United States District Court for the Middle District of Georgia, Thomasville Division
This class action was brought in an attempt to end alleged racial segregation on behalf of all similarly situated students of African-American descent. After several years of discovery and pre-trial proceedings, in July of 2003 the case was heard by the Honorable Clay D. Land at a bench trial. The District Court found against the plaintiffs on the issues of unitary status and ability grouping practices but declined to award costs to the School District, as prevailing party, as permitted by Federal Rule of Civil Procedure 54. The plaintiffs appealed the District Court's ruling to the 11th Circuit Court of Appeals. On appeal the 11th Circuit upheld most of the District Court's findings and conclusion of unitary status but reversed the District Court's finding with respect to the ability grouping system used by the School District to assign students to classrooms. The 11th Circuit also instructed the District Court to state its reason for declining to award costs to the School District. On remand, the District Court found that the ability grouping system was constitutional and that it erred in originally not awarding costs to the School District. Plaintiffs are appealing the ability grouping determination to the 11th Circuit. The District Court has ordered that taxation of costs in this matter shall be deferred until the 11th Circuit has ruled on Plaintiffs' appeal, since the 11th Circuit's decision could affect the decision on costs. Plaintiffs are represented by the Lawyers Committee for Civil Rights Under Law and by the firm of Dorsey and Whitney of Minneapolis.
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