Legal Opinion · Concurring in part, dissenting in part
Little Rock School District v. North Little Rock School District
Court of Appeals for the Eighth Circuit
Decided June 26, 2006No. 04-2923Published
1Concurring in part, dissenting in partGruender, Circuit Judge
Like the Court, I would affirm the district court’s finding that LRSD was not in substantial compliance with section 2.7.1 of the Revised Plan as embodied in the 2002 Remedy. However, I respectfully dissent from the Court’s judgment because I find that the district court abused its discretion in imposing the 2004 Remedy.
A consent decree “is a kind of private law, agreed to by the parties and given shape over time through interpretation by the court that entered it.” Knote, 29 F.3d at 1300 (quoting Sennewald v. Univ. of Minnesota, 847 F.2d 472, 475 (8th Cir. 1988) R. Arnold, J., concurring).…
2Cases cited3 opinions
- Pure Country, Inc., Doing Business as Pure Country Weavers v. Sigma Chi Fraternity Sigma Chi CorporationCourt of Appeals for the Eighth Circuit · 2002
- Walter Holland Oveston Cox Terry Jacobs Brian Taylor Walter Williams Mildeo Raghu J. James Roberson, Luther Gregg Wilhelmina Sherrod Lilli Smitherman, as Administratrix of the Estate of Richard Smitherman, on Behalf of Themselves and All Other Persons Similarly Situated v. New Jersey Department of Corrections, the Jack Terhune William Plantier Scott Faunce George Blaskewicz John Swal James Williams Frank Budd David Wianecki Louis Helmkin Arthur Fingerman Wayne Schultz Ronald Ensana Thomas Moran Michael Viggiano Paul Schuster Gregory Daukshaus, Lawrence Carpenter Patrick Arvonio Al Ortiz Joseph Butler Robert Miller Herbert Bowlby Michael Devine Dominick Conte Barry Parks Raymond Conover David Tilbury Anthony Porto Robert Stephens James Lutz Frederick Valusek Carolyn Abboa-Offei Lydell Sheerer Christopher Norelli George Kennybrook Individually and in Their Capacities as Employees and Agents of the New Jersey Department of Corrections State Law Enforcement Conference of the New Jersey State Policemen's Benevolent Association New Jersey Law Enforcement Supervisors Association, Primary Level Supervisory Law Enforcement Unit New Jersey Superior Officer's Law Enforcement Association Captains Unit Internal Affairs Investigators Association, Internal Affairs Investigators Unit, as Necessary Parties Pursuant to Fed. R. Civ. Pro. 19(a) James Lutz v. Luther Gregg Usa, Lilli Smitherman, in Her Capacity as of the Estate of Richard Smitherman Walter Holland Oveston Cox Brian Taylor Terry Jacobs Walter Williams Intervenor-Plaintiffs v. State of New Jersey New Jersey Department of Corrections Jack Terhune, in His Official Capacity as Commissioner of the New Jersey Department of Corrections State Law Enforcement Conference of the New Jersey State Policemen's Benevolent Association New Jersey Law Enforcement Supervisors Association, Primary Level Supervisory Law Enforcement Unit New Jersey Superior Officers Law Enforcement Association, Superior Officers Law Enforcement Unit New Jersey Superior Officers Law Enforcement Association, Captain Unit Internal Affairs Investigators Association, Internal Affairs Investigators Unit Usa, Lena Haskins, on Behalf of Herself and All Other Persons Similarly Situated, Intervenor-Plaintiffs v. New Jersey Department of Corrections, TheCourt of Appeals for the Third Circuit · 2001
- Charlene Sennewald v. University of Minnesota and the Regents of the University of MinnesotaCourt of Appeals for the Eighth Circuit · 1988