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Case Name Antoine v. Winner School District ED-SD-0002
Docket / Court 3:06-cv-03007-CBK ( D.S.D. )
State/Territory South Dakota
Case Type(s) Education
Attorney Organization ACLU National (all projects)
Case Summary
Plaintiffs, minor students, filed this class action lawsuit on March 27, 2006, against Winner School District and three of its administrators in the U.S. District Court for the District of South Dakota. Plaintiffs, who were Native American, alleged that employees of the School District engaged in a ... read more >
Plaintiffs, minor students, filed this class action lawsuit on March 27, 2006, against Winner School District and three of its administrators in the U.S. District Court for the District of South Dakota. Plaintiffs, who were Native American, alleged that employees of the School District engaged in a pattern or practice of intentional racial discrimination with the purpose of pushing Native American students out of the school system. Specifically, plaintiffs alleged that the School District disciplinary practices targeted Native American students by disciplining them more often and more harshly than other students, referring them to law enforcement for minor infractions, and coercing criminal confessions out of them. They also alleged that teachers and administrators tolerated and fostered a racially hostile school environment by allowing racial name-calling and bullying to occur and treating Native American parents with disrespect. As a result, Native American students were less likely to complete high school and felt demoralized at school.

Represented by the ACLU and the Rosebud Sioux Attorney General's Office, plaintiffs brought claims under the Fifth Amendment, the Due Process Clause and Equal Protection Clauses of the Fourteenth Amendment, and Title VI of the Civil Rights Act. They sought declaratory and injunctive relief pursuant to 42 U.S.C. §1983. Plaintiffs also asked the court to certify as a class all Native American students who were or would be enrolled in Winner School District's middle and high schools.

On April 28, 2006, plaintiffs submitted a motion for class certification. The parties began the discovery process in June. On October 20, 2006, Judge Charles B. Kornmann issued an order granting class certification.

After a series of mediation sessions, the parties settled and filed a proposed Settlement Agreement on May 30, 2007. A court-enforceable Consent Decree was entered by Judge Kornmann on December 10, 2007. The terms of the Consent Decree prohibited defendants from requiring any student to make a written statement ("affidavit") that could be used against him or her in legal proceedings. The Decree also required defendants to immediately notify parents after deciding to refer a student to law enforcement and to notify students of their legal right to remain silent in such a case; train School District employees on proper disciplinary procedures and the constitutional rights of students; obtain an independent expert to assist with the development of disciplinary matrices; keep accurate records of disciplinary incidents; conduct evaluations of students subjected to discipline three or more times over the course of a year; hire a Native American ombudsperson; train teachers on American Indian education and educational equity; increase its number of Native American employees; and take several other measures designed to eliminate racial discimination and create an inclusive environment for Native American students and families. Defendants were also ordered to find and appoint a Monitor to oversee and report on the implementation of the Consent Decree.

The court maintained jurisdiction for enforcement purposes. The Decree was to stay in effect until defendants had achieved and maintained compliance for four years. Finally, it awarded plaintiffs $100,000 in attorneys' fees and costs.

The first and second progress reports, filed in June and September 2008, indicated that defendants had made progress in all areas. Among other things, they had hired more Native American staff members, developed anti-bullying programming, and developed a disciplinary matrix.

On January 8, 2014, the parties proposed an Amended Consent Decree. The court granted the Amended Decree on April 28, 2014. The new agreement was very similar to the original, but required that, if the School District reached all outcome measures within the following two years, it would be released from the Agreement. If some measures were not reached within that time, the District would be formally released from having to reach those outcomes but would be required to continue a good-faith effort to do so for the following two years.

On May 31, 2017, the parties jointly filed a motion to terminate the Consent Decree after finding that defendants had met all of their obligations. Judge Kornmann formally terminated the Decree on June 6, 2017.

Lauren Latterell Powell - 01/11/2018


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Goals and Timekeeping
Hire
Monitor/Master
Recordkeeping
Reporting
Training
Defendant-type
Elementary/Secondary School
Discrimination-basis
Race discrimination
General
Language/ethnic/minority needs
Plaintiff Type
Private Plaintiff
Race
American Indian/Alaskan Native
Causes of Action 42 U.S.C. § 1983
Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.
Defendant(s) Winner School District
Plaintiff Description Native American students who were or would be enrolled in Winner School District's middle and high schools
Indexed Lawyer Organizations ACLU National (all projects)
Class action status sought Yes
Class action status granted Yes
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2007 - 2017
Filing Year 2006
Case Closing Year 2017
Case Ongoing No
Docket(s)
3:06−cv−03007−CBK (D.S.D.)
ED-SD-0002-9000.pdf | Detail
Date: 06/06/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
ED-SD-0002-0001.pdf | Detail
Date: 03/27/2006
Source: PACER [Public Access to Court Electronic Records]
Complaint [ECF# 23]
ED-SD-0002-0002.pdf | Detail
Date: 05/12/2006
Source: PACER [Public Access to Court Electronic Records]
Order and Opinion Granting Class Certifications [ECF# 33] (D.S.D.)
ED-SD-0002-0003.pdf | Detail
Date: 10/20/2006
Source: PACER [Public Access to Court Electronic Records]
Notice of Proposed Settlement of School-Discrimination Lawsuit [ECF# 56]
ED-SD-0002-0004.pdf | Detail
Date: 10/16/2007
Source: PACER [Public Access to Court Electronic Records]
Consent Decree [ECF# 64] (D.S.D.)
ED-SD-0002-0005.pdf | Detail
Date: 12/10/2007
Source: PACER [Public Access to Court Electronic Records]
Status Report - Monitor's First Quarterly Report [ECF# 66]
ED-SD-0002-0006.pdf | Detail
Date: 06/02/2008
Source: PACER [Public Access to Court Electronic Records]
Status Report - Monitor's Second Quarterly Report [ECF# 68]
ED-SD-0002-0007.pdf | Detail
Date: 09/10/2008
Source: PACER [Public Access to Court Electronic Records]
Findings of Fact and Conclusions of Law [ECF# 79] (2014 WL 1761007) (D.S.D.)
ED-SD-0002-0008.pdf | WESTLAW | Detail
Date: 04/29/2014
Source: PACER [Public Access to Court Electronic Records]
Amended Consent Decree [ECF# 81] (D.S.D.)
ED-SD-0002-0009.pdf | Detail
Date: 11/04/2014
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 83] (D.S.D.)
ED-SD-0002-0010.pdf | Detail
Date: 06/06/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Kornmann, Charles B. (D.S.D.)
ED-SD-0002-0003 | ED-SD-0002-0004 | ED-SD-0002-0008 | ED-SD-0002-0009 | ED-SD-0002-0010 | ED-SD-0002-9000
Plaintiff's Lawyers Bowie, Courtney A (South Dakota)
ED-SD-0002-0009 | ED-SD-0002-9000
Dahlberg, Robin L. (New York)
ED-SD-0002-0005 | ED-SD-0002-9000
Hanna, Dana (South Dakota)
ED-SD-0002-0001 | ED-SD-0002-0002 | ED-SD-0002-0005 | ED-SD-0002-9000
Kim, Catherine Yonsoo (New York)
ED-SD-0002-0005 | ED-SD-0002-9000
Pevar, Stephen L. (Connecticut)
ED-SD-0002-0001 | ED-SD-0002-0002 | ED-SD-0002-0005 | ED-SD-0002-0009 | ED-SD-0002-9000
Defendant's Lawyers Frankenstein, Sara (South Dakota)
ED-SD-0002-0005 | ED-SD-0002-0006 | ED-SD-0002-0007 | ED-SD-0002-9000
Knudsen, Donald P. (South Dakota)
ED-SD-0002-0005 | ED-SD-0002-0006 | ED-SD-0002-0007 | ED-SD-0002-9000
Trucano, Jennifer K (South Dakota)
ED-SD-0002-0007 | ED-SD-0002-0009 | ED-SD-0002-9000

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