Rebecca Henry, et al v. Clarksdale Muni Separate S, No. 17-60731 (5th Cir. 2018)
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Case: 17-60731 Document: 00514625005 Page: 1 Date Filed: 08/31/2018 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED 17-60731 Summary Calendar August 31, 2018 Lyle W. Cayce Clerk REBECCA E. HENRY; ELIZABETH HENRY; DOCTOR JIMMY WILEY; BEVERLY DAVIS; BARBARA RINGO; JOSEPHINE P. RHYMES; RENA BUTLER; JEFFREY GOODEN; CHUCK ESPY; ROBERT JACKSON Plaintiffs - Appellants v. CLARKSDALE MUNICIPAL SEPARATE SCHOOL DISTRICT Defendant - Appellee Appeals from the United States District Court for the Northern District of Mississippi USDC No. 2:64-CV-28 Before REAVLEY, JONES, and HIGGINSON, Circuit Judges. PER CURIAM:* The court has considered this appeal in light of the district court’s opinion denying a TRO and preliminary injunction request to stop the formation of a charter school. The plaintiffs contend the school, authorized by state law, must have the court’s approval pursuant to a longstanding desegregation decree covering the Clarksdale Municipal School District. Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 17-60731 Document: 00514625005 Page: 2 Date Filed: 08/31/2018 No. 17-60731 Appellants’ brief fails to grapple with several deficiencies found by the trial court, including the fact that necessary state party defendants were not joined in the litigation and that the school district, although a nominal defendant, is not adverse to their position and likewise vigorously disagrees with the charter school’s formation. (The district has not even filed a brief as “appellee.”) The district court also questioned whether plaintiffs had been injured so as to confer standing to object to the charter school and whether, in light of the absence of party defendants, they could obtain “redress” for standing purposes. The court’s other reasons for its order are immaterial here, because these deficiencies are dispositive. The judgment of the district court denying relief is AFFIRMED. Consequently, plaintiffs’ motions in this court for attorneys’ fees and “reactivation of the Bi-Racial Committee” in Clarksdale, Mississippi, are DENIED. 2
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