Legal Opinion

Berry v. School District of the City of Benton Harbor

District Court, W.D. Michigan

Decided May 11, 2001No. 4:67-cv-9PublishedCited by 1 opinion

1Opinion of the Court

OPINION RE BURDEN OF PROOF

HILLMAN, Senior District Judge.

This 34-year-old school desegregation case has been the subject of numerous prior opinions of this court. The case is scheduled for a unitary status hearing beginning July 24, 2001. The matter presently is before the court on cross motions in limine (dkt## 1553, 1556) regarding which party bears the burden of proof as to whether vestiges of student achievement disparities caused by past discrimination have been eliminated to the extent practicable. For the reasons that follow, the court concludes that defendants bear that burden.…

2Cases cited16 opinions

  1. Swann v. Charlotte-Mecklenburg Board of EducationSupreme Court of the United States · 1971
  2. Green v. County School Board of New Kent CountySupreme Court of the United States · 1968
  3. Milliken v. BradleySupreme Court of the United States · 1977
  4. Milliken v. BradleySupreme Court of the United States · 1974
  5. Keyes v. School Dist. No. 1, DenverSupreme Court of the United States · 1973

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3Cited by1 opinion

  1. Berry v. School Dist. of City of Benton HarborDistrict Court, W.D. Michigan · 2002

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