Fisher, et al v. Tucson Unified, et al
Plaintiff: Roy Fisher, Maria Mendoza, Josie Fisher and Edward A Contreras
Defendant: Tucson Unified School District
Intervenor_defendant: Sidney L Sutton, Sally J Sutton, John R Centeno, Mary Katherine Centeno, Librada G Ruiz and Sidney Taize
Intervenor_plaintiff: United States of America
Intervenor: Independent Citizens Committee
Case Number: 4:1974cv00090
Filed: May 24, 1974
Court: US District Court for the District of Arizona
Office: Tucson Division Office
County: Pima
Presiding Judge: David C Bury
Nature of Suit: Other Civil Rights
Cause of Action: 28:1331
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
August 14, 2020 Opinion or Order Filing 2509 ORDER the SY 2020-21 USP Budget (Doc. 2487 ) is approved by the Court, pursuant to the Report and Recommendation (Doc. 2499 ), which the Court adopts as its own. Signed by Senior Judge David C Bury on 8/14/2020. (See attached Order for complete details) (DLC)
July 31, 2020 Opinion or Order Filing 2502 ORDER the R&R (Doc. 2380 ) is adopted by the Court in part as described in this Order. The Motion to Strike (Doc. 2431 ) is DENIED. IT IS FURTHER ORDERED that all future compilations and filings of data, pursuant to Appendix I, USP § VI.G. a- b, shall be as described in this Order, including In-school Discipline being broken down to reflect PIC data. IT IS FURTHER ORDERED that the Student Relations Department shall be responsible for obtaining complete data as described in this Or der, including all data and information necessary to complete every SAP, without there being any missing data or information, and prepare annual SAPs for each school for SY 2020-21. IT IS FURTHER ORDERED that the District shall provide a status r eport for SAPs in all future DARs. IT IS FURTHER ORDERED that the 2019-20 DAR shall include the Inventory for Structural and Foundational Prerequisites for USP § VI, Discipline. Signed by Senior Judge David C Bury on 7/30/2020. (See attached Order for complete details) (DLC)
July 16, 2020 Opinion or Order Filing 2497 ORDER The Second Supplemental Notices of Compliance Re: the December 1, 2018 USP Benchmarks set by this Court in the September 9, 2018 Order are approved, except as specified. IT IS FURTHER ORDERED that the Report and Recommendation Re: Support for Beginning Teachers (Doc. 2346 ) is moot. The Second Supplemental Notice of Compliance: Beginning Teachers at Underperforming and Racially Concentrated Schools (Doc. 2327 ) is approved except as specified. IT IS FURTHER ORDERED that the Report and R ecommendation Re: Teacher Diversity Plan, Retention, and GYO Programs ( 2372 / 2392 ) is adopted in all parts, except the Court declines to formally adopt alternative standards for measuring staff diversity. The Second Supplemental Notice of Complian ce: Diversity Plan and GYO Programs (Doc. 2329 ) is approved, except as specified. IT IS FURTHER ORDERED that the Report and Recommendation Re: Inclusive School Environments and Civility (Doc. 2377 ) is adopted, except the Court does not reach the merits of whether unitary status should be granted. The Second Supplemental Notice of Compliance: Inclusive School Environments/Cultures of Civility (Doc. 2328 ) is approved. IT IS FURTHER ORDERED that the Report and Recommendation Re: Professional Learning for Technology (Doc. 2375 ) is adopted by the Court. The Second Supplemental Notice of Compliance: Professional Learning Plan for Teacher Proficiency Using Technology (Doc. 2330 ) is approved. The Motion to Strike (Doc. 2433 ) is DENIED. IT IS FURTHER ORDERED that all filings necessary to comply with the directives of this Order shall be made within 30 days of the filing date of this Order. Signed by Senior Judge David C Bury on 7/15/2020. (See attached Order for complete details) (DLC)
July 1, 2020 Opinion or Order Filing 2492 ORDERED that the Court adopts the Special Master's recommendations (Doc. 2412 ) that the District develop a Protocol, as described herein, for future budgetary processes, including those relevant to the annual MSP process and the SY 2020-21 Bud get. IT IS FURTHER ORDERED that the Court adopts the Special Master's recommendation (R&R (Doc. 2444 )), to find that the District sufficiently funded the Transition Plans and improvements related to underperforming schools in SY 2019-20. Signed by Senior Judge David C Bury on 6/29/20. (See attached Order for complete details.) (MYE)
June 15, 2020 Opinion or Order Filing 2474 ORDER the Report and Recommendation (Doc. 2376 ) is adopted in part as described herein. The ALE Policy Manual shall be revised for clarification as directed herein and shall be refiled within 21 days of the filing date of this Order. IT IS FURTH ER ORDERED that the Motion to Strike the Notice of Compliance with the R&R (Doc. 2432 ) is DENIED, but alternatively the request for consideration of objections is GRANTED, with such consideration to be made in the context of the Court's determination of unitary status.. Signed by Senior Judge David C Bury on 6/12/2020. (See attached Order for complete details) (DLC)
February 6, 2020 Opinion or Order Filing 2428 ORDERED that the NARA (Doc. 2373 ) is approved for the reopening of Wakefield school, as recommended by the Special Master and in accordance with the directives in this Order. It is further ordered that the Report and Recommendation (Doc. 2418 and 2394 ) is adopted for TUSD to reopen Wakefield school as a lab-school. It is further ordered that student teachers at Wakefield, who lack teaching certificates, shall not be charged with providing primary instruction without direct supervision from Master Teachers; Master Teachers will not be recruited from racially concentrated or under performing schools, and the District and the Special Master shall conduct the requisite review and the Special Master shall file the R&R in accordance with the directives of this Order and the Court's prior Order (Doc. 2272 ) within 30 days of the filing date of this Order. Signed by Senior Judge David C Bury on 2/6/2020. (SEE ORDER FOR COMPLETE DETAILS) (ARC)
December 3, 2019 Opinion or Order Filing 2386 ORDERED that, pursuant to ongoing monitoring of school websites every semester, the Court finds the District is in full compliance with the directives of this Court to update the school websites for FACE. Ordered that the 2366 , 2371 Report and Recommendation to delay consideration of the FACE Plan is adopted by the Court. Signed by Senior Judge David C Bury on 12/2/2019. (SEE ORDER FOR COMPLETE DETAILS.)(BAR)
November 18, 2019 Opinion or Order Filing 2364 ORDER ADOPTING REPORT AND RECOMMENDATION re: 2351 Report and Recommendation - Special Master. It is further ordered that within 14 days of the filing date of this Order the District shall file a Supplement to its Analysis of Extra-Curricular P articipation in District Schools identifying the target schools with lower socioeconomic status which are Racially Concentrated schools, identifying the extracurricular activities and strategies being implemented at these schools to increase partici pation, and provide corresponding status reports for these Racially Concentrated schools, including the base-line data for the schools. The District shall include reporting on these schools and efforts in future District Annual Reports (DARs). It is further ordered that the District shall use the format for gathering and reporting individual school data for all extracurricular activities at all schools as recommended by the Special Master. Signed by Senior Judge David C Bury on 11/15/2019. (BAR)
November 6, 2019 Opinion or Order Filing 2359 ORDERED that the 2347 Report and Recommendation - Special Master is adopted in part and denied in part. It is ordered that within 30 days of the filing date of this Order, the District shall file the AASSD and MASSD plans, developed pursuant to this Order. The parties may file Objections within 14 days. The Special Master may file a Report and Recommendation in reply within 7 days of any Objection. Signed by Senior Judge David C Bury on 11/5/2019. (BAR)
October 30, 2019 Opinion or Order Filing 2349 ORDERED that the 2339 REPORT AND RECOMMENDATION is adopted; the Court approves the 2019-20 budget for Reading Recovery. It is further ordered that the 2337 REPORT AND RECOMMENDATION is adopted; the parties and the Special Master shall underta ke discussions to resolve 910G budget ratio issues and by December 1, 2019, the District shall file a Notice of Compliance Re: Guide for 910G Funding for Future Budgets. Ordered that the Special Master's 2338 Motion for Extension of Time to submit his Report and Recommendation related to the Districts Transition Plan Schools is granted for 10 days or until November 4, 2019. Signed by Senior Judge David C Bury on 10/28/2019. (SEE ORDER FOR FURTHER INFORMATION.) (BAR)
September 10, 2019 Opinion or Order Filing 2273 ORDERED adopting in part as described herein the Special Master's Report and Recommendations (Docs. 2251 , 2252 , 2253 , 2254 ) for the May 2019 Supplemental Notices of Compliance. IT IS FURTHER ORDERED that within 30 days of the filing dat e of this Order, the District shall make the revisions described herein and file Second Supplemental Notices of Compliance. IT IS FURTHER ORDERED that all plan and program documents required pursuant to USP provisions and Orders from this Court shall be published by the District on the TUSD website and kept updated. Signed by Senior Judge David C Bury on 9/9/2019. (SEE ORDER FOR COMPLETE DETAILS) (ARC)
February 26, 2019 Opinion or Order Filing 2205 ORDERED that the Court adopts the Special Masters 2184 Report and Recommendation Re: Borton Elementary and Booth-Fickett K-8; these schools shall retain magnet status. It is further ordered that the Court adopts the Special Masters 2190 Repo rt and Recommendation Re: Drachman Montessori and Roskruge K-8; these schools shall retain magnet status, except Roskruge K-8 may be terminated as a magnet school at the discretion of the District. Termination of magnet status does not end the directives contained in this Order for Roskruge. Signed by Senior Judge David C Bury on 2/26/2019. (SEE ORDER FOR FURTHER DETAILS.)(BAR)
December 6, 2018 Opinion or Order Filing 2158 ORDERED that the recommendations contained in the Report 2147 filed by the Special Master on November 15, 2018 are adopted in their entirety except for Step 3. Signed by Senior Judge David C Bury on 12/6/2018. (SEE ORDER FOR COMPLETE DETAILS.) (BAR)
September 6, 2018 Opinion or Order Filing 2123 ORDER, pursuant to 2016-17 SMAR (Doc. 2096 ), unitary status is GRANTED IN PART AND DENIED IN PART. The motions to strike (Docs. 2112 and 2114 ) are DENIED. Signed by Senior Judge David C Bury on 9/5/18. (See attached PDF for complete information.) (KAH)
November 8, 2017 Opinion or Order Filing 2086 It is ORDERED that the 2070 Report and Recommendation is adopted, and further ordered that the 2020 Report and Recommendation is moot. Signed by Senior Judge David C Bury on 11/7/2017. (SEE PDF DOCUMENT FOR COMPLETE DETAILS.)(BAR)
October 24, 2017 Opinion or Order Filing 2084 ORDER: The Court ADOPTS the ALE Action Plan (Doc. 1645 -2), Ex. A, and Supplement (Doc. 1788 ). The Court ADOPTS IN PART the Special Master's Report and Recommendation (Doc. 2041 ) as follows in the attached Order. IT IS FURTHER ORDERED STRIK ING the ALE section in the "Analysis of Compliance with Unitary Status Plan: An Annex to the District Annual Report for SY 16-17." (Doc. 2075 ). Within 60 days of the filing date of this Order, the District shall file a Revised ALE section to the "Analysis of Compliance with Unitary Status Plan: An Annex to the District Annual Report for SY 16-17." By February 1, 2018, the Special Master shall file a Report and Recommendation (R&R) to the Revised ALE section. Signed by Senior Judge David C Bury on 10/24/2017. (See Order for complete details) (DPS)
August 15, 2017 Opinion or Order Filing 2050 ORDER ADOPTING REPORT AND RECOMMENDATION re: 2026 Report and Recommendation. Further ordered that approving the Special Masters recommendation to address the 2015-16 SMAR Objections in the SY 2016-17 annual reports. Signed by Senior Judge David C Bury on 8/15/2017. (BAR)
May 17, 2017 Opinion or Order Filing 2023 ORDER adopting the Special Master's recommendation (Doc. 2021 ) to defer action on the Motion for Partial Unitary Status (Doc. 2005 ) and DENYING IT AS MOOT; that the Special Master's Motion for Extension of Time to Respond (Doc. 2019 ) is DENIED AS MOOT; and that within seven days of the filing date of this Order, the Special Master shall file the deadline for filing the his SY 2015-2016 Annual Report. (see PDF for additional information) Signed by Senior Judge David C Bury on 5/17/2017. (SIB)
April 11, 2017 Opinion or Order Filing 2011 ORDERED that the 2008 Report and Recommendation is approved and adopted by the Court. Signed by Senior Judge David C Bury on 4/10/2017. (BAR)
March 13, 2017 Opinion or Order Filing 1996 ORDERED that the Report and Recommendations 1987 , 1988 are adopted by the Court. Signed by Senior Judge David C Bury on 3/10/2017. (SEE ORDER FOR COMPLETE DETAILS.)(BAR)
December 27, 2016 Opinion or Order Filing 1982 ORDERED that the Special Master's Report and Recommendations 1925 and supplemental R&R 1941 is adopted by the Court and for those reasons stated in the R&Rs, the Court rejects the Mendoza Plaintiffs request for a finding of non-compliance regarding implementation of CRC. Signed by Senior Judge David C Bury on 12/27/2016. (SEE ORDER FOR COMPLETE DETAILS.)(BAR)
December 22, 2016 Opinion or Order Filing 1980 Ordered that the Reports and Recommendations addressing withdrawal of magnet status, 1956 , 1971 and 1974 are adopted by the Court. Signed by Senior Judge David C Bury on 12/22/2016. (SEE ATTACHED ORDER FOR COMPLETE DETAILS.)(BAR)
June 6, 2016 Opinion or Order Filing 1939 ORDER, it is ordered that the Court adopts the Special Masters recommendation (Docs. 1933 , 1936 , 1937 ) and approves the addition of grades six through eight at Borman Elementary School. Signed by Senior Judge David C Bury on 6/6/2016. (SIB)
March 28, 2016 Opinion or Order Filing 1914 ORDER adopting the 1913 Report and Recommendation of the Special Master set out in his Report and Recommendation. Signed by Senior Judge David C Bury on 3/25/2016. (SEE ORDER FOR DETAILS.)(BAR)
March 8, 2016 Opinion or Order Filing 1909 ORDERED that the 1884 Report and Recommendation is adopted in part and rejected in part. Further ordered that the NARA (1869) is approved in part as to the reconfiguration of Drachman K-6 to a K-8 school. It is further ordered that the NARA (18 69) is not approved in part as for TUSDs plan to reconfigure Borman K-5 to a K-8 school. It is further ordered that the NARA is not approved to reconfigure Fruchthendler and Collier elementary schools to add the 6th grade and to add a middle school (7th and 8th grades) at Sabino High School. The Court approves the NARA in respect to TUSDs plan to add express bussing and the AVID and AP programs at Magee Middle School and Advanced Learning Experiences (ALEs) such as GATE and pre-AP classes. Signed by Senior Judge David C Bury on 3/8/2016.(BAR)
January 27, 2016 Opinion or Order Filing 1894 ORDER ADOPTING IN PART REPORT AND RECOMMENDATION 1845 as stated in Order. IT IS FURTHER ORDERED the docket shall reflect that R&R 1836 is not pending because it was replaced by R&R 1845 . TUSD shall undertake further review and evaluation of t he adequacy of these weights. IT IS FURTHER ORDERED denying TUSD's request to strike portions of the Special Master's R&R, and therefore, the Motion to Strike 1855 filed by the Plaintiffs Mendoza is DENIED AS MOOT. Signed by Senior Judge David C Bury on 1/26/2016. (SEE ORDER FOR COMPLETE DETAILS) (DPS)
November 19, 2015 Opinion or Order Filing 1870 ORDER adopting the Special Master's 1825 Report and Recommendation re: the Revised CMP and adopting the Revised CMP as recommended by the Special Master. Further ordered adopting the 1864 Report and Recommendation re Stipulation (Second) Regarding Magnet School Enrollment Data and Magnet School Supplemented Improvement Plans and adopting the Stipulation as recommended by the Special Master. Further ordered that the First Stipulation is moot, and denying the 1846 Motion for Hearing. Signed by Senior Judge David C Bury on 11/19/2015. (SEE ORDER FOR COMPLETE DETAILS.)(BAR)
September 1, 2015 Opinion or Order Filing 1838 ORDERED that the 1834 Report and Recommendation to approve the Notice and Request for Approval (NARA) is adopted and the Sale of the Townsend Property by TUSD is approved. Signed by Senior Judge David C Bury on 9/1/2015. (BAR)
July 14, 2015 Opinion or Order Filing 1826 ORDER ADOPTING REPORT AND RECOMMENDATION. It is ordered adopting the 1821 Report and Recommendation to Approve the NARA for Sale of the Van Horne Property by TUSD. Signed by Senior Judge David C Bury on 7/13/2015. (BAR)
June 12, 2015 Opinion or Order Filing 1809 ORDERED that the NARA to add two portable buildings at Dietz K-8 School is approved. Further ordered that the Special Master's 1805 Report and Recommendation is adopted. Signed by Senior Judge David C Bury on 6/11/2015.(See Attached Order for Further Details).(BAR)
February 13, 2015 Opinion or Order Filing 1771 ORDER ADOPTING IN PART AND REJECTED IN PART THE SPECIAL MASTER'S REPORT AND RECOMMENDATION, 1645 Report and Recommendation. Plaintiffs and the Special Master may file objections within 14 days of the filing date of the Supplement ALE Action Plan. TUSD may file a Reply within 7 days of the filing date of any Objection. Signed by Senior Judge David C Bury on 2/13/2015. SEE ORDER FOR DETAILS.(BAR)
January 30, 2015 Opinion or Order Filing 1760 ORDERED that the Court adopts the recommendation contained in R&R 1659 , 1666 that, within 20 days of the filing date of this Order, TUSD shall provide the Plaintiffs and Special Master with Teacher and Principal Evaluation Action Plans. Signed by Senior Judge David C Bury on 1/28/2015. SEE ORDER FOR FURTHER DETAILS. (BAR)
August 28, 2014 Opinion or Order Filing 1660 ORDERED that the 1601 Report and Recommendation is adopted in part in respect to the recommendation to approve the Boundary Review Process. The R&R is moot in all other parts. Further ordered that the recommendation in the Special Masters First Annual Report on the Status of Progress in Implementing the Unitary Status Plan for the Tucson Unified School District is moot. Signed by Senior Judge David C Bury on 8/27/2014. (See Order for Further Details.) (BAR)
August 21, 2014 Opinion or Order Filing 1651 ORDER ADOPTING REPORT AND RECOMMENDATION (Doc. 1612 ) in part s to the limited use for the LMA. TUSD to file reply to the Mendoza Plaintiffs' Objection to omissions in the R&R (Doc. 1612) within 21 days. TUSD shall have 21 days to revise the ORR Plan to conform to the findings and directives of the Court. Any objection may be filed within 14 days of the filing of the revised ORR. Signed by Senior Judge David C Bury on 8/20/14. (SMBE)
December 16, 2013 Opinion or Order Filing 1520 ORDER ADOPTING 1519 Report and Recommendation - Special Master - RE: UHS Admission Process Revision, filed by Willis Hawley. By January 15, 2014, the District shall develop student essay questions and non-cognitive measures. the District shall comply with the Special Masters recommendations. The Districts Request for Authorization to Respond to the R&R of the Special Master Re: UHS Admissions and for Oral Argument (Doc. 1504) is DENIED. Objection and Response to Special Masters Report and Recommendations Regarding University High School (Doc. 1518), which exceeds, without leave, the 17-page limit for memorandum is STRICKEN.. Signed by Senior Judge David C Bury on 12/16/13. (SMBE)
December 2, 2013 Opinion or Order Filing 1511 ORDER ADOPTING REPORT AND RECOMMENDATION. 1509 Report and Recommendation - Special Master, filed by Willis Hawley. Within 60 days of the end of this academic year, the Special Master shall file a Supplemental Report & Recommendation and revisit each of the Fisher Plaintiffs objections. Signed by Senior Judge David C Bury on 11/20/13. (SMBE)
September 14, 2011 Opinion or Order Filing 1320 ORDER DENYING 1319 Request for Status Conference; DENYING 1313 Request for Settlement Conference or Appointment of Mediator; DENYING 1312 Request for Status Conference.Within 5 days,any party objecting to the appointment of a Special Master in this case shall file an Objection.Any Response due within 5 days. There will be no Replies. Within 20 days, parties shall file a Joint Memorandum that identifies the Special Master stipulated to by the parties. Within 30 days,parties shall joi ntly prepare and file a proposed form of Order for the appointment of the Special Master. Within 30 days, parties shall prepare/file memoranda re:appropriateness of partial judicial withdrawal and memoranda regarding the adequacy of the PUSP. Within 10 days,the Plaintiff-Intervenor shall file the brief requested by the Court.(See attached pdf for complete information). Signed by Judge David C Bury on 9/13/11. (SMBE)
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Search for this case: Fisher, et al v. Tucson Unified, et al
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Plaintiff: Roy Fisher
Represented By: Cynthia Valenzuela Dixon
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Plaintiff: Maria Mendoza
Represented By: Cynthia Valenzuela Dixon
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Plaintiff: Josie Fisher
Represented By: Cynthia Valenzuela Dixon
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Plaintiff: Edward A Contreras
Represented By: Cynthia Valenzuela Dixon
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Intervenor_defendant: Sidney L Sutton
Represented By: Edmund D Kahn
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Intervenor_defendant: Sally J Sutton
Represented By: Edmund D Kahn
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Intervenor_defendant: John R Centeno
Represented By: Edmund D Kahn
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Intervenor_defendant: Mary Katherine Centeno
Represented By: Edmund D Kahn
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Intervenor_defendant: Librada G Ruiz
Represented By: Edmund D Kahn
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Intervenor_defendant: Sidney Taize
Represented By: Edmund D Kahn
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Intervenor_plaintiff: United States of America
Represented By: John Roy Moore
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Defendant: Tucson Unified School District
Represented By: Heather Kendra Gaines
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Intervenor: Independent Citizens Committee
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