Lawyer says he will drop student-assignment
lawsuit against JCPS
Louisville attorney Teddy Gordon said Tuesday he will drop a lawsuit seeking to halt Jefferson County Public Schools’ new socioeconomic integration plan.
Gordon filed the suit in July on behalf of several parents who argued they were denied a school choice because of an unconstitutional use of race.He said he plans to ask U.S. District Judge John Heyburn for a dismissal by agreement with the school district because two of the plaintiffs were granted acceptable school transfers and the third decided to home-school their child.
“I can’t go forward without a plaintiff in good standing to pursue the case,” he said, adding that he wasn’t upset that he had to drop the case for now. “My job is to satisfy my clients, and I have achieved results in two of the three.”
He said he would likely accept future plaintiffs to continue his challenges, because in his view “the plan is still clearly unconstitutional.”
Frank Mellen, a district lawyer, said that Heyburn’s Aug. 4 rejection of Gordon’s injunction request, in which he ruled that the plaintiffs had failed to prove the plan relied too heavily on race or was unconstitutional, may have dissuaded the plaintiffs...