Friery v. Los Angeles Unified School District

ORDER

We have been asked to consider whether a school district’s race-conscious faculty transfer policy violates either the California or federal constitutions. 1 Before we reach the merits of the claim, we must first consider whether the plaintiff has standing to bring suit. Because we conclude that the record is insufficiently developed to determine whether there is Article' III standing, we remand to the district court for the limited purpose of finding facts and making a determination of the plaintiffs standing. 2

I

James Friery, the plaintiff-appellant, is a physical education instructor at…