Memo from Lado to Counsel Re: Issues on Appeal

    EDF MEMORANDUM 

TO: Ted, Norman, Dennis 

FROM: Marianne Engelman Lado 
wt 

Re: Issues on Appeal in Sheff 

DATE: April 19, 1995 

  

Attached please find materials sent by Wes Horton in preparation for Monday’s meeting. Wes 
included a revised preliminary statement of issues. 

I requested and Wes is sending the draft preliminary statements proposed by the ACLU and 
Legal Services. 

Wes has no objection to the idea of LDF taking the lead role in drafting the brief on appeal. 
He would, however, like to work closely with us. 

 



   4    
SENT BY:MOLLER HORTON SHIELDS ; 4-19-95 ; 1:06PM ;HARTFORD CONNECTICUT- 

MOLLER, HORTON & SHIELDS, P.C, 
ATTORNEYS AY LAW 

90 GILLETT STREET 

HARTFORD, CONNECTICUT 06105 

SUSAN M. CORMIER 

WESLEY W. FIORTON 
KIMBERLY A. KNOX 

WILLIAM R. MOY, LER? 
KAREN L.. MURDOCH 

CHRISTY SCOTT 

ROBERT M, SHIELDS, JR. 

*ALSO ADMITTED IN DRTRICT (3+ COLUMBIA BY FAX 

April 19, 1995 

To All Plaintiffs’ Lawyers: 

I have reviewed the four preliminary statements I have received 
and here is my rewrite of them. 

212 226 7592;% 2/12 

TELEPHONE 

(203) 522-8338 
TELECOPIER 

(203) 728-0401 

r 

Enclosed also is a copy of the other proposed appeal papers. 

Very truly yours, 

Wesley W. Horton 

WHH:qt 
enclosure 

 



   
SENT BY:MOLLER HORTON SHIELDS ; 4-18-95 ; 1:06PM ;HARTFORD CONNECTICUT- 212 226 7592;% 3/12 

APPEAL - CIVIL 
ID-8C-28 New 8.92 (OKI JD-8C-10) INSTRUCTIONS 
P.B. §8§ 65, 4012, 4013, 4034 1. Prepare on ty Withar, 
C.G.5. 83 51-1097f, 52-470 2, Sign" DX and "Certification" sections below. 

3. Submit in triplicate to the trial court clerk with sufficient additional copies for TO SUPREME COURT each other counsel of record: serve copies on Uppasing counsel #4 TO APPELLATE COURT 4. File a copy of the endorsad appeal form togathar with the papers required by P.B. § 4013 with the Appellate Clerk. 
NAME OF CASE (Biale 7if amg of case as rppears in judgmant lig) 

Milo Sheff, et al. v. William A. O'Neill, et al, (°S€ Attached sheet for, 

        
    

  

  

  

  

  

4 other parties CLASSIFICATION 3 CATION _ cross JOINT AMENDED — CONSOLIDATED — STIPULATIONFOR — CORRECTED/AMENDED oF (9pecty) AFPLCAL [] APPEAL APPEAL APPEAL APPEAL RESERVATION APPEAL FORM 

. TRIED TO TRIAL COUAT LOCATION 
[x] court []aury | Hartford 
TRIAL COURT JUDGE LIST ALL TRIAL COURT DOCKET NUMBERS 
Hammer, J. -.     

  

  

  

. e on 75 JUDGMENT FOR (Whora there are multiple pariies, > any A603] party(las) kor whom judgment may have been entered.) fi 
[Jreannrr EK] oerenpant  [JotHer 

  

  

    

        

TRIAL COURT [JUDGMENT DATE DATE FOR FILING APPEAL EXTENDED TO |DATE OF ISSUANCE OF NOTICE ON ANY ORDER ON ANY STIG. 
HISTORY 4/12/95 WOULD RENDER JUDGMENT INEFFECTIVE 

CASE TYPE . b Rdg wT 
[(Juuvenite KJ evi: MajorMiner code M50 [leary  [Jworkers compensa 

[ ] HABEAS CORPUS | ]oTHER 
    

  

    

DATE CERTIFIGATION GRANTED 
For habeas corpus or zoning appeals indicate the date certification was granted; 
  

  

  

  

  

APP LL HLED BY (Where thera sre multiple parties, spectfy the tmma of the individual parly(les) fling this appeal) 

|X] PLAINTIFFS [ 1oeFENDANT [ ]oTHER 
who appeal : : a 

: ? FROM (the action which constitutes the final judgment): Judgment for defendants entered 

APPEAL April 12, 1995 
  

  

  

  

    
  
  IF TO SUPREME COURT, STATUTORY BASIS FOR THE APPEAL (C.G.8. § 51-169) - 

  
  BY (Signature of attorney of piu se party) TELEPHONE NO, % JURIS NO, {If applicable) X 522-8338 38478 

TYPE NAME AND ADDRESS OF PERSON SIGNING ABOVE (This Is your appearance; see P.B. § 4034) 

desley W, Horton, 90 Gillett Street, Hartford, CT 06105 
APPEARANCE [] Pursuant to P.B, § 4034, counsel who files this appeal shall be deamed to have appeared in addition to counsel of record who appeared in the trial court, ” 

Pursuant to P.B. § 65 counsel who files 

C) this appeal is appearing in lau of: 
INDICATE WHICH OF THE FOLLOWING ARE ATTACHED BY PLACING AN "X" IN THE PROPER BOX(ES) 
[X] 1. PRELIMINARY STATEMENT OF THE ISSUES 4. DOCKET SHEETS (DS-1)/DOCKETING STATEME 

    

    
  

      

      NAMF OF COUNSEL AND JURIS NO. 

  
  

  

ATTACHMENTS |IX] 2. PRELIMINARY DESIGNATION OF PLEADINGS 5. STATEMENT FOR PREARGUMENT CONFERENC 
X] 3. COURT REPORTER'S ACKNOWLEDGEMENT/ 

CERTIFICATE RE TRANSCRIPT 
NAME OF PERSON RECOGNIZED 10 PHOSECUTE IN THE AMOUNT OF $400 TEI,CPHONE NO. 
Jane Tedford Dube 228-4626 ADDRESS OF PERSON NAMED ABOVE 

RECOGNIZANCE| 71 Northam Road r Hebron, CT 06231 

  
  

  
  

  

  

    

  
    

    
      

   
    

[SIGNED [OMiclal taking recognizance; *X° proper box) Bomin. Sup, Court |DATE GIGNED 

[] coun Clerk 
| HEREBY CERTIFY THAT A COPY HEREOF WAS SERVED ON |DATF SIGNED (Individual counsel) CERTIFICATION | Ai” COUNSEL AND PRO SE PARTIES OF RECORD IN ACCOR. . (P.B, § 4012) DANGE WITH THE PROVISIONS OF P.B, § 4014 ON: X 

ee er ae Ne KG De ep lated BY IIA HOR ETOIR oor reser ar 

L] Entry Fee Paid L No Fees Required Security furnished: tJ Cash [] Bond 

[] Record Fee Paid j3 Fees, Costs, and Security waived by Judge: 14 Recognizance 
(A.C. only) 

    

    

  
wr —— SIGNED (Clerk of trial court) 

(Judge) (Date) 

    
— — . vee we     

            

 



SENT BY:MOLLER HORTON SHIELDS ; 4-19-95 ; 1:07PM ;HARTFORD CONNECTICUT- 212 226 7592:% 4/12 

Additional Parties 

Plaintifrfra: 

Wilda Bermudez 
Pedro Bermudez 
Eva Bermudez 
Oskar M. Melendez 
Waleska Melendez 

Martin Hamilton 
Janelle Hughley 
Neiima Best 
Lisa Laboy 
David William Harrington 
Michael Joseph Harrington 
Rachel Leach 
Joseph Leach 
Erica Connolly 
Tasha Connolly 
Michael Perez 
Dawn Perez 

Defendants: 

State Board of Education of the State of Connecticut 

Abraham Glassman, A. Walter Esdaile, Warren J. Foley, Rita 
Hendel, John Mannix, Julia Rankin, or their successor members of 
the State Board of Education of the State of Connecticut 

Gerald N. Tirozzi, or his successor Commissioner of the 
Board of Education of the State of Connecticut 

Francisco L. Borges or his successor Treasurer of the State 
of Connecticut 

J. Edward Caldwell or his successor Comptroller of the State 
of Connecticut 

 



  

SENT BY:MOLLER HORTON SHIELDS ; 4-19-95 ; 1:07PM ;HARTFORD CONNECTICUT- 212 226 7592;#% 5/12 

  

A.C. 

(CV 89-03609778) 

MILO SHEFF, ET AL. : APPELLATE COURT 

VS. : 

WILLIAM A. O’NEILL, ET AL. : APRIL , 1995 

Y STATEM OF ISSUES 

Pursuant to P.B. §4013(a) (1), the plaintiffs intend to raise the 

following issues: 

1. Under Article First, §§1 and 20 and Article Eighth, §1, must 

the plaintiffs prove the existence of any action by state actors, 

subtle or otherwise, which resulted in the plaintiffs not receiving ar 

equal educational opportunity? 

2. If so, did the plaintiffs prove such action as a matter of 

law? 

3. Did the admitted and undisputed evidence require the Court 

as a matter of law to find that the students in the Hartford public 

schools are not receiving an equal educational opportunity? 

PLAINTIFFS, MILO SHEFF, ET AL, 

By 
  

 



   "SENT BY :MOLLER HORTON SHIELDS ; 4-19-95 ; 1:07PM ;HARTFORD CONNECTICUT- 212 226 73592;% 6/12 

A.C, 
(CV 89~03609778) 

MILO SHEFF, ET AL. 

VS. 

WILLIAM A. O'NEILL, ET AL. 

APPELLATE COURT 

APRIL , 1995 

DESIGNATION OF PLEADINGS 

Pursuant to P.B. §4013(a) (2), the plaintiffs designate the 

following for the record on appeal: 

1. Revised Complaint dated November 23, 1994 (#214) 

2. Revised Answer dated November 25, 1994 (#218) 

3. Reply dated November 28, 1994 (#217) 

4, Motion to Strike and Ruling (#103) 

5. Motion for Summary Judgment and Ruling (#149) 

6. Memorandum of Decision (#222) 

; 5 Judgment 

8. Appeal 

9, Preliminary Statement of Issues 

PLAINTIFFS, MILO SHEFF, ET AL. 

BY 
  

 



   "SENT BY:MOLLER HORTON SHIELDS ; 4-19-95 ; 1:07PM ;HARTFORD CONNECTICUT- 212 226 7592;% 7/12 

A.C. 
(CV 89-03609778) 

MILO SHEFF, ET AL. : APPELLATE COURT 

VS. : 

WILLIAM A. O’NEILL, ET AL. : APRIL , 1995 

CERTIFICATE RE TRANSBCRYPT 

Pursuant to P.B. §4013(a) (3), the plaintiffs certify that they 

intend to rely on the transcripts of the entire trial. All 

transcripts have already been delivered to counsel. 

PLAINTIFFS, MILO SHEFF, ET AL. 

By 
  

 



   : SENT BY:MOLLER HORTON SHIELDS ; 4-19-95 ; 1:08PM ;HARTFORD CONNECTICUT- 212 226 7592:% 8/12 

A.C, 
(CV 89-0360977S) 

MILO SHEFF, ET AL. : APPELLATE COURT 

VS. 

WILLIAM A. O'NEILL, ET AL. : APRIL , 1995 

DOCKETING STATEMENT 

Pursuant to P.B. §4013(a) (4), the plaintiffs state as follows: 

(i) Plaintiffs: 

Wilda Bermudez 
Pedro Bermudez 
Eva Bermudez 
Oskar M. Melendez 
Waleska Melendez 
Martin Hamilton [we need Cunt” Godreoans ) 
Janelle Hughley 
Neiima Best 
Lisa Laboy 
David William Harrington 
Michael Joseph Harrington 
Rachel Leach 

Joseph Leach 
Erica Connolly 
Tasha Connolly 
Michael Perez 
Dawn Perez 

Plaintiffs’ Counsel 

Marianne Engelman Lado 
Theodore Shaw 

Dennis D. Parker 
NAACP Legal Defense & Educational Fund 
99 Hudson Street 

New York, NY 10013 

Sandra Del Valle 
Puerto Rican Legal Defense & Educational Fund 
99 Hudson Street 
New York, NY 10013 

 



   
"SENT BY MOLLER HORTON SHIELDS :; 4-19-85 ; 1:08PM ;HARTFORD CONNECTICUT- 212 226 7592:#%# 9/12 

Christopher A. Hansen 
ACLU 
132 West 43rd Street 
New York, NY 10036 

Martha Stone 

Philip Tegeler 
CCLU 

32 Grand Street 
Hartford, CT 06106 

John Brittain 
UNIVERSITY OF CONNECTICUT SCHOOL OF LAW 
5% Elizabeth Street 

Hartford, CT 06103 

Wilfred Rodriguez 
Neighborhood Legal Services 
1229 Albany Avenue 
Hartford, CT' 06112 

Wesley W. Horton 
Moller, Horton & Shields, P.C. 
80 Gillett Street 
Hartford, CT 06105 

(203) 522-8338 

Defendants: 

State Board of Education of the State of Connecticut 

Abraham Glassman, A. Walter Esdaile, Warren J. Foley, Rita 
Hendel, John Mannix, Julia Rankin, or their successor members of the 
State Board of Education of the State of Connecticut 

Gerald N. Tirozzi, or his successor Commissioner of the Board of 
Education of the State of Connecticut 

Francisco L. Borges or his successor Treasurer of the State of 

Connecticut 

J. Edward Caldwell or his successor Comptroller of the State of 
Connecticut 

 



   

  

"SENT BY:MOLLER HORTON “ig ; 4-19-95 ; 1:08FM ;HARTFORD CONNECTICUT- 212 226 73592;#10/12 

- 

Defendants’ Counsel: 

Richard Blumenthal, Attorney General 
Bernard McGovern, Asst. Attorney General 
Martha Watts Prestley, Asst. Attorney General 
STATE OF CONNECTICUT 
110 Sherman Street 
Hartford, CT 06105 

(11) None 

(iii) Yes 

(1v) Not Applicable 

PLAINTIFFS, MILO SHEFF, ET AL. 

By 
  

 



   
-~ 

| SENT BY:MOLLER HORTON “ar » 4-19-95 ; 1:08PM HARTFORD CONNECTICUT- 212 226 7592;%11/12 

April , 1995 

Michéle Angers, Deputy Chief Clerk 
APPELLATE COURT 

Drawer 2, Station A 
Hartford, CT 06106 

Ra: Bheff, et al. v. 0’Nelill, et al. 

Dear Ms. Angers: 

Pursuant to P.B. $4024, the plaintiffs request that the Supreme 
Court immediately transfer this appeal to the docket because it 
involves a matter of great public importance. 

Very truly yours, 

  

 



SENT BY MOLLER HORTO 

    

® ; 4-19-95 7 1:09PM SHARTFORD CONNECTICUT- 212 226 7592;#12/12 

SETTLEMENT MATERIAL - CONFIDENTIAL 
  

STATEMENT FOR PREARGUMENT CONFERENCE 
JO-AG-6 New 8-92 
P.B. §§ 4013, 4103 

INSTRUCTIONS : 
1. Prepare on typewriter; serve copies on opposing counsel (P.B. § 4014). 
2. List on the reverse side of form the names and addrasses of opposing counsel and pro se 

parties that have been served with a copy of this form, 
3. If you are the appellant, you are required to attach a copy of the trial court's written memo- 

randum of decision or a transcript of the trial court's oral decision pursuant fo FP.B. § 4059, 
4. Submit in duplicate io the Appellate Clerk at the address shown. 
5. Retain a copy for yourself to bring to the conference. 

  
  

      
‘NAME OF CASES) | 

Milo Sheff, et al. v. William A. O'Neill, et al. 

CONNECTICUT JUDICIAL BRANCH 
APPELLATE CLERK 
231 CAPITOL AVENUE 

P.O. DRAWER Z, STATION A 
HARTFORD CT 08106 

    
"|FOR COURT USE ONLY (Docket Numbe 

    
CASE TYPE 
M50     
  

BRIEFLY DFSCRIBE THE FINAL JUDGMENT/RULING APPEALED 

Judgment for defendants 
  

  

PARTY OR PARTIES APPEALING 

All plaintiffs 

  

  

ATTORNLCY ON PRO SE PARTY FILING STATEMENT FOI PREARGUMENT CONFERENCE/IURIS NO. 

Wesley W. Horton/38478 

  Es 
TELEPHONE NO. 

522-8338 
  

    

"ADDRESS (No., afreet, town, state and zip) 

90 Gillett Street, Hartford, CT 06105 

FILING STATUS 

EX amromncy [Jrrose KX aepenant |] cROSS-APPELLANT 

    

      

1. State the issues you intend to prose! on the appeal and/or cross-appeal or, alieinaiively, altach a copy of your Preliminary Statement of tk 

Issues to this form (P.B. §§ 4008, 4013). Continue on separate page if necessary. 

  

2. If this appeal was filed in the Appellate Court, should it be transferred to the Supreme Court? RY YES [1] NO 

The appeal involves a matter of great public importance. 

    

3. Would you be willing to waive oral argument in this case? [] YES [X] NO (EXPLAIN BELOW) 

The appeal involves a matter of yreat public importance. 

    

4. Have you attached a copy of the Ramchand of decision or a aserint of oral decision ? [%l YES Fy NO (EXPLAIN BELOW) 

    

NOTICE TO COUNSEL 

The fallure to file this form, or the fallure to attend a preargument conference, may result in the Imposition of sanctio 
(P.B. §4184). It is the duty of counsel to communicate with each other to assure attendance at the conference. 

I hereby certify that a copy of the above was mailed to all counsel and pro se parties of record In accordance with the pravisions of Practice 
Book section 4014, 
  

SIGNATURE OF INDIVIDUAL COUNSEL/PRO SE gi DATE SIGNED