United States Ninth Circuit
Flores v. State of Arizona, 07-15603, 07-15605
Denial of defendant-superintendent's and intervenors' motion for relief from a 2000 judgment, which had found that Arizona was violating the Equal Educational Opportunity Act because the state's funding for English language instruction for non-native speakers was "not reasonably calculated to effectively implement the ... educational theory which" the state had approved, is affirmed as: 1) Arizona did not appeal the original judgment, and has not complied with the Declaratory Judgment or with the bulk of the post-judgment relief orders; and 2) it was not inequitable to continue to require compliance.
Appellate Information
- Argued 12/04/2007
- Decided 02/22/2008
- Published 02/25/2008
Judges
- BERZON, Circuit Judge:, Before: B. FLETCHER, BERZON, and RAWLINSON, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- David J. Cantelme (argued) and D. Aaron Brown, of Cantelme & Brown, P.L.C., for Intervenors-Appellants Speaker of the Arizona House of Representatives and President of the Arizona Senate., John C. Richardson and Shefali Milczarek-Desai, of DeConcini McDonald Yetwin & Lacy, P.C., for amicus curiae Arizona School Boards Association, Tucson Unified School District, Mesa Unified School District, Sunnyside Unified School District, and Phoenix Union High School District.
- For Appellees:
- Eric J. Bistrow (argued), of Burch & Cracchiolo, P.A., for Defendant-Appellant Thomas C. Horne, Superintendent of Public Instruction of the State of Arizona., Timothy M. Hogan (argued) and Joy E. Herr-Cardillo, of the Arizona Center for Law in the Public Interest, for Plaintiffs-Appellees Miriam Flores et al., José A. Cárdenas (argued), Lynne C. Adams, David D. Garner, and Kimberly A. Demarchi, of Lewis & Roca LLP, and Terry Goddard, Attorney General of the State of Arizona, Mary O'Grady, Solicitor General of the State of Arizona, and Susan P. Segal, Assistant Attorney General of the State of Arizona, for Defendants-Appellees State of Arizona and Arizona State Board of Education.