Parents for Quality Education with Integration, Inc. v. Indiana

CUDAHY, Circuit Judge.

This case comes before us on an interlocutory appeal from the denial of the defendants’ motion for summary judgment. The district court certified two questions for appeal:

1. Whether the Eleventh Amendment permits continuation of a desegregation suit against State Defendants after a court-approved settlement decree between the Plaintiffs and the local school defendants; and

2. Whether the Court can and should consider shifting between the local and state governments the costs of financing a desegregation remedy prior to failure or impending failure of the financing…