## Facts

- The parents of Sam Antoine and other Native American students sued Winner School District 59-2 in federal court in South Dakota.
- Plaintiffs alleged the district disciplined Native American students more often and more harshly than white students.
- Plaintiffs alleged school officials tolerated racial harassment and a hostile school environment directed at Native American students.
- Plaintiffs alleged the district used discriminatory policies, customs, or practices in student discipline and related decisionmaking.
- Plaintiffs also alleged school officials coerced Native American students to make confessions or statements in disciplinary matters, violating due process and the right against self-incrimination, and that such statements could later be used in juvenile or criminal proceedings.
- Plaintiffs brought federal civil-rights claims, including Title VI and constitutional claims asserted through 42 U.S.C. § 1983, and sought declaratory and injunctive relief (not damages).
- Plaintiffs moved to certify a class representing all current and future Native American students enrolled in the school district (as framed in the motion, focused on middle- and high-school students).
- The decision reported at 2006 WL 3007375 resolved the motion for class certification.

## Issues

1. Did the proposed class satisfy Rule 23(a)’s requirements (numerosity, commonality, typicality, and adequacy) for claims challenging alleged race-based disparities in discipline, a racially hostile environment, and allegedly coerced student statements?
2. Was class treatment proper under Rule 23(b)(2) where plaintiffs sought declaratory and injunctive relief directed at alleged districtwide practices affecting Native American students generally?

## Decision

- The court granted plaintiffs’ motion for class certification.
- The court certified a Rule 23(b)(2) class of Native American students in the district (including future students, as requested) to pursue declaratory and injunctive relief.

## Legal Principles

- Rule 23(a) requires numerosity, commonality, typicality, and adequate representation.
- Commonality and typicality may be met when plaintiffs challenge an alleged course of conduct or set of policies that applies in the same manner to members of the proposed class.
- Rule 23(b)(2) certification is appropriate when the defendant is alleged to have acted or refused to act on grounds generally applicable to the class, making final injunctive or declaratory relief appropriate for the class as a whole.
- When plaintiffs seek forward-looking relief aimed at changing allegedly unlawful practices rather than individualized money awards, Rule 23(b)(2) is a suitable vehicle for class certification.

## Conclusion

In *Antoine v. Winner School District 59-2*, the federal district court certified a Rule 23(b)(2) class of all current and future Native American students (as requested) seeking declaratory and injunctive relief based on allegations that the district imposed harsher discipline on Native American students, allowed a racially hostile school environment, and coerced student confessions or statements in disciplinary matters in violation of federal civil-rights protections.


Antoine v. Winner School District 59-2, 2006 WL 3007375 (2006)