Diaz

MEMORANDUM AND ORDER

I PROCEEDINGS

This suit was originally instituted in 1971. Plaintiffs, on behalf of a class of all Spanish-surnamed students enrolled in the San Jose Unified School District (“SJUSD”) and their parents, charged that the School District was operating a segregated public school system in violation of the equal protection clause of the Fourteenth Amendment of the United States Constitution and 42 U.S.C. § 1983 . Jurisdiction is founded in 28 U.S.C. §§ 1343 (3) and 1343(4).

This case is now before the Court on remand from the Ninth Circuit Court of Appeals, 612 F.2d 411 (1979), after this court initially ruled in favor of the defendants after trial on the merits. 412 F.Supp. 310 (1976). The procedural history of this matter up until the point of that initial judgment in this court, as well as the general factual background of the case, may be found in our initial opinion, 412 F.Supp. at 311-15 , and need not be repeated here. The Ninth Circuit, upon appeal, vacated the judgment of this court and remanded the matter to us for further proceedings, in light of the decisions of the United States Supreme Court in Columbus Board of Education v. Penick, 443 U.S. 449 ,…