Opinion

Duhon v. Tatje

Court
District Court, E.D. Louisiana
Filed
Nov 18, 2024
Cited by
0 cases
Authority
More cited than 33.0%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

KATHY R. DUHON, ET AL. CIVIL ACTION

VERSUS NO: 90-1669

ANN T. TATJE, ET AL.

SECTION: "A"

ORDER AND REASONS

On October 22, 2024, the Court held oral argument on the following motions:

1) Motion for Further Relief, Discovery, and Evidentiary Hearing (Rec. Doc.

220) filed by “the plaintiffs.”

2) Motion to Substitute Named Plaintiffs (Rec. Doc. 228) filed by “the plaintiffs.”

Both motions are opposed.

The motions were taken under advisement following argument by counsel. (Rec.

Doc. 235, Minute Entry).

The motions were filed by counsel with the NAACP Legal Defense and Educational

Fund, Inc. (“the LDF”) and local counsel, Mr. Gideon Carter, on behalf of “Plaintiffs,” who

purport to be the original plaintiffs (Hermon Harris, Jr., et al. ) from a desegregation case

that was first initiated in 1963—over 61 years ago—and resulted in certain consent

decrees/orders that remain in effect today.1 But given that no person who was a plaintiff in

1 The 1963 desegregation case, which was designated as Civil Action 13,212, is a separate and

distinct lawsuit from the captioned case, Kathy R. Duhon, et al., which was filed in May of 1990.

Duhon was consolidated with the old Harris case, which by 1990 had long been closed and

concluded in light of the various consent decrees/orders that had been entered to resolve the case.

The Harris case predated the case numbering system currently used in the federal court system so

the consolidated Harris and Duhon actions both report under the case designation given to the

later-filed Duhon action, Civil Action no. 90-1669.

The LDF has confirmed that “the plaintiffs” who are purporting to currently seek relief from

the 1963 case is participating in the matters currently before the Court, and given that no

new plaintiff has been added to the Harris case since 1963, the St. John the Baptist

School Board (“the Board”) has raised legitimate questions about who exactly is driving the

recent resurgence of litigation in this case.

The docket sheet includes the United States of America as a plaintiff-intervenor in

the case but the United States is not a signatory to the pending motions and has not

assumed an active role in recent events.

I.

The premise underlying the Motion for Further Relief, Discovery, and

Evidentiary Hearing filed by the LDF is that the Board is in violation of the desegregation

orders/decrees entered in resolving the Harris case because the Board continues to

operate the Fifth Ward Elementary School (“FWE”), which has a predominately black

student body, and which due to its proximity to the Denka Performance Elastomer plant—a

plant accused of emitting unacceptably dangerous levels of chloroprene into the

surrounding air—constitutes an inferior and unequal facility. The LDF contends that the

problem at FWE is exacerbated by the fact that the FWE facility does not have an indoor

gymnasium which means that the children who attend the school must play outside during

recess.

The Denka plant has certainly gained notoriety in recent years. It has been the

subject of multiple lawsuits (federal and state), some of which are still ongoing. Denka has

faced scrutiny from the EPA as well as private community lawsuits. Environmental issues

surrounding the Denka plant have been raised in many venues and executive agencies

the Court are not the Duhon plaintiffs from the 1990 lawsuit but rather the Harris plaintiffs from the

original 1963 lawsuit.

(federal and state).

The ultimate relief that the LDF seeks is for the Court to order the FWE school

closed and all of the students reassigned to LaPlace Elementary. But to get to that ultimate

relief, the LDF first seeks discovery and an evidentiary hearing. The LDF wanted to close

the FWE school prior to the start of the 2024-25 school year but at an in person status

conference held on June 20, 2024, the Court informed the parties that the school would

not be closed prior to the start of the school year because the start of school was fast-

approaching. (Rec. Doc. 222, Minute Entry).

The Court been informed that just days ago, at its November 7, 2024 meeting, the

Board approved by a vote of 7 to 4 to close FWE at the end of the 2024-25 school year,

thereby mooting for the most part of the relief that the LDF was seeking in its Motion for

Further Relief, Discovery, and Evidentiary Hearing. (Rec. Doc. 236, Status Report).

The Board voted, to reassign the FWE students to LaPlace Elementary and to East St.

John Prepatory School even though the LDF wanted all of FWE’s students reassigned to

LaPlace Elementary.

When Hermon Harris, Jr. and his co-plaintiffs filed suit against the Board in 1963,

like many lawsuits of its time it sought to challenge the prior de jure segregated system of

public schools that were being operated in the parish.2 There was little to dispute insofar

as the school system was racially segregated by law. Various consent decrees and orders

were entered numerous times over the years (1966, 1967, 1969, 1992) in order to

2 The Harris case predated electronic court record keeping. This Court does not have a copy of the

old paper court record—it is in the custody of the archives where old court records are sent when

cases are long-closed. In October 1990, a copy of the manually-typed docket sheet was scanned

into the Duhon docket sheet. (Rec. Doc. 13).

desegregate the school system in St. John the Baptist Parish.3 The consolidated Harris

and Duhon actions were reassigned to this Court via random reallotment by order of Chief

Judge Vance on July 28, 2009. (Rec. Doc. 100). A third consent judgment was approved

by the Court and entered on August 26, 2021 pertaining to the Emily C. Watkins

Elementary School. (Rec. Doc. 113).

But the issues currently being raised in the LDF’s Motion for Further Relief,

Discovery, and Evidentiary Hearing pertain to the orders and consent decrees entered

in the original Harris matter. This is because the desegregation orders that the LDF is

accusing the Board of violating were entered as part of the resolution of the Harris case.

The case has been closed for decades but the LDF asserts without contradiction that all of

the old desegregation decrees/orders entered in the case pertaining to the school system

in St. John the Baptist Parish are extant, remain in effect, and the Board remains subject

to the requirements of those decrees/orders because there has never been a judicial

finding that the Board has attained “unitary status” so as to terminate court oversight of the

school system in the parish.

Throughout the years following the reassignment of Duhon (with the Harris case

incorporated into it) to Section A, the Court has received regular formal status reports and

various consent motions but nothing contested until last summer when on July 14, 2023,

the LDF on behalf of “Private Plaintiffs Hermon Harris, et al.” asked for an emergency

status conference to discuss concerns that children attending the FWE school face a

heightened risk of cancer due the school’s proximity to the Denka plant. (Rec. Doc. 198,

Status Report). The LDF explained that its attorneys and the Board had been in

3 None of these orders and decrees are available to the Court in the electronic record but some

have been photocopied and attached to the memoranda.

agreement that FWE should be closed prior to the commencement of the 2023-24 school

year but then the Board had abruptly changed its position. The school was perhaps going

to close instead prior to the 2024-25 school year but the LDF thought that was too long to

wait.4

In light of the request for an emergency status conference, the Court held two

telephone conferences and one in person conference. At the July 27, 2023 telephone

4 At the time that the briefing was submitted prior to the oral argument, the Board was not

committed to closing FWE except that the Board advised that is was currently preparing a

comprehensive study for the entire school district that may result in some closings, consolidations,

or realignments, at one or more schools in the district—that study was expected to be completed in

the fall of 2024—then a proposal would be set forth that may resolve concerns related to FWE.

Although the Board’s reasons for refusing to close FWE prior to the 2024-25 school year,

whether the school should close at all, and the fallout from closing the school were not at issue

during the oral argument, for completeness it bears noting that the Board raised concerns that

closing FWE as the LDF seeks to do is a piecemeal approach to any problems in the district that

will have farther reaching effects than simply closing one school—which is something the Board is

convinced that the LDF is actually trying to do. The Board points out that if FWE is closed then in

effect East St. John Preparatory School will close because FWE is its only feeder school. The

Board accuses the LDF of having this second closure as an ulterior motive. And furthermore, the

Board is adamant that if the LDF’s chosen remedy—sending all of the FWE students and staff to

LaPlace Elementary is implemented—then there will be no desegregation benefits from such a

move because the black to white ratio at LaPlace Elementary would go way up which is actually a

backwards step in the desegregation effort.

At the oral argument the attorneys for the Board informed the Court that at the November 7,

2024 meeting the Board would take up the issue of closing FWE school in accordance with a 5-0

recommendation to do so, thereby possibly mooting the motions currently before the Court. The

LDF’s counsel was not particularly optimistic regarding this assertion given the Board’s alleged

reneging on previous assurances regarding plans to close FWE. The Court notes that the Board’s

meeting agenda for that meeting included the following item of New Business for public comment:

Strategic Planning Committee - As part of the initial phase of the Strategic Planning

Committee’s Key Performance Indicators for the 2025-2026 School Year, the

Committee requests Board approval to merge Fifth Ward Elementary School with

East St. John Preparatory on the ESJP campus, creating a K-8th grade

configuration. The merger would include a redistricting of Fifth Ward Elementary,

East St. John Preparatory and LaPlace Elementary School, with the Fifth Ward

Elementary students that live in close proximity of LaPlace Elementary, being

redistricted to attend LaPlace Elementary School.(Requires action).

St. John the Baptist Parish Public Schools Board Meeting Agendas,

https://www.stjohn.k12.la.us/apps/pages/index.jsp?uREC_ID=526222&type=d&pREC_ID=104196

6 (last visited Nov. 6, 2024).

Again, as noted above, at its November 7, 2024 meeting, the Board voted to close FWE at

the end of the 2024-25 school year.

conference, the Court questioned why the Board couldn’t simply close FWE at mid-school

year (because the Board attorneys pointed out the logistical impossibility of closing the

school so close to the start of the fall semester). (Rec. Doc. 202, Minute Entry). Two

footnotes included in the minute entry from that telephone conference have hit a nerve for

both parties:

Footnote 2 of the 7/27/2023 Minute Entry states (emphasis added):

Although not discussed at the conference, standing would also

likely be an obstacle to obtaining, as part of this case, the

coercive relief suggested by the Status Report. The “Private

Plaintiffs” on whose behalf the Status Report and Request for

Emergency Status Conference (#198) was filed, are Hermon

Harris, Jr., et al., the original plaintiffs from the civil action filed

in 1963, as well as the plaintiffs to the civil action filed in 1990, a

case filed over 33 years ago. It would seem highly unlikely that

any of them would have children attending FWE in 2023, and

therefore no plaintiff in this lawsuit can claim the injury-in-fact

necessary for standing to move for coercive relief not related to

the consent decree. While the Court retains jurisdiction to oversee

enforcement of the desegregation consent decree regardless of the

status of the plaintiffs who originally filed the desegregation lawsuit,

coercive relief to compel closure of a school based not on

segregation but on environmental safety concerns would require that

at least one of the Private Plaintiffs have standing to move for such

relief. And of course, it is unclear to the Court what the basis for

federal subject matter jurisdiction over a coercive claim to

immediately close the FWE school would be.

Footnote 3 of the 7/27/2023 Minute Entry states (emphasis added):

When the Court mentioned possible closure after the fall semester,

the School Board pointed out the likely disruption that would result

from a mid-school year closure/reassignment plan. While the Court

maintains that the safety of the children should be the paramount

concern of all involved, the possibility of disruption, which could

negatively impact some students (and their parents) more than

others, may cause the parents involved to oppose such an interim

plan. It is not permissible to have plaintiffs who are not

impacted by the problem at hand, and therefore are “plaintiffs”

in name only, seeking relief that may negatively impact parents

and children who are not parties to this case.

A follow-up telephone conference was scheduled for August 30, 2024, prior to

which the Court had hoped to receive a joint proposal from the parties to close FWE and

therefore moot the need for possible coercive relief.

No joint proposal to close FWE was received.

The August 30, 2023 follow-up telephone conference went forward but the parties

had not been able to agree to a joint proposal regarding the fate of FWE. (Rec. Doc. 204,

Minute Entry). The Court declined to schedule a follow-up conference because it was clear

that no joint proposal would be forthcoming and as of that time no motion for coercive relief

was pending.

It wasn’t until June 12, 2024, that the LDF filed the Motion for Further Relief,

Discovery, and Evidentiary Hearing and this triggered an in person status conference on

an expedited basis because the LDF wanted to close the FWE school prior to the start of

the 2024-25 school year. The in person status conference was held on June 20, 2024, but

the Court informed the parties that the school would not be closed prior to the start of the

school year because the start of school was fast-approaching.

The LDF attorneys had brought to the status conference what was characterized as

limited discovery directed at the issues raised in the Motion for Further Relief,

Discovery, and Evidentiary Hearing (neither the Court nor defense counsel had seen

these discovery requests prior to the status conference). The Court instructed the LDF’s

attorneys to proceed with serving their discovery requests on the defendants. (Rec. Doc.

222, Minute Entry). Defense counsel accepted service of the discovery requests at the

status conference as a courtesy to move things along. A follow-up telephone conference

was scheduled for August 1, 2024.5

The Court cancelled the August 1, 2024 follow-up phone conference when it

received a letter dated July 25, 2024 from the LDF’s counsel asking the Court to convert

the follow-up phone conference to an in person status conference and order the Board

members to attend in person because the Board had not responded to discovery requests

and seemed to possibly be “stonewalling these desegregation proceedings.” The Court did

not reset the follow-up telephone conference.

As it turns out, once the Board’s attorneys actually reviewed the discovery requests,

they determined that those discovery requests weren’t really limited and tailored to the

issues raised in the Motion for Further Relief, Discovery, and Evidentiary Hearing at

all, but instead were extremely broad and leaning toward “fishing” beyond the relief sought

in the pending motion.6

Shortly thereafter the LDF filed the Motion to Substitute Named Plaintiffs in

which the LDF is seeking to address the standing concerns noted in Footnotes 2 and 3 of

the July 27, 2023 Minute Entry quoted above, and in the Board’s opposition to the Motion

for Further Relief, Discovery, and Evidentiary Hearing. The LDF seeks to put an actual

plaintiff before the Court.

5 It has become apparent that both sides interpreted the Court’s instruction to the LDF at the June

20, 2024 status conference to proceed with serving its discovery as a directive from the Court

“authorizing” discovery in this case. This is not what the Court intended.

6 The Board has attached the LDF’s discovery to its opposition and asks the Court to rescind its

“authorization” to the LDF to proceed with discovery. The Court agrees that the scope of the LDF’s

discovery requests far exceeds the issues presented in the pending Motion for Further Relief,

Discovery, and Evidentiary Hearing. The discovery seeks information about compliance going

back to 1965 and 1992; the 30(b)(6) notice wants the Board to produce someone to testify about

any and all efforts in this desegregation case from 1963 to present; the LDF has noticed 15

depositions. At the oral argument the Court relieved the Board of any obligation to respond to the

LDF’s discovery request pending further orders of the Court.

II.

The relief that the LDF seeks on behalf of “Plaintiffs” in its Motion for Further

Relief, Discovery, and Evidentiary Hearing is for the Court to order the FWE school

closed and all of the students and staff reassigned to LaPlace Elementary.

According to the LDF: 334 students currently attend the FWE school; 77.2 % Black;

16.8 % Hispanic; 5.1% White. 79.6% of the faculty assigned to the school is Black. Very

few students live in the school’s neighborhood. Thus, FWE is not a neighborhood school

and many of the Black children who attend the school are bussed in from neighborhoods

that are closer to LaPlace Elementary. Even for the 25 students who do live a mile or less

from the Denka plant, the LDF contends that relocating them away from the plant during

school hours will reduce their exposure times.

The legal theory underlying the relief sought is that continuing to operate a school,

more specifically a predominately Black school, at the current location near the Denka

plant, violates the desegregation consent decrees/orders that were entered in the Harris

case and that remain in effect to this day. The LDF also claims that continuing to operate

the school at its current site violates “the plaintiffs’” constitutional rights. Specifically, due to

its proximity to the Denka plant, the FWE school constitutes an “inferior” and “unequal”

facility, and since “equalization” cannot be attained in light of the proximity to the Denka

plant, the school must be closed per the mandates of the consent decrees/orders entered

in Harris.

In response, the Board points out that the original (since 1952) all-Black school that

was on the site where FWE now sits was torn down and rebuilt in 1993. The Denka plant

was built in 1968 and so it actually pre-existed the new school being built on the old site.

The Board points out that all of this was done—meaning putting FWE at its current location

in proximity to Denka—with consent and under the auspices of the extant desegregation

orders with no issues raised until now. In fact, the Board points out that in 2017 it filed an

unopposed motion to reorganize the grade levels at FWE, which this Court granted and no

one raised any concerns with the Denka plant. The Board surmises that the LDF actually

has hidden motives to close not only the FWE school but also East St. John Preparatory

Academy, which shares the same attendance zone.

The Board argues that the Court lacks subject matter jurisdiction over the

environmental issues being raised because the prior Harris case was about de jure

segregation, not environmental issues. As the Board points out, the Denka plant was

constructed in 1968 which was several years after Harris was filed. Thus, the Board asks

how a new environmental issue could possibly be a vestige of the prior de jure segregated

school system that the Harris plaintiffs sought to dismantle? The Board argues that the

Court should not allow the LDF to raise environmental issues for the first time in a 61-year

old case whose purpose was to dismantle the prior de jure segregated school system.

For simplicity at this juncture, the Court assumes without deciding that the LDF has

accurately described the mandates of the desegregation consent decrees/orders entered

in response to the Harris litigation that remain in effect today. Since it appears to be

undisputed that the Board remains subject to the desegregation decrees/orders that were

entered over the years for the purpose of eliminating de jure segregation of the schools in

the parish, the Court will also assume without deciding that continuing to operate FWE at

its current situs, and busing minority students to attend school at FWE, constitutes

violations of the extant desegregation orders.

Based on the Board’s recent decision to close FWE prior to the start of the 2025-26

school year, the Court considers the relief sought in the LDF’s Motion for Further Relief,

Discovery, and Evidentiary Hearing to be moot. Whether the violation is characterized

simply as operating a predominately Black school at the FWE situs, or as busing minority

children away from their neighborhoods to attend school at the inferior FWE school, the

issue of those alleged violations is moot given the school’s imminent closure. Whether the

current reassignment plan, which includes East St. John Prepatory School (the LDF

wanted all of FWE’s students reassigned to LaPlace Elementary) is a problematic is not an

issue currently before the Court.

Even if some aspect of the LDF’s Motion for Further Relief, Discovery, and

Evidentiary Hearing survived mootness, the Court remains persuaded that it lacks

subject jurisdiction to proceed to act on the motion because the LDF filed the Motion for

Further Relief, Discovery, and Evidentiary Hearing without having an actual plaintiff

before the Court.

Federal courts are courts of limited subject matter jurisdiction with power restricted

by Article III of the Constitution to resolving disputes that constitute “Cases” and

“Controversies.” Food & Drug Admin. v. Alliance for Hippocratic Med., 602 U.S. 367, 378

(2024); Perez v. McCreary, Veselka, Bragg & Allen, P.C., 45 F.4th 816, 821 (5th Cir. 2022)

(citing U.S. Const. art. III, § 2; TransUnion, LLC v. Ramirez, 594 U.S. 413, 423 (2021);

Clapper v. Amnesty Int'l USA, 568 U.S. 398, 408 (2013); Lujan v. Defenders of Wildlife,

504 U.S. 555, 560–61 (1992)). A lawsuit is not a “Case[ ]” or “Controvers[y]” within the

subject matter jurisdiction of a federal court unless the plaintiff can prove that he has

standing to bring suit. Id. (citing Lujan, 504 U.S. at 560–61). To have standing to sue in

federal court, a plaintiff must show that he has suffered an injury “fairly traceable” to the

defendant’s conduct which the court's judgment would likely redress. Deanda v. Becerra,

96 F.4th 750, 755–56 (5th Cir. 2024) (citing Laufer v. Mann Hosp., L.L.C., 996 F.3d 269,

272 (5th Cir. 2021)); Clapper, 568 U.S. at 409.

Implicit in the requirements for Article III standing, which is necessary to subject

matter jurisdiction in federal court, is that there be a plaintiff on whose behalf relief is being

sought. The controlling jurisprudence mandates that the named plaintiff who brings the

lawsuit must have legal standing in order for a federal court to have subject matter

jurisdiction over the complaint, but that issue only arises when you have an actual person

as the party-plaintiff. Without an actual plaintiff involved there is no Article III case or

controversy and consequently no subject matter jurisdiction.

The LDF filed the Motion for Further Relief, Discovery, and Evidentiary Hearing

on behalf of “Plaintiffs,” who purport to be Hermon Harris, Jr. and his co-plaintiffs from the

original lawsuit filed in March 1963. (Rec. Doc. 220-1, Memorandum in Support at 2). But

neither Hermon Harris, Jr. nor any co-plaintiff of his from 1963, is actually before the Court

pursuing the relief prayed for. The Court is not persuaded that the LDF—which is a legal

non-profit organization that provides legal representation to aggrieved parties—it is not

itself an aggrieved party with a claim or injury of its own to pursue, has the authority to

seek coercive relief against the Board in the name of persons (Hermon Harris, Jr., et al.)

who obtained the relief that they sought decades ago but who are no longer before the

Court. If any of those original plaintiffs are alive and could be located, it is far from clear

that they would satisfy the requirements of Article III standing.

So the Board legitimately questions who the LDF is representing in the current

controversy and who authorized the LDF to move for relief in the name of the Harris

plaintiffs from 61 years ago to seek to close FWE. The Board finds this question

particularly puzzling because in 3 different community meetings held at the LDF’s behest

to discuss closing FWE, the Board states that there was near unanimous opposition from

the citizenry to the closure and relocation of FWE (the LDF disputes this statement). The

Board complains that it has no idea who the actual plaintiff is that it is having to litigate

against.

To the Court’s knowledge, desegregation cases do not present an exception to the

requirement for legal standing, which goes to subject matter jurisdiction in federal court.

There can be no legal standing without an actual plaintiff. The issue is not whether the

Harris plaintiffs from 1963 had legal standing to pursue the relief that they sought to obtain

61 years ago. Surely, they did. But the Harris plaintiffs are not before the Court at this time

so the issue of their standing to pursue the relief that they sought in 1963 is irrelevant to

the current matters pending in 2024. The fact that a desegregation order that remains

extant was entered in litigation that the Harris plaintiffs pursued 61 years ago does not

create a perpetual “nominal” plaintiff whose name a legal non-profit can invoke when trying

to obtain coercive relief in a federal court. It likewise does not create standing in perpetuity.

It is undisputed that the extant Harris orders and decrees continue to bind the Board, and

those orders continue to inure to the benefit of the school children in the parish. But when

coercive relief is sought in 2024 based on an alleged violation of those orders/decrees—

and to be sure the coercive relief being sought by the LDF is very specific—there must be

an actual plaintiff before the Court on whose behalf that relief is being sought and that

plaintiff must have standing. No plaintiff, means no standing and therefore no subject

matter jurisdiction in federal court.7

In sum, even if some aspect of the LDF’s Motion for Further Relief, Discovery,

and Evidentiary Hearing survived mootness following the Board’s recent decision to

close FWE, without a “real” plaintiff who has legal standing to pursue the relief being

sought, the Motion for Further Relief, Discovery, and Evidentiary Hearing must be

denied without prejudice.

Motion to Substitute Named Plaintiffs

After the Board filed its opposition to the Motion for Further Relief, Discovery,

and Evidentiary Hearing, which seized upon the doubts regarding standing that the Court

had raised in its July 27, 2023 Minute Entry, the Motion to Substitute Named Plaintiffs

was filed. This motion is clearly an attempt to bring an actual plaintiff before the Court,

which as explained above, is a required first step in satisfying the Article III standing

requirements necessary to subject matter jurisdiction in federal court. But none of the

persons who are seeking to join this lawsuit to prosecute the Motion for Further Relief,

Discovery, and Evidentiary Hearing have Article III standing because none of the

proposed plaintiffs have a particularized injury in fact attributable to the ongoing operation

of the FWE school sufficient to support standing.

These are the proposed new plaintiffs:

Ms. Green is Black and is the parent of a minor child who is Black

(S.N.), and who currently attends East St. John High School, which is

operated by the Defendants and located in St. John the Baptist Parish,

Louisiana ("St. John Parish"). Ms. Green herself attended Fifth Ward

Elementary in St. John Parish, as a child.

Ms. Smith is Black and is the parent of two minor children who are

7 The parties have gone down the proverbial rabbit hole over the question of whether the Harris

case was adjudicated as a pre-Rule 23 class action. The Court remains persuaded that the LDF

cannot pursue the relief it seeks in 2024 without having an actual plaintiff before the Court. The

question of class status in 1963 is not determinative.

Samoan American and Native American (B.F. and B.F.), and who both

currently attend Emily C. Watkins Elementary School, which is operated by

Defendants and located in St. John Parish, Louisiana. Previously,

Ms. Smith’s children attended Fifth Ward Elementary in St. John

Parish. Ms. Smith herself attended Fifth Ward Elementary in St. John

Parish, as a child.

Ms. Watkins is Black and is the great-grandparent and guardian of

a minor child who is Black (J.W.), and who currently attends East St. John

High School, which is operated by Defendants and located in St. John

Parish, Louisiana.

Movants are Black parents of minority schoolchildren currently

enrolled in schools operated by Defendants. Like the Original Plaintiffs,

Movants seek relief on their own behalf, on behalf of their minor children,

and on behalf of all other Black parents and children in St. John Parish,

Louisiana who are similarly situated and affected by the actions and

policies of Defendants. Movants are also citizens of the United States and

the State of Louisiana, and residents of St. John Parish, Louisiana.

To establish Article III standing, the plaintiff must show (i) that he suffered an

injury in fact that is concrete, particularized, and actual or imminent; (ii) that the injury

was likely caused by the defendant; and (iii) that the injury would likely be redressed by

judicial relief.” Perez, 45 F.4th at 821 (citing TransUnion, 594 U.S. at 423). Injury in fact

is the “[f]irst and foremost” of standing’s three elements. Spokeo, 578 U.S. at 338

(quoting Steel Co. v. Citizens for a Better Envir., 523 U.S. 83, 103 (1998)). To establish

injury in fact, a plaintiff must show that he suffered “an invasion of a legally protected

interest” that is “concrete and particularized” and “actual or imminent, not conjectural or

hypothetical.” Id. (citing Lujan, 504 U.S. at 560). A “concrete” injury must be “de facto,”

which means that it must actually exist. Id. (citing Black’s Law Dictionary 479 (9th ed.

2009)). For an injury to be “particularized,” it “must affect the plaintiff in a personal or

individual way.” Spokeo, 578 U.S. at 339 (quoting Lujan, 504 U.S. at 560).

Standing ensures that the plaintiff is not a mere bystander to the dispute but

instead has a “personal stake” in it. Alliance for Hippocratic Med., 602 U.S. at 379 (citing

TransUnion, 594 U.S. at 423). The standing doctrine serves to protect the “autonomy” of

those who are most directly affected so that they can decide whether and how to

challenge the defendant’s action. Id. at 379-80 (citing Valley Forge Christian College v.

Americans United for Separ. of Church & State, Inc., 454 U.S. 464, 473(1982)).

Further, the plaintiff must establish the elements of standing for each claim being

made and for each form of relief being sought. Perez, 45 F.4th at 821 (quoting

TransUnion, 594 U.S. at 431). For example, the plaintiff may have standing to pursue

damages (a remedy that constitutes compensation for injuries suffered in the past) but

not injunctive relief (a remedy that is prospective in nature) or vice versa. Perez, 45

F.4th at 824; see TransUnion, 594 U.S. at 431 (citing Davis, 554 U.S. at 734; Friends of

the Earth, Inc. v. Laidlaw Environ. Servs. (TOC), Inc., 528 U.S. 167, 185 (2000)). When

a plaintiff seeks prospective relief such as an injunction, the plaintiff must establish a

sufficient likelihood of future injury. Alliance for Hippocratic Med., 602 U.S. at 381 (citing

Clapper, 568 U.S. at 409).

None of the proposed plaintiffs have children that actually attend FWE school

and therefore can allege a particularized injury in fact from the Board’s ongoing

operation of the school. None of the proposed plaintiffs have children who are being

bused from their neighborhoods to the FWE school. That some of the parents are

themselves former students of the school does not give them a current injury in fact or

likelihood of future injury traceable to the Board’s ongoing operation of the school. That

they are Black and live in the parish is not enough because the injury in fact (which is

missing) must be particularized to the plaintiff. Merely being a parent or guardian of a

Black student in the parish is simply not enough to confer standing to seek an injunction

Page 16 of 18

to close the FWE school.

Assuming that there was a class certified in the 1960s with Mr. Harris as the lead

plaintiff, and assuming that every member of the class had standing in the 1960s, that

says nothing about whether the LDF’s new plaintiffs who want to join this lawsuit to

prosecute a claim for coercive relief have suffered in injury in fact particularized to them,

which is what standing requires. The relief being sought in 2024 is very specific. The

movant must have standing to sue for that relief, and the requirements of standing,

which go to subject matter jurisdiction, cannot be circumvented by filing a motion in a 61

year old lawsuit as opposed to filing a new lawsuit. The Court is not persuaded that

every Black citizen in the parish has Article III standing to ask a federal court to close

the FWE school and send its current student body to LaPlace Elementary.8

In sum, the Court denies the Motion to Substitute Named Plaintiffs because

the proposed new plaintiffs do not have legal standing to pursue the relief being sought.

Granting the motion would be futile.

Accordingly, and for the foregoing reasons;

IT IS ORDERED that the Motion to Substitute Named Plaintiffs is DENIED.

8 Both the problem with having no actual plaintiff and the standing problem for the proposed

plaintiffs is particularly glaring when considering the allegation that the continued operation of

FWE (and associated busing of students) is a violation of “the plaintiffs’” constitutional rights.

Only the person whose constitutional rights have been violated can seek redress in court to

vindicate that right—the claim is personal. The Article III standing requirements apply with equal

force to claims brought pursuant to 42 U.S.C. § 1983. Tenth Street Resid. Assoc. v. City of

Dallas, 968 F.3d 492, 503 (5th Cir. 2020) (citing United States v. Hays, 515 U.S. 737, 743

(1995); Warth v. Seldin, 422 U.S. 490, 514 1975)).

The LDF cannot seriously contend that the Harris plaintiffs from 61 years ago are having

their constitutional rights violated in 2024 by the ongoing operation of the FWE school. And the

Court is at a loss to understand how the continued operation of the FWE school and the busing

of other parents’ children to the school could possibly violate the constitutional rights of any of

the proposed plaintiffs who seek to substitute in as parties.

Page 17 of 18

IT IS FURTHER ORDERED that the Motion for Further Relief, Discovery, and

Evidentiary Hearing Motion for Further Relief, Discovery, and Evidentiary Hearing

is DENIED as moot, and alternatively DENIED without prejudice at this time because

the Court lacks subject mattetjurisdiction to proceed.

¢

November 18, 2024

JAY CTZAINEY

UNITED STATES DISTRICT JUDGE

Page 18 of 18

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.