Hardy et al v. Malvern School District et al

Filing 141

JUDGMENT: Granting 101 MOTION for Summary Judgment filed by Malvern School District; Denying as moot 104 MOTION for Summary Judgment filed by Samuel Ledbetter, Jim Cooper, Ben Mays, Brenda Gullett, Diane Tatum, Sherry Burrow, Naccaman Williams, A lice Williams Mahony; Denying as moot 107 MOTION for Summary Judgment filed by Sue Wallace, Rhonda Richardson, Benjamin Lynch, Sr., Jennifer Draper, Darrin Hardy, Kathy Teague, Julie Hardy, Mark Draper, Karen Mears, Karen West, Ron Teague, John Wal lace. Dismissing claims against Malvern School District with prejudice; Dismissing the members of the Arkansas State Board of Education without prejudice. Signed by Honorable Robert T. Dawson on March 16, 2010. (dmc) Modified on 3/16/2010 to edit text to with prejudice as to Malvern School District (dmc).

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION DARRIN HARDY; JULIE HARDY; BENJAMIN LYNCH, SR.; SUE WALLACE; JOHN WALLACE; RON TEAGUE; KATHY TEAGUE; KAREN MEARS; MARK DRAPER; JENNIFER DRAPER; RHONDA RICHARDSON; and KAREN WEST v. Civ. No. 08-6094

PLAINTIFFS

MALVERN SCHOOL DISTRICT; DIANE TATUM, BRENDA GULLETT, ALICE WILLIAMS MAHONY, DR. BEN MAYS, SAMUEL LEDBETTER, JIM COOPER, and SHERRY BURROW, members of the Arkansas State Board of Education; DR. NACCAMAN WILLIAMS, Vice Chair of the Arkansas State Board of Education; and RANDY LAWSON, Chair of the Arkansas State Board of Education Judgment

DEFENDANTS

For the reasons set forth in the Memorandum Opinion, filed contemporaneously herewith, Defendant Malvern School District's Motion for Summary Judgment and Judgment on the Pleadings (dkt. 101) is GRANTED, and the claims against the Malvern School District are DISMISSED WITH PREJUDICE. The Court cannot reach the merits of the Motion for Summary Judgment by the members of the Arkansas State Board of Education (dkt. 104) or Plaintiffs' Motion for Summary Judgment (dkt. 107) because Plaintiffs have not proceeded in a manner consistent with the doctrine of Ex parte Young. Based

on this determination, the members of the Arkansas State Board of Education are DISMISSED WITHOUT PREJUDICE. To the extent the

Motion for Summary Judgment by the members of the Arkansas State Board of Education (dkt. 104) or Plaintiffs' Motion for Summary Judgment (dkt. 107) addresses the merits of the constitutionality of the race-based transfer restriction in the Arkansas Public School Choice Act, the motions are DENIED AS MOOT. responsible for its own fees and costs. Each party is

The parties have thirty

days from entry of this judgment on the docket in which to appeal. IT IS SO ORDERED this 16th day of March 2010. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge

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