United States Ninth Circuit

In an action brought by a class of English Language Learners (ELL) under the Equal Educational Opportunities Act (EEOA), on remand from the US Supreme Court, the district court's judgment is affirmed where: 1) the district court complied with the Supreme Court order and did not abuse its discretion in granting defendants' Rule 60(b)(5) motion, where the circumstances surrounding ELL programs has changed since 2000 and the current programs constituted "appropriate action" under the EEOA; and 2) plaintiffs have not show that Arizona was violating the EEOA on a statewide basis, and the facts alleged were insufficient to justify maintenance of a statewide injunction.

Appellate Information

• Decided 06/15/2015
• Published 06/15/2015

Judges

• Smith

Court

• United States Ninth Circuit

Counsel