Los Angeles NAACP v. Los Angeles Unified School District

MEMORANDUM OPINION AND ORDER

In this action against the Los Angeles Unified School District (the “District”), District officials and certain State defendants, the District (or local) defendants have moved to dismiss the action for lack of subject matter jurisdiction, Rule 12(b)(1), Fed.R.Civ.P., and for failure to state a claim on which relief can be granted, Rule 12(b)(6), Fed.R.Civ.P. In the alternative, District defendants move that this Court abstain from exercising its jurisdiction “in view of the pending state court proceeding in Crawford v. Board of Education (Los Angeles County Superior Court No. C822854).” The remaining defendants, Governor Edmund G. Brown, Jr., Wilson Riles, Superintendent of Public Instruction, California State Board of Education and California Department of Education (collectively the “State defendants”) have also filed motions to dismiss. They join in the local defendants’ motion that this Court abstain. Additionally, they assert two grounds peculiar to themselves, Eleventh Amendment immunity and lack of an Article III justiciable controversy.

Although the complaint refers to pendent state claims without alleging what those claims are, the primary…