1999 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

9-2-1999

Powell et.al v. Ridge, et. al.

Precedential or Non-Precedential:

Docket 98-2096

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_1999

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 1999 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"Powell et.al v. Ridge, et. al." (1999). 1999 Decisions. Paper 245.

http://digitalcommons.law.villanova.edu/thirdcircuit_1999/245
Filed September 2, 1999 

UNITED STATES COURT OF APPEALS 

FOR THE THIRD CIRCUIT 

No. 98-2096 

DAVID POWELL; SHELEAN PARKS; PATRICE EVERAGE; 

JULIA A. DAVIS; YVETTE BLAND; GERALDINE NEWTON; 

MARIA M. RIVERA; MARY E. MILLER; GREGORY LUZAK; 

CATHERINE LUZAK; FU-ZHEN XIE; THE BLACK CLERGY 

OF PHILADELPHIA AND VICINITY; PHILADELPHIA 

BRANCH NAACP; ASPIRA, INC. OF PENNSYLVANIA; 

PARENTS UNION FOR PUBLIC SCHOOLS; CITIZENS 

COMMITTEE ON PUBLIC EDUCATION IN PHILADELPHIA; 

PARENTS UNITED FOR BETTER SCHOOLS; DAVID W. 

HORNBECK, SUPERINTENDENT, The School District of 

Philadelphia; FLOYD W. ALSTON, PRESIDENT, Board of 

Education of the School District of Philadelphia; BOARD 

OF EDUCATION OF THE SCHOOL DISTRICT OF 

PHILADELPHIA; THE SCHOOL DISTRICT OF 

PHILADELPHIA; EDWARD G. RENDELL, MAYOR, 

City of Philadelphia; CITY OF PHILADELPHIA 

PHILADELPHIA FEDERATION OF TEACHERS LOCAL 3; 

TED KIRSCH, PRESIDENT, GUARDIAN AD LITEM, 

 Intervenors in D.C. 

v. 

THOMAS J. RIDGE, Governor of the Commonwealth of 

Pennsylvania; JAMES P. GALLAGHER, CHAIRPERSON, 

Commonwealth of Pennsylvania State Board of Education; 

EUGENE W. HICKOK, SECRETARY OF EDUCATION; 

BARBARA HAFER, TREASURER 

MATTHEW J. RYAN; ROBERT C. JUBELIRER; 

JESS M. STAIRS; JAMES J. RHOADES, 

 Intervenors in D.C. 
DAVID POWELL; SHELEAN PARKS; PATRICE EVERAGE; 

JULIA A. DAVIS; YVETTE BLAND; GERALDINE NEWTON; 

MARIA M. RIVERA; MARY E. MILLER; GREGORY LUZAK; 

CATHERINE LUZAK; FU-ZHEN XIE; THE BLACK CLERGY 

OF PHILADELPHIA AND VICINITY; PHILADELPHIA 

BRANCH NAACP; ASPIRA, INC. OF PENNSYLVANIA; 

PARENTS UNION FOR PUBLIC SCHOOLS; CITIZENS 

COMMITTEE ON PUBLIC EDUCATION IN PHILADELPHIA; 

PARENTS UNITED FOR BETTER SCHOOLS; DAVID W. 

HORNBECK; FLOYD W. ALSTON; BOARD OF EDUCATION 

OF THE SCHOOL DISTRICT OF PHILADELPHIA; THE 

SCHOOL DISTRICT OF PHILADELPHIA; EDWARD G. 

RENDELL; CITY OF PHILADELPHIA, 

 Appellants 

No. 98-2157 

DAVID POWELL; SHELEAN PARKS; PATRICE EVERAGE; 

JULIA A. DAVIS; YVETTE BLAND; GERALDINE NEWTON; 

MARIA M. RIVERA; MARY E. MILLER; GREGORY LUZAK; 

CATHERINE LUZAK; FU-ZHEN XIE; THE BLACK CLERGY 

OF PHILADELPHIA AND VICINITY; PHILADELPHIA 

BRANCH NAACP; ASPIRA, INC. OF PENNSYLVANIA; 

PARENTS UNION FOR PUBLIC SCHOOLS; CITIZENS 

COMMITTEE ON PUBLIC EDUCATION IN PHILADELPHIA; 

PARENTS UNITED FOR BETTER SCHOOLS, INC.; DAVID 

W. HORNBECK, SUPERINTENDENT, The School District 

of Philadelphia; FLOYD W. ALSTON, PRESIDENT, Board 

of Education of the School District of Philadelphia; 

BOARD OF EDUCATION OF THE SCHOOL DISTRICT OF 

PHILADELPHIA; THE SCHOOL DISTRICT OF 

PHILADELPHIA; EDWARD G. RENDELL, MAYOR, 

City of Philadelphia; CITY OF PHILADELPHIA 

PHILADELPHIA FEDERATION OF TEACHERS LOCAL 3; 

TED KIRSCH, PRESIDENT, GUARDIAN AD LITEM, 

 Intervenors in D.C., 

 Appellants 

v. 

 2 
THOMAS RIDGE, Governor of the Commonwealth of 

Pennsylvania; JAMES P. GALLAGHER, Chairperson 

Commonwealth of Pennsylvania State Board of Education; 

EUGENE W. HICKOK, Secretary of Education; 

BARBARA HAFER, Treasurer 

MATTHEW J. RYAN; ROBERT C. JUBELIRER; 

JESS M. STAIRS; JAMES J. RHOADES, 

 Intervenors in D.C. 

On Appeal from the United States District Court 

for the Eastern District of Pennsylvania 

(D. C. No. 98-cv-01223) 

District Judge: Hon. Herbert J. Hutton 

Before: SLOVITER and MANSMANN, Circuit Judges 

and WARD, District Judge* 

ORDER AMENDING OPINION 

It is ordered that the slip opinion in the above case, filed 

August 25, 1999, be amended as follows: 

 Page 3, line 20 which reads: 

Michael Churchill 

Public Interest Law Center of Philadelphia 

Philadelphia, PA 19107 

 should read: 

Michael Churchill 

Thomas K. Gilhool 

Public Interest Law Center of Philadelphia 

Philadelphia, PA 19107 

_________________________________________________________________ 

* Hon. Robert J. Ward, United States District Judge for the Southern 

District of New York, sitting by designation. 

 3 
 By the Court, 

 /s/ Dolores K. Sloviter 

 Circuit Judge 

Dated: September 2, 1999 

 4