“…discriminatory effects alone are insufficient to show discriminatory intentions.” (pp. 2-3)
“What’s missing are pleaded facts that show the intent to discriminate based on race, facts that show foul thoughts becoming harmful actions.” (p. 3)
Letting a doubtful case proceed is often the better course, but not where the governing law is clear and all the facts simply do not measure up.” (p. 3)
Pages 4-17 recites the allegations.
Page 17, Judge Marshall says “The Plaintiffs haven’t plausibly alleged that the State allowed more charters, mismanaged federal funds, or took over LRSD II for the purpose of discriminating on account of race[.]” They haven’t plausibly shown enough to warrant a full hearing and discovery. He references the 1982 deseg case to show how going into hearing/discovery could cost millions and take decades.
(In other words, he’s sniffed out that John Walker is trying to start this whole thing over again.)
Page 20, Judge Marshall says that math explains a lot of what Walker is saying is discriminatory intent.
Page 21, Judge Marshall says takeover could easily be explained as “a group of citizens with strong policy views – less public involvement and more private control – wanting a turn at putting their views into practice.
Page 23, “The takeover wasn’t graceful or perfect. Bureaucracies always lumber along. But the deviations Plaintiffs raise don’t make a racial motive plausible. The Board seems to have followed the proper administrative course, for example, in passing emergency regulations and following up with final ones.”
Page 25, “Former LRSD board members Springer and Ross allege that the State Board violated their due process rights by taking away their school board seats. NQ 6 at 65. But they had no legitimate claim of entitlement to them in the face of Ark. Code Ann.§ 6-15-430(a)(3) & (b)(9), which made the seats subject to a State takeover.”
Mentions Kurrus firing on page 29.