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DIAZ v. SAN JOSE UNIFIED SCHOOL DIST.

No. 81-4434.

733 F.2d 660 (1984)

Arnulfo M. DIAZ and Socorro Diaz, as the parents and next friends of Fernando Diaz, Miguel A. Diaz and Juan F. Diaz; Jose Vasquez, as the parent and next friend of David Vasquez, individually and on behalf of all other persons similarly situated, Plaintiffs-Appellants, v. SAN JOSE UNIFIED SCHOOL DISTRICT, Charles Knight, individually and as District Superintendent of the San Jose Unified School District; Neil H. Geier, Jr., Elizabeth J. Allen, Edwin P. Jones, Jr., Mary K. McCreath, and Donald L. Raimondi, individually and as members of the Board of Education of the San Jose Unified School District, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 17, 1984.

Attorney(s) appearing for the Case

Stephen Kociol, Community Legal Services, San Jose, Cal., for plaintiffs-appellants.

George Smith, Sunnyvale, Cal., for defendants-appellees.

Before BROWNING, Chief Judge, and CHOY, WALLACE, SNEED, TANG, SCHROEDER, FLETCHER, ALARCON, FERGUSON, NELSON and BOOCHEVER, Circuit Judges.

FLETCHER, Circuit Judge:

Plaintiffs, parents of all Spanish-surnamed children attending school in the San Jose Unified School District (the District), appeal the district court's ruling that the District did not act with segregative intent in maintaining ethnically imbalanced schools. After a careful review of the record, we conclude that the district court's finding that the defendants acted without segregative intent was clearly erroneous. Accordingly, we reverse...

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