Third Party Intervention in Civil Rights Cases

• United States v. Territory of the Virgin Islands (3d Cir.) - Appellee
  • The district court did not abuse its discretion when it denied the motion to intervene on timeliness grounds and because the United States adequately represented the inmates' interests
  
   

  Document	Date
  Brief as Appellee	05/28/13

• United States v. New Orleans (5th Cir.) - Plaintiff/Appellee
  • The would-be intervenors have not met the criteria for intervention as of right
  • The district court did not abuse its discretion in denying their motions for permissive intervention
  
   

  Document	Date
  Brief as Appellee	02/19/13

• United States v. New Jersey (3d Cir.) - Appellee
  • The district court did not abuse its discretion in denying the motion for intervention
  • The court of appeals does not have jurisdiction to hear a challenge by nonparties to the district court's approval of the consent decree
  
   

  Document	Date
  Court of Appeals Decision, 2013 WL 2631549	06/13/13
  Brief as Appellee	01/23/13

• Benjamin v. Pennsylvania Department of Public Welfare (3d Cir.) – Amicus
  • Properly understood, Olmstead establishes community placement as the default for people for whom community placement is appropriate but who cannot express a preference either for or against community placement
  • The class certified in this case meets the requirements of Rule 23
  
   

  Document	Date
  Court of Appeals Decision, 701 F.3d 938	12/12/12
  Brief as Amicus	04/05/12

• United States v. New Jersey (3d Cir.) – Appellee
  • The district court did not err in denying intervention
  
  

  Document	Date
  Court of Appeals Decision, 373 F. App'x 216 (unpublished)	04/01/10
  Brief as Appellee [PDF]	11/18/09

• United States v. New York Board of Elections & Nassau County Board of Elections (2d Cir.) -- Appellee
  • The district court was well within its discretion in denying the County intervention and that the new facts that arose following the United States' motion to enforce did not establish that the County has a cognizable interest in the litigation or that the State cannot adequately represent those interests
  • Nassau County has not met the four factors required to obtain a stay pending appeal
  • Nassau is bound by the district court's finding and Nassau's previous position that HAVA requires the replacement of New York State's lever machines
  • HAVA clearly prohibits the type of lever voting machine Nassau County wants to use
  
   

  Document	Date
  Order Denying Stay, Affirming Injunction, and Disposing Appeal	09/07/10
  Brief as Appellee	08/16/10
  Response opposing motion for stay	07/01/10
  Court of Appeals Decision [PDF], (unpublished) available at 312 F. App'x 353	04/15/08
  Letter Brief as Appellee [PDF]	02/06/08

• Keys v. United States & Covington County School District (5th Cir.) -- Appellee
  • The district court did not abuse its discretion by ruling that appellants' motion to intervene was untimely
  • Even if appellants' motion to intervene were timely, the district court correctly concluded that appellants are not entitled to intervention as of right
  
   

  Document	Date
  Brief as Appellee [PDF]	02/16/07
  Court of Appeals Decision [PDF], reported at 499 F.3d 464	09/05/07

• Hollywood Community Synagogue & United States v. City of Hollywood (11th Cir.) -- Appellee
  • The district court did not err in denying appellants' motion to intervene
  • Appellants cannot challenge the entry of the consent decree on the ground that the district court should first have held a hearing
  
   

  Document	Date
  Brief as Appellee [PDF]	10/25/06
  Court of Appeals Decision, 254 F. App'x 769 (unpublished)	11/20/07

• United States v. Texas (5th Cir.) -- Appellee
  • The district court had jurisdiction over this controversy
  • The district court properly allowed Hearne Independent School District to intervene in this action
  • This court should affirm the district court's injunction against TEA
  • This court should affirm the district court's injunction against Mumford Independent School District
  
   

  Document	Date
  Brief as Appellee [PDF]	10/13/05
  Court of Appeals Decision [PDF], reported at 457 F.3d 472	07/24/06

• Graham & United States v. Evangeline Parish School Board (5th Cir.) -- Appellee
  • Because intervention was properly denied, the appeal should be dismissed for lack of appellate jurisdiction
  
   

  Document	Date
  Brief as Appellee [PDF]	10/21/04
  Court of Appeals Decision [PDF], 132 Fed. Appx. 507 (unpublished)	05/17/05

• United States v. City of Detroit (6th Cir.) -- Appellee
  • The district court correctly denied the Coalition's motion to intervene as of right
  • The Coalition is not entitled to permissive intervention
  
   

  Document	Date
  Brief as Appellee [PDF]	04/07/04
  Appeal dismissed	01/24/05

• Curry v. Macon County Bd. of Educ. (Clay County) & United States (11th Cir.) -- Intervenor/Appellee
  • The appeal should be dismissed for lack of appellate jurisdiction
  • Proposed Intervenors do not satisfy the criteria for intervention
  • The district court acted well within its discretion in approving the consent order without a hearing
  
   

  Document	Date
  United States' Opposition To Proposed Intervenors' Motion For A Stay Of Order Denying Intervention [PDF]	06/26/03
  Motion to Stay Denied	07/29/03
  Brief as Appellee [PDF]	12/23/03
  Dismissed for lack of jurisdiction	11/03/04

• United States v. Macon County Board of Education (11th Cir.) -- Appellee
  • Parent of former student has no right to appeal district court's approval of modification of a desegregation order
  • District court properly approved modification
  
   

  Document	Date
  Brief as Appellee [PDF]	12/13/01
  Dismissed for lack of standing	02/12/02

• United States v. Law School Admissions Council (3d Cir.) -- Appellee
  • Unsuccessful law school applicant properly denied intervention into case brought by United States to enforce ADA in admissions testing
  • Unsuccessful law school applicant properly denied intervention may not appeal from judgment in underlying case
  
   

  Document	Date
  Brief as Appellee 1st Appeal [PDF]	11/02/01
  Brief as Appellee 2d Appeal [PDF]	06/24/01
  Court of Appeals Decision, unreported, 48 Fed. Appx. 41	08/27/02

• United States v. City of Los Angeles (9th Cir.) -- Appellee
  • Community groups and private individuals are not entitled to intervene in a case in order to enforce the consent decree entered between the United States and the City of Los Angeles resolving allegations of systemic police misconduct
  
   

  Document	Date
  Brief as Appellee [HTML] [PDF]	07/27/01
  Court of Appeals decision [PDF], reported at 288 F.3d 391	04/22/02

• United States v. City of Los Angeles (9th Cir.) -- Appellee
  • Court of Appeals should deny the police union's motion for a stay pending its appeal of the district court's denial of its motion to intervene in the case between the United States and the City of Los Angeles regarding the operations of the Los Angeles Police Department
  • Police union was not entitled to intervene in case to challenge consent decree between the United States and City of Los Angeles to resolve allegations of systemic police misconduct when the consent decree imposed no obligations upon the union or its members and did not affect officers' collective bargaining rights
  
   

  Document	Date
  Opposition to Stay [HTML] [PDF]	03/22/01
  Court of Appeals denial of stay, unpublished	04/16/01
  Brief as Appellee [HTML] [PDF]	06/04/01
  Court of Appeals decision [PDF], reported at 288 F.3d 391	04/22/02

• Davis and United States v. City of Baker School Board (5th Cir.) -- Appellee
  • Newly-formed school district formerly part of district under desegregation order remains subject to the orders affecting the school system until it has met its burden of showing that its separation will not adversely affect desegregation
  
   

  Document	Date
  Brief as Appelle [HTML]  [PDF]	07/31/00
  Court of Appeals decision, unpublished	03/08/01

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