DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
163437P.pdf 07/05/2018 Ken Ross, Jr. v. Special Administrative Board
U.S. Court of Appeals Case No: 16-3437
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Colloton, Author, with Benton and Kelly, Circuit Judges]
Civil case- St. Louis School Desegregation Case. Plaintiffs alleged the
State of Missouri was reallocating certain tax proceeds to St. Louis
charter school in violation of the 1999 Desegregation Settlement
Agreement, and charter school parents sought leave to intervene in the
matter; the district court denied the motion to intervene on the grounds
that the parents lacked an injury in fact as required to establish
standing to intervene; the district court erred in so concluding, as the
parents' pleading allege the charter schools will suffer a loss of funding
and a decline in funding if the plaintiffs prevail; if plaintiffs are
successful, tens of millions of dollars could be transferred from the
charter schools, and such an injury is neither conjectural nor
hypothetical and is sufficiently imminent to constitute an injury in fact;
further, the charter parents have establish that their injury is fairly
traceable to the challenged conduct of the State of Missouri and that
their injury is likely to be redressed by a favorable decision; the matter
is reversed and remanded to the district court to permit it to determine
in the first instance whether the charter parents meet the requirements
under Fed. R. Civ. P. 24 for intervention as of right or for permissive
intervention.