Opinion

Los Angeles Branch Naacp v. Los Angeles Unified School District

  • 750 F.2d 731
Court
Court of Appeals for the Ninth Circuit
Filed
Feb 21, 1985
Status
Published
Author
Pregerson
On the bench
Canby, Poole, Browning, Choy, Wallace, Sneed, Anderson, Pregerson, Nelson, Can-By, Boochever, Norris
Cited by
111 cases

holding that the operative complaint frames the scope of the pleading which 19 be barred by res judicata, unless a supplemental pleading is filed bringing in events 20 || outside the scope

How later courts described this case

  • holding that the operative complaint frames the scope of the pleading which 19 be barred by res judicata, unless a supplemental pleading is filed bringing in events 20 || outside the scope
  • observing that with respect to res judicata, “the 11 scope of litigation is framed by the complaint at the time it is filed” and that “[t]he rule that a 12 judgment is conclusive as to every matter that might have been litigated does not apply to new 13 rights acquired pending the action which might have been, but which were not, required to be 14 litigated.”
  • holding that claim preclusion barred segregation claims for acts occurring before prior lawsuit, but did not bar claims for acts occurring after prior lawsuit
  • noting that res judicata would encompass acts “occurring prior to the commencement” of the prior litigation

Written by the judges who cited it.

The opinion

PREGERSON, Circuit Judge,

concurring; NELSON, Circuit Judge, joining:

I wholeheartedly concur with both the reasoning and result of Judge Canby’s scholarly opinion and add these observations.

The court’s opinion is an important milestone in the long struggle to achieve equality for the schoolchildren of Los Angeles.

Our decision gives plaintiffs the opportunity to prove that, after May 2, 1969, the school district intentionally discriminated against black pupils. Of course, the decision does not permit plaintiffs to establish that de jure segregation existed before this date. But nothing in our opinion prevents them from offering, for the purpose of shedding light on the school district’s intent after May 2, 1969, evidence of de jure acts that occurred before then.

Fifteen years ago, Los Angeles Superior Court Judge Alfred Gitelson rendered his courageous decision finding that Los Angeles maintained a segregated school system. Six years ago, Los Angeles Superior Court Judge Paul Egly dedicated the remainder of his judicial career to fashioning a just and workable remedy. Somehow, their efforts were thwarted. But today, we have opened the doors to a United States Courthouse and made it possible for a federal district judge to address the vital social issues this case presents.

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.

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