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SCOTT M. MATHESON, JR.
United States Attorney, 4714
JOSEPH W. ANDERSON
Assistant United States Attorney, 0097
Attorneys for the United States of America
Room 478 United States Courthouse
350 South Main Street
Salt Lake City, Utah 84101

LAWRENCE R. BACA
Attorney for Plaintiff-Intervenor, 16783
United States of America
P.O. Box 65958
Washington, D.C. 20035-5958
Telephone: (202) 514-3874

                      IN THE UNITED STATES DISTRICT COURT

                      DISTRICT OF UTAH, CENTRAL DIVISION

                                                                  LYNETTE
MEYERS, by and through  :
her natural mother and general  
guardian Lena Meyers, LENA      :
MEYERS; MELVIN HOLGATE and      
EUGENE HOLGATE, by and through  :
their natural father, JAMIE R.  
HOLGATE; LEONARDO BOB MANHEIMER,:
by and through his natural      
parents, LEO MANHEIMER AND SARAH:
MANHEIMER; LEONORA MANHEIMER;   
ROSITA JOHNSON, by and through  :
her natural father, ROBERT      
JOHNSON; and THE NAVAJO NATION, :
                                
               Plaintiffs,      :     Case No. 93-C-1080-J
                                
and                             :
                                
THE UNITED STATES OF AMERICA,   :     COMPLAINT-IN-INTERVENTION
     Plaintiff-Intervenor,      
                                :
     vs.                        
                                :
BOARD OF EDUCATION OF THE SAN    
JUAN COUNTY SCHOOL DISTRICT,    :
et. al.,                        
                                :     Judge Bruce K. Jenkins
               Defendants,      
The United States of America alleges that:

1. This is a Complaint-In-Intervention filed by the United States under Section 902 of the Civil Rights Act of 1964 (42 U.S.C. .2000h-2), and Rules 24(a)(1), 24(a)(2) and 24(b)(2) of the Federal Rules of Civil Procedure.

2. On December 3, 1993, the plaintiffs filed a complaint in this case seeking injunctive relief against conduct of the defendants which allegedly deprived them of rights secured by the Fifth and Fourteenth Amendments to the Constitution and 42 U.S.C. ..1981, 1983, 2000(d).

3. This Complaint-In-Intervention is timely.

4. Individual plaintiffs are members of the Navajo and Ute Tribes of Indians and all are citizens of the United States and of the State of Utah.

5. Plaintiff Navajo Nation is an Indian Tribe whose members are all citizens of the United States and is participating here to protect the interests of its members who are also residents and citizens of the State of Utah.

6. Jurisdiction over the original complaint arises under 28 U.S.C. ..1331, 1343(a)(3), 1367, and 1391. Jurisdiction over this complaint-in-intervention arises additionally under 28 U.S.C. .1345 and 42 U.S.C. .2000h-2.

7. Defendant Board of Education of the San Juan County School District (hereafter, the "Board of Education" or the "Board") is a body public as provided under .53A-3-401 of the Utah State Code and is responsible for the administration the system of public education in San Juan County, Utah.

8. Defendant Jerald Mikesell is the Superintendent of the San Juan County School District and is responsible for the day- to-day administration of the School District, pursuant to .53A-3- 301 of the Utah State Code. He is sued in his official capacity.

9. Defendants Bill Todachennie, President of the School Board, Pete Black, Vice President of the School Board, Preston Nielson, Neal Crank, and Paul Mantz, members of the School Board, are responsible for the management, control, and operation of the School District, pursuant to .53A-3-402 of the Utah State Code. Each is sued in his official capacity.

10. Each of the individual defendants named in paragraphs 9 and 10 reside within San Juan County, State of Utah.

11. Defendants have engaged in discrimination on the basis of race by maintaining a policy of failing to provide an equal educational opportunity for the secondary school age residents of the Navajo Mountain portion of the school district, all of whom are American Indians, by failing and by refusing to provide a secondary school reasonably located to their place of residence as is done for all white students residing in the district.

12. Defendants have engaged in acts and practices which have denied equal protection of the laws to American Indians of secondary school age who live in the Navajo Mountain portion of the school district in violation of the Fourteenth Amendment to the United States Constitution and Article I .2 of the Utah State Constitution and .53-4-7 of the Utah State Code. Specifically, defendants have adopted a school construction policy which has the purpose and effect of:

A. Causing the American Indian residents of the Navajo Mountain Community who are of secondary school age to have to travel extremely long distances to attend school whereas this is not true for white students of the district;

B. Impeding the ability of American Indian residents of the Navajo Mountain Community who are of secondary school age to achieve the academic excellence which they might otherwise achieve and which white students of the districts, not similarly burdened, have achieved;

C. Impeding the ability of American Indian residents of the Navajo Mountain Community who are of secondary school age to enjoy equal access to extra curricular activities and tutoring services offered to white students of the district.

D. Causing the American Indian residents of the Navajo Mountain Community who are of secondary school age to attend Bureau of Indian Affairs boarding schools outside the boundaries of the State of Utah.

E. Causing the American Indian residents of the Navajo Mountain Community who are of secondary school age to travel long distances and be separated from their families for long periods of time in order to obtain a secondary education which burden is not placed on white students of the district.

F. Denying to the American Indian residents of the Navajo Mountain Community who are of secondary school age a public school education comparable to that offered to white students of the district.

14. This discrimination on the basis of race constitutes a denial of equal protection under the Constitution and laws of the United States.

WHEREFORE, the United States prays that this Court: 1. Declare that defendants have unlawfully discriminated on the basis of race by refusing to provide a public secondary school within a reasonable distance of the residents of the Navajo Mountain Community in violation of the Constitution and laws of the United States;

2. Permanently enjoin defendants, their officers, agents, employees, successors, assigns, and all persons in active concert or participation with them from all unlawful discrimination on the basis of race in the operation of the San Juan County School District; and

3. Order defendants to formulate, adopt, and fully and timely implement a plan to remedy fully their discriminatory policies and practices and to comply with the requirements of federal law including the Fourteenth Amendment to the Constitution of the United States.

The United States further requests that this Court grant such other additional relief as it deems just and proper.

                                                              
                              JANET RENO
                              Attorney General



                                                              
                              DEVAL L. PATRICK
                              Assistant Attorney General
                              Civil Rights Division
                              


                                                                  
                              SCOTT M. MATHESON, JR.
                              United States Attorney


                                                  
                                                              
                              NATHANIEL DOUGLAS
                              Chief



                                                              
                              LAWRENCE R. BACA
                              Attorney
                              U.S. Department of Justice
                              Civil Rights Division
                              Educational Opportunities
                                 Litigation Section
                              Washington, D.C.  20530
                                 (202) 514-3874
General Information Educational Opportunities Section
 
Leadership
Anurima Bhargava
Chief
Contact
How to file a complaint.
Educational
Opportunities Section
(202) 514-4092
1-877-292-3804 (toll-free)
(202) 514-8337 (Fax)
Email: education@usdoj.gov
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