Weeks (9/29/2016)

Veronica Portillo Heap (11/11/2018)

Clearinghouse (10/2/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13241168/parties/tuyizere-v-utica-city-school-district-board-of-education/


Judge(s)

Dancks, Therese Wiley (New York)

Attorney for Plaintiff

Desgranges, Philip L. (New York)

Eisenberg, Arthur (New York)

Attorney for Defendant
Expert/Monitor/Master/Other

Alweis, Kenneth M. (New York)

Apter, Julie Pasquariello (New York)

show all people

Documents in the Clearinghouse

Document

6:15-cv-00488

Docket [PACER]

Aug. 4, 2016

Aug. 4, 2016

Docket
6

6:15-cv-00488

Amended Class Action Complaint

April 27, 2015

April 27, 2015

Complaint
18

6:15-cv-00488

Third Party Complaint

May 19, 2015

May 19, 2015

Complaint
76

6:15-cv-00488

Consent Decree

June 3, 2016

June 3, 2016

Settlement Agreement
86

6:15-cv-00488

Stipulation and [Proposed] Order Concerning Attorneys' Fees and Costs

Aug. 4, 2016

Aug. 4, 2016

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13241168/tuyizere-v-utica-city-school-district-board-of-education/

Last updated Jan. 27, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

Complaint

April 23, 2015

April 23, 2015

PACER
1

Complaint

April 23, 2015

April 23, 2015

PACER
1

Complaint

April 23, 2015

April 23, 2015

PACER
1

Complaint

April 23, 2015

April 23, 2015

PACER
3

G.O. 25 FILING ORDER ISSUED: Initial Conference set for 7/22/2015 09:30 AM by telephone before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 7/15/2015. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr) (Entered: 04/23/2015)

April 23, 2015

April 23, 2015

PACER

Order

April 24, 2015

April 24, 2015

PACER

Order

April 24, 2015

April 24, 2015

PACER

Order

April 24, 2015

April 24, 2015

PACER

Order

April 24, 2015

April 24, 2015

PACER

CLERK'S CORRECTION OF DOCKET ENTRY re 3 G.O. 25 Filing Order: Clerk changed the entry to state that the initial conference set for 7/22/2015 at 9:30 a.m. is by telephone not in Syracuse. (hmr)

April 24, 2015

April 24, 2015

PACER
5

TEXT ORDER : Court has reviewed docket. Clerk is directed to restrict the Complaint at Dkt. No. 1 and the Summonses issued at Dkt. No. 2 due to personal identifying information regarding a certain plaintiff. Plaintiff's attorney is directed to file an amended complaint, with proposed amended summonses accordingly, by 5/1/2015. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/24/2015. (sg ) (Entered: 04/24/2015)

April 24, 2015

April 24, 2015

PACER

***Answer due date updated for Bruce J. Karam answer due 5/14/2015; Utica City School District answer due 5/14/2015; Utica City School District Board of Education answer due 5/14/2015. (hmr)

April 24, 2015

April 24, 2015

PACER
6

Amended Complaint

April 27, 2015

April 27, 2015

PACER
6

Amended Complaint

April 27, 2015

April 27, 2015

PACER
6

Amended Complaint

April 27, 2015

April 27, 2015

PACER
6

AMENDED COMPLAINT against All Defendants filed by Cho Cho Win, Suk Maya Rai, Patrick Tuyizere, B. B-T, Ali Janar, Ado Lar. (Attachments: # 1 Proposed Amended Summons for Utica City School District Board of Education, # 2 Proposed Amended Summons for Utica City School District, # 3 Proposed Amended Summons for Bruce J. Karam)(Desgranges, Philip) (Entered: 04/27/2015)

April 27, 2015

April 27, 2015

PACER
7

Summons Issued as to Bruce J. Karam, Utica City School District and Utica City School District Board of Education. (Attachments: # 1 Summons Issued as to Utica City School District Board of Education, # 2 Summons Issued as to Utica City School District)(dpk) (Entered: 04/28/2015)

April 27, 2015

April 27, 2015

PACER
8

AFFIDAVIT of Service for Amended Summons and Amended Complaint served on Bruce Karam, Utica City School District and Utica City School District Board of Education on April 28, 2015, filed by Patrick Tuyizere. (Young, Samuel) (Entered: 04/28/2015)

April 28, 2015

April 28, 2015

PACER

***Answer due date updated for Bruce J. Karam answer due 5/20/2015; Utica City School District answer due 5/20/2015; Utica City School District Board of Education answer due 5/20/2015. (dpk)

April 30, 2015

April 30, 2015

PACER
9

Letter Request/Motion

May 6, 2015

May 6, 2015

PACER
9

Letter Request/Motion

May 6, 2015

May 6, 2015

PACER
9

Letter Request/Motion

May 6, 2015

May 6, 2015

PACER
10

Letter Request/Motion

May 6, 2015

May 6, 2015

PACER
10

Letter Request/Motion

May 6, 2015

May 6, 2015

PACER
10

Letter Request/Motion

May 6, 2015

May 6, 2015

PACER
9

Letter Motion from Philip Desgranges for B. B-T, Ali Janar, Ado Lar, Suk Maya Rai, Patrick Tuyizere, Cho Cho Win requesting Initial Conference for Preliminary Injunction submitted to Judge Therese Wiley Dancks . (Desgranges, Philip) (Entered: 05/06/2015)

May 6, 2015

May 6, 2015

PACER
10

Letter Motion from Philip Desgranges for B. B-T, Ali Janar, Ado Lar, Suk Maya Rai, Patrick Tuyizere, Cho Cho Win requesting Initial Conference for Preliminary Injunction submitted to Judge Thomas J. McAvoy . (Desgranges, Philip) (Entered: 05/06/2015)

May 6, 2015

May 6, 2015

PACER

Order on Letter Request

May 7, 2015

May 7, 2015

PACER

Order on Letter Request

May 7, 2015

May 7, 2015

PACER

Order on Letter Request

May 7, 2015

May 7, 2015

PACER
11

TEXT ORDER: Court has reviewed letter motion (Dkt. No. 9 ) regarding request to reschedule the Rule 16 Conference to an earlier date than the current date of 7/22/2015 (See Dkt. No. 3 ). Letter motion DENIED without prejudice at this time. Plaintiffs may renew their request once Defendants have been served and have filed a response to the Complaint. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/7/2015. (sg ) (Entered: 05/07/2015)

May 7, 2015

May 7, 2015

PACER

Order on Letter Request

May 7, 2015

May 7, 2015

PACER
12

Verified ANSWER to 6 Amended Complaint, by Bruce J. Karam, Utica City School District, Utica City School District Board of Education. (Attachments: # 1 Affirmation)(Gerace, Donald) (Entered: 05/13/2015)

May 13, 2015

May 13, 2015

PACER
14

Letter Request/Motion

May 18, 2015

May 18, 2015

PACER
14

Letter Request/Motion

May 18, 2015

May 18, 2015

PACER
14

Letter Request/Motion

May 18, 2015

May 18, 2015

PACER
15

Letter Request/Motion

May 18, 2015

May 18, 2015

PACER
15

Letter Request/Motion

May 18, 2015

May 18, 2015

PACER
15

Letter Request/Motion

May 18, 2015

May 18, 2015

PACER
13

Amended Verified ANSWER to 1 Complaint, and Certificate of Service by Bruce J. Karam, Utica City School District, Utica City School District Board of Education. (Attachments: # 1 Affirmation)(Gerace, Donald) (Entered: 05/18/2015)

May 18, 2015

May 18, 2015

PACER
14

Letter Motion from Donald R. Gerace, Esq., attorney for Named Defendants, for Bruce J. Karam, Utica City School District, Utica City School District Board of Education requesting filing Amended Verified Answer submitted to Judge McEvoy . (Gerace, Donald) (Entered: 05/18/2015)

May 18, 2015

May 18, 2015

PACER
15

Letter Motion from Philip Desgranges for B. B-T, Ali Janar, Ado Lar, Suk Maya Rai, Patrick Tuyizere, Cho Cho Win requesting Initial Conference for Preliminary Injunction submitted to Judge Therese Wiley Dancks . (Desgranges, Philip) (Entered: 05/18/2015)

May 18, 2015

May 18, 2015

PACER
17

Letter Request/Motion

May 19, 2015

May 19, 2015

PACER
17

Letter Request/Motion

May 19, 2015

May 19, 2015

PACER
17

Letter Request/Motion

May 19, 2015

May 19, 2015

PACER
18

Third Party Complaint

May 19, 2015

May 19, 2015

PACER
18

Third Party Complaint

May 19, 2015

May 19, 2015

PACER
18

Third Party Complaint

May 19, 2015

May 19, 2015

PACER

Order on Letter Request

May 19, 2015

May 19, 2015

PACER

Order on Letter Request

May 19, 2015

May 19, 2015

PACER

Order on Letter Request

May 19, 2015

May 19, 2015

PACER
16

TEXT ONLY ORDER granting Defts' 14 Letter Request to restrict access to defts' 12 answer based upon NDNY Local Rule 8.1; SO ORDERED - Authorized on 5/19/2015 by Sr. District Judge Thomas J. McAvoy (cml) (Entered: 05/19/2015)

May 19, 2015

May 19, 2015

PACER

Order on Letter Request

May 19, 2015

May 19, 2015

PACER
17

Letter Motion from Donald R. Gerace, Esq. for Bruce J. Karam, Utica City School District, Utica City School District Board of Education requesting Responding to Plaintiff's Motion submitted to Judge Dancks . (Gerace, Donald) (Entered: 05/19/2015)

May 19, 2015

May 19, 2015

PACER
18

THIRD PARTY COMPLAINT against Mohawk Valley Resource Center for Refugees filed by Bruce J. Karam, Utica City School District, Utica City School District Board of Education. (Attachments: # 1 Proposed Summons, # 2 Civil Cover Sheet)(Gerace, Donald) (Entered: 05/19/2015)

May 19, 2015

May 19, 2015

PACER
20

Letter Request/Motion

May 20, 2015

May 20, 2015

PACER
20

Letter Request/Motion

May 20, 2015

May 20, 2015

PACER
20

Letter Request/Motion

May 20, 2015

May 20, 2015

PACER
19

Third-Party Summons Issued as to Mohawk Valley Resource Center for Refugees. (lah) (Entered: 05/20/2015)

May 20, 2015

May 20, 2015

PACER
20

Letter Motion from Philip Desgranges for B. B-T, Ali Janar, Ado Lar, Suk Maya Rai, Patrick Tuyizere, Cho Cho Win submitted to Judge Therese Wiley Dancks in Response to Defendants' 5-19-2015 Letter (at Dkt. No. 17). (Desgranges, Philip) (Entered: 05/20/2015)

May 20, 2015

May 20, 2015

PACER

Order on Letter Request AND Order on Letter Request AND Order on Letter Request

May 21, 2015

May 21, 2015

PACER

Order on Letter Request AND Order on Letter Request AND Order on Letter Request

May 21, 2015

May 21, 2015

PACER

Order on Letter Request AND Order on Letter Request AND Order on Letter Request

May 21, 2015

May 21, 2015

PACER
21

TEXT ORDER : Court has reviewed Plaintiffs' letter motion (Dkt. No. 15 ) regarding request to reschedule Rule 16 Conference to an earlier date than the current date of 7/22/2015 (see Dkt. No. 3), and further letter (Dkt. No. 20 ) of Plaintiffs' in support of their request. Court has also reviewed Defendants' letter motion (Dkt. No. 17 ) requesting Rule 16 Conference to remain as scheduled, and that no expedited discovery schedule be issued. Court also notes a Third Party Complaint (Dkt. No. 18) has been filed and a summons (Dkt. No. 19) has been issued in accordance with that Third Party Complaint. Letter motions are determined as follows: Dkt. Nos. 15 and 20 are denied without prejudice at this time. Plaintiffs may renew their request once the Third Party Defendant has been served and filed a response to the Third Party Complaint. Dkt. No. 17 is granted insofar as it seeks to have the Rule 16 conference remain as scheduled. Issues regarding an expedited discovery schedule will be addressed at the Rule 16 Conference, which remains scheduled for 7/22/2015 at the present time per Dkt. No. 3. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/21/2015. (sg ) (Entered: 05/21/2015)

May 21, 2015

May 21, 2015

PACER

Order on Letter Request AND Order on Letter Request AND Order on Letter Request

May 21, 2015

May 21, 2015

PACER
22

AFFIDAVIT of Service for Summons and Third Party Complaint served on Mohawk Valley Resource Center for Refugees on May 21, 2015, filed by Bruce J. Karam, Utica City School District, Utica City School District Board of Education. (Gerace, Donald) (Entered: 05/21/2015)

May 21, 2015

May 21, 2015

PACER

***Answer due date updated for Mohawk Valley Resource Center for Refugees answer due 6/11/2015. (lah)

May 21, 2015

May 21, 2015

PACER
23

NOTICE of Appearance by Julie Pasquariello Apter on behalf of Mohawk Valley Resource Center for Refugees (Apter, Julie) (Entered: 06/03/2015)

June 3, 2015

June 3, 2015

PACER
24

NOTICE of Appearance by Kenneth M. Alweis on behalf of Mohawk Valley Resource Center for Refugees (Alweis, Kenneth) (Entered: 06/03/2015)

June 3, 2015

June 3, 2015

PACER
25

STIPULATION re 18 Third Party Complaint, Extension of Time to Answer by Mohawk Valley Resource Center for Refugees. (Apter, Julie) (Entered: 06/08/2015)

June 8, 2015

June 8, 2015

PACER

~Util - Set/Reset Answer Deadlines AND Order

June 9, 2015

June 9, 2015

PACER

~Util - Set/Reset Answer Deadlines AND Order

June 9, 2015

June 9, 2015

PACER

~Util - Set/Reset Answer Deadlines AND Order

June 9, 2015

June 9, 2015

PACER
26

TEXT ORDER re: 25 Stipulation for extension : Answer due date updated for Third Party Defendant Mohawk Valley Resource Center for Refugees : answer to third party complaint due 6/26/2015. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/9/2015. (sg ) (Entered: 06/09/2015)

June 9, 2015

June 9, 2015

PACER

~Util - Set/Reset Answer Deadlines AND Order

June 9, 2015

June 9, 2015

PACER
27

ANSWER to 18 Third Party Complaint, by Mohawk Valley Resource Center for Refugees. (Attachments: # 1 Certificate of Service)(Apter, Julie) (Entered: 06/25/2015)

June 25, 2015

June 25, 2015

PACER
28

CIVIL CASE MANAGEMENT PLAN by B. B-T, Ali Janar, Ado Lar, Suk Maya Rai, Patrick Tuyizere, Cho Cho Win. (Desgranges, Philip) (Entered: 07/15/2015)

July 15, 2015

July 15, 2015

PACER

TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Initial Pretrial Conference held on 7/22/2015. Mandatory disclosures have been exchanged. First set of Rule 33 and 34 requests will be served by 8/21/2015. Plaintiffs' counsel requests to exceed the deposition limit allowed. Defendants' counsel believes this issue is premature. Judge defers this issue at this time. The schedule for class certification is deferred until the next telephone conference. Joinder deadline is set for 9/14/2015. Mandatory mediation deadline is set for 10/20/2015. Amendment deadline is set for 11/9/2015. The deadline for completion of fact discovery is set for 1/29/2016. Plaintiffs' expert report is due by 2/29/2016. Defendants & Third-Party Plaintiffs' expert report is due by 3/28/2016. Third-Party Defendants' expert report is due by 4/25/2016. Any rebuttal expert report is due by 4/29/2016. Completion of all discovery, including expert depositions, is due by 5/31/2016. Any discovery motions must be filed by 6/7/2016. Dispositive motions must be filed by 7/29/2016. This will be a non-jury trial that will last approximately 7 days in Albany. A trial ready deadline and trial date before Senior District Judge McAvoy will be set shortly. A follow-up status telephone conference will be set for some time in mid to late October. APP: Alexis Karteron, Esq., Philip Desgranges, Esq., Samuel Young, Esq., Susan Young, Esq., Adam Crowley, Esq., Donald Gerace, Esq., and Juli Pasquariello-Apter, Esq.. (FTR Recorded 9:30 AM - 10:20 AM). (sal, )

July 22, 2015

July 22, 2015

PACER
29

Order Referring Case to Mandatory Mediation

July 23, 2015

July 23, 2015

PACER
29

Order Referring Case to Mandatory Mediation

July 23, 2015

July 23, 2015

PACER
29

Order Referring Case to Mandatory Mediation

July 23, 2015

July 23, 2015

PACER
29

ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 8/20/2015. Deadline for completion of Mandatory Mediation is 10/20/2015. Signed by Magistrate Judge Therese Wiley Dancks on 7/23/15. (sal, ) (Entered: 07/23/2015)

July 23, 2015

July 23, 2015

PACER

Set/Reset Hearings: A Telephone Conference is set for 10/23/2015 at 11:00 AM before Magistrate Judge Therese Wiley Dancks. The conference will be conducted by telephone. Attorney Gerace is directed to initiate the call by using AT&T or other teleconferencing service and call Judge Dancks' chambers at 315-234-8618, a dedicated conference line which is not to be used for other purposes. (sal)

July 23, 2015

July 23, 2015

PACER
30

Uniform Pretrial Scheduling Order

July 24, 2015

July 24, 2015

PACER
30

Uniform Pretrial Scheduling Order

July 24, 2015

July 24, 2015

PACER
30

Uniform Pretrial Scheduling Order

July 24, 2015

July 24, 2015

PACER
30

UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of non-jury trial: 7 days. Preferred Trial Location: Albany. Joinder deadline is set for 9/14/2015. Mandatory mediation deadline is set for 10/20/2015. Amendment deadline is set for 11/9/2015. The deadline for completion of fact discovery is set for 1/29/2016. Plaintiffs' expert report is due by 2/29/2016. Defendants & Third-Party Plaintiffs' expert report is due by 3/28/2016. Third-Party Defendants' expert report is due by 4/25/2016. Any rebuttal expert report is due by 4/29/2016. Completion of all discovery, including expert depositions, is due by 5/31/2016. Any discovery motions must be filed by 6/7/2016. Dispositive motions must be filed by 7/29/2016. Trial Ready Deadline is 10/2/2016. Bench Trial set for 10/12/2016 at 10:00 AM in Albany before Senior Judge Thomas J. McAvoy. Signed by Magistrate Judge Therese Wiley Dancks on 7/24/15. (sal, ) (Entered: 07/24/2015)

July 24, 2015

July 24, 2015

PACER
32

Extension of Time to Complete Discovery

Aug. 7, 2015

Aug. 7, 2015

PACER
32

Extension of Time to Complete Discovery

Aug. 7, 2015

Aug. 7, 2015

PACER
32

Extension of Time to Complete Discovery

Aug. 7, 2015

Aug. 7, 2015

PACER
31

STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Richard Pertz has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Philip Desgranges, Donald R. Gerace, Julie P. Apter and. Dated: August 7, 2015(Apter, Julie) (Entered: 08/07/2015)

Aug. 7, 2015

Aug. 7, 2015

PACER
32

MOTION for Extension of Time to Complete Discovery filed by Mohawk Valley Resource Center for Refugees. Motions referred to Therese Wiley Dancks. (Apter, Julie) Modified on 8/10/2015 (sg ). (Entered: 08/07/2015)

Aug. 7, 2015

Aug. 7, 2015

PACER

Order on Letter Request

Aug. 10, 2015

Aug. 10, 2015

PACER

Order on Letter Request

Aug. 10, 2015

Aug. 10, 2015

PACER

Order on Letter Request

Aug. 10, 2015

Aug. 10, 2015

PACER
33

TEXT ORDER granting 32 Letter Request for extension of mediation deadline. Deadline for completion of Mandatory Mediation is 11/2/2015. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/7/2015. (sg) (Entered: 08/10/2015)

Aug. 10, 2015

Aug. 10, 2015

PACER

Order on Letter Request

Aug. 10, 2015

Aug. 10, 2015

PACER
34

Letter Request/Motion

Sept. 17, 2015

Sept. 17, 2015

PACER
34

Letter Request/Motion

Sept. 17, 2015

Sept. 17, 2015

PACER
34

Letter Request/Motion

Sept. 17, 2015

Sept. 17, 2015

PACER

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 27, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Refugees living in Utica, NY between the ages of 17 and 21

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Utica School District Board of Education (Utica), School District

Utica City School District (Utica), School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 79000

Order Duration: 2016 - 2020

Content of Injunction:

Implement complaint/dispute resolution process

Reporting

Required disclosure

Training

Issues

General:

Classification / placement

Education

Language access/needs

Pattern or Practice

School/University policies

Discrimination-basis:

Immigration status

Language discrimination

Immigration/Border:

Constitutional rights

Refugees