Joint Motion for Extension of Time to Disclose Expert Witnesses Pursuant to Practice Book Section 220 (D)

    CV89-03609778S 

  

MILO SHEFF, et al. 3 SUPERIOR COURT 

Plaintiffs 

JUDICIAL DISTRICT OF 

HARTFORD/NEW BRITAIN 
AT HARTFORD 

Vv. 

WILLIAM A. O'NEILL, et al. 

Defendants JANUARY 15, 1991 

  

PLAINTIFFS’ IDENTIFICATION OF EXPERT WITNESSES 

PURSUANT TO PRACTICE BOOK §220 (D) 
  

  

Pursuant to Practice Book §220(D), as modified by this 

Court's Order of "October 31, 1990 and the parties’ Joint Motion 

for Extension of Time to Disclose Expert Witnesses filed December 

3, 1990, the plaintiffs herein disclose their initial list of 

expert witnesses anticipated to testify at trial, in response to 

Defendants’ First Set of Interrogatories. In ‘addition, 

plaintiffs have identified other possible witnesses who may 

testify at the trial in this action, but whose analyses are not 

sufficiently complete to respond to defendants’ interrogatory or 

to confirm whether plaintiffs expect to call such witnesses. As 

set out in the parties’ Joint Motion for Extension of Time to 

Disclose Expert Witnesses filed December 3, 1990, such additional 

expert witnesses may be identified in sixty days or thereafter. 

 



  

Interrogatory 18. Please specify the name and address of 
  

each and every person the plaintiffs expect to call as an expert 

witness at trial, For each such person please provide the 

following: 

a. The date on which that person is expected to complete 

the review, analysis, or consideration necessary to formulate the 

opinions which that person will be called upon to offer at trial; 

b. The subject matter upon which that person is expected to 

testify; and 

Ca The substance of the facts and opinions to which that 

person 1s expected to testify and a summary of the grounds for 

each opinion. 

RESPONSE: Experts whom the plaintiffs; expect to call at trial 
  

are listed below, pursuant to Practice Book Section 220(D), as 

modified by the Court: 

Dr. Jomills Henry Braddock, II, Center. for Social 
Organization of Schools, Johns Hopkins University, 3505 
North Charles Street, Baltimore, Maryland, 21218. Dx. 
Braddock is expected to testify to (1) the adverse 
educational and long-term effects of racial, ethnic, 
and economic segregation; (2) the adverse effects of 
racial, ethnic, and economic segregation on the 
educational process within schools. Specifically, Dr. 
Braddock is expected to testify that school segregation 
tends to perpetuate segregation in adult life, that 
school desegregation helps to transcend systemic 
reinforcement of inequality of opportunity, and that 
segregation affects the educational process within 
schools. In his testimony, the materials on which Dr. 
Braddock is expected to rely include his published 
works, as well as research currently being conducted on 
the educational and long-term effects of racial, 
ethnic, and economic segregation by Dr. Marvin P. 

  

 



  

23 i= 

Dawkins and Dr. William Trent. (See descriptions 
below.) Dr. Braddock is expected to base his testimony 
on (1) Braddock, “The Perpetuation of Segregation 
Across Levels of Education: A Behavioral Assessment of 
the Contact-Hypothesis,” 53 Sociology of Education 178- 
186 (1980); (2) Braddock, Crain, McPartland, "A Long- 
Term View of School Desegregation: Some Recent Studies 
of Graduates as Adults.” Phi Delta Kappan 259-264 
(1984); (3) Braddock, "Segregated High School 
Experiences and Black Students’ College and Major Field 

  

  

Choices,” Paper Presented at the National Conference on 
School Desegregation, University of Chicago (1987); (4) 
Braddock, McPartland, “How Minorities Continue to be 
Excluded from Equal Employment Opportunities: Research 
on Labor Market and Institutional Barriers,” 43 Journal 
of Social Issues "5-39 (1987); "and (5) . Braddock, 
McPartland, "Social-Psychological Processes that 
Perpetuate Racial Segregation: The Relationship 
Between School and Employment Desegregation,” 19 
gournal of Black Studies 267-289 (1989). Dr. Braddock 
is expected to complete his review by April 1, 1991. 

  

  

Christopher Collier, Connecticut State Historian, 876 
  

Orange Center Road, Orange, Connecticut, 06477. 
Professor Collier is expected to testify regarding (1) 
the historical lack of autonomy of Connecticut towns 
and school districts and the history of state control 
over local education; (2) the historical development of 
the system of town-by-town school districts including 
legiglation passed in 1856, 1866, and 1909; (3) the 
existence and prevalence of school districts and 
student attendance patterns crossing town lines prior 
to 1909 legislation mandating consolidation; (4) the 
existence of de jure school segregation in Connecticut 
from 1830 through 1868; (5) the origins and historical 
interpretation of the equal protection and education 
Clauses ‘of the 1965 Constitution; (6). ‘a historical 
overview of the options for school desegregation 
presented to the state but not acted upon, 1954 to 
1580. In his testimony, the materials upon which 
Professor Collier may rely will include numerous 
historical sources, including primarily but not limited 
to Helen Martin Walker, Development of State Support 
and Control of Education in Connecticut (State Board of 
  

  

Education, Connecticut Bulletin #4, Series 1925-16); 
Keith W. Atkinson, The Legal Pattern of Public 
Pducation in" connecticut (Unpublished Doctoral 
  

  

 



Dissertation, University of Connecticut, 1950); Annual 
Reports of the Superintendent of the Common Schools, 
1838-1955; Jodziewicz, Dual Localism in 17th Century 
Connecticut, Relations Between the General Court and 
the Towns, (Unpublished Doctoral Dissertation, William 
& Mary, 1974); Bruce C. Daniels, The Connecticut Town: 
Growth and Development, 1635-1790, Middletown 
Connecticut, Wesleyan University; Trumbull, Public 
Records of the Colony of Connecticut; Public Records of 
the State of Connecticut: Proceedings of the 
Constitutional Convention of 1965; as well as the 
documents listed in response to defendants’ 
interrogatory 5, Plaintiffs’ Responses to Defendants’ 
First Set of Interrogatories (October 30, 1990), and 
the sources referenced in plaintiff's supplemental 
submission to Judge Hammer dated February 23, 1990. 
Additional historical documents upon which Professor 
Collier relies will be identified upon request at or 
before the time of his deposition. Professor Collier 
is expected to complete his review by March 1, 1991. 

  

  

  

  

  

  

  

    

  

Dr. Robert L,. Crain, Professor of: Sociology and 
Education, Teachers College, Columbia University, 525 
West 120th Street, Box 211, New York, New York, 10027. 
Dr. Crain is expected to testify to the adverse 
educational and long-term effects of racial, ethnic, 
and economic segregation in the Hartford metropolitan 
area. Specifically, Dr. Crain is expected to testify 
that the effects of Project Concern participation for 
students in the Hartford metropolitan area have been to 
reduce the likelihood of (1) dropping out of high 
school, (2) early teenage pregnancy, and (3) 
unfavorable interactions with the police. Dr. Crain is 
expected to testify, further, that the effects of 
Project Concern participation for students in the 
Hartford metropolitan area have been to increase (1) 
college retention, (2) the probability of working in 
private sector professional and managerial jobs, (3) 
the: probability .of interracial «contact, and (4) 
favorable attitudes toward whites. In his testimony, 
Dr. Crain is expected to base his testimony on his 
published works and his analyses of Project Concern. 
Specifically, Dr. Crain is expected to rely on (1) 
Crain, Strauss, “School Desegregation and Black 
Occupational Attainments: Results from a Long-Term 

Experiment,” Center for Social Organization of Schools, 
Report No. 359 (1985); (2) Crain, Hawes, Miller, and 

  

 



  

Peichert, "Finding Niches: Desegregated Students 
Sixteen Years Later,” Unpublished Manuscript, Institute 
for Urban and Minority Education, Teachers College 
(revised 1990); and (3) Gable, Thompson, Iwanicki, "The 
Effects of Voluntary Desegregation on Occupational 
Outcomes,” The Vocational Guidance Quarterly 230-239 
(1983). Dr. Crain is expected to complete his review 
by April: i, 1991. 

  

Dr. Marvin P. Dawkins, 17627 N.W. 62nd Place, North, 
Hialeah, Florida, 33015. Dr. Dawkins is expected to 
testify to the adverse educational and long-term 
effects of racial, ethnic, and economic segregation on 
African Americans. Specifically, Dr. Dawkins is 
expected to testify that African Americans who have 
attended segregated schools have a lower probability of 
attending predominantly white colleges and 
universities, maintaining interracial contacts, and 
working in desegregated settings. Dr. Dawkins is 
expected to base his testimony on (1) his analysis of 
data from the National Survey of Black Americans, a 
nationally representative survey of African Americans 
conducted over a period of seven months between 1979 
and 1980 at the Survey Research Center, Institute for 
Social Research, University of Michigan, and funded by 
the Center for the Study of Minority Group Mental 
Health, at the National Institute of Mental Health; (2) 

  

  

Dawkins, "Black Students’ Occupational Expectations: A 
National Study of the Impact of School Desegregation,” 
18 Urban  Fducation 98-113 (1983); {3} Braddock, 
Dawkins, "Predicting Black Academic Achievement in 
Higher Education,” 50 Journal of Negro Education 319- 
327 (1981); (4) Braddock, Dawkins, "Long-Term Effects 
of School Desegregation on Southern Blacks,” 4 
Sociological Spectrum 365-381 (1984); and (5) Dawkins, 
"Persistence of Plans for Professional Careers Among 
Blacks: in Early Adulthood,” 58 Journal of Negro 
Education 220-231 (1989). Dr. Dawkins is expected to 
complete his analysis by March 15, 1991. 

  

  

  

  

Dr. Mary Kennedy, Director, National Center for 
  

Research on Teacher Evaluation, Michigan State 
University, 513 Ardson Road, East Lansing, Michigan, 
48823. Dr. Kennedy will testify about the relationship 
of family poverty and high concentrations of poverty to 
educational outcomes. Specifically, Dr. Kennedy will 

 



  

testify that two of the most important measures of 
poverty which have a strong relationship to educational 
outcomes are intensity of family poverty (measured by 
number of years of sustained poverty of the child and 
his family), and attendance at a school with a high 
concentration of poor children. Her conclusions show 
that: (1) Students are increasingly likely to fall 
behind grade levels as their families experience longer 
spells of poverty; (2) Achievement scores of all 
students - not just poor students - decline as the 
proportion of poor students in a school increases; (3) 
The relationship between school poverty concentration 
and school achievement averages is even stronger than 
the relationship between family poverty status and 
student achievement. In fact, non-poor students who 
attend ‘schools with ‘a high concentration of poor 
students are more likely to fall behind than are poor 
students who attend a school with a small proportion of 
poor students; and (4) Increases in the proportion of 
poor children in a school are associated with decreases 
in average starting achievement and even occasionally 
with decreases in learning rates over time. Dr. 
Kennedy's opinions are based on her research and that 
Of others ‘as contained in reports, including, but not 
limited to Kennedy, M.M., Jung, R.X., and Orland, M.E. 
(1986), Poverty, Achievement and the Distribution of 
Compensatory Education Services, U.S. Department of 
Education, 1986. Dr. Kennedy is expected to complete 
her review by May 1, 1991. 

  

  

  

Dr. William Trent, EPS, 368 Education Building, 
University of Illinois, 1310. South Sixth Street, 
Champagne, Illinois, 61820. Dr. Trent is expected to 
testify to the adverse educational and long-term 
effects of racial, ethnic, and economic segregation on 
Latinos, African Americans, and white Americans. 
Specifically Dr. Trent "is expected to testify that 
economic school segregation has adverse long-term 
outcomes for Latinos, African Americans, and white 
Americans, that desegregation has beneficial results on 
the aspirations and expectations of Latino students and 
on ‘thelr likelihood of working in interracial 
environments, and that white Americans who have 
experienced desegregated schools are more likely to 
work with and to have positive attitudes toward African 
American co-workers. Dr. Trent is expected to base his 
testimony on his published work and his analysis of 

 



  

data from (1) the National Longitudinal Survey of Labor 
Force Behavior -- Youth Cohort, an annual survey 
sponsored by the United States Departments of Labor and 
Defense of 12,686 young persons throughout the United 
States, with data available for 1979-1987; (2) the High 
School and Beyond Study, a national longitudinal 
probability sample of more than 58,000 1980 high school 
sophomores and seniors, conducted in 1980, 1982, 1984, 
and 1986; and (3) the National Longitudinal Survey of 
Employers, a national probability sample of 4,087 
employers, conducted in. the 1970's, Dr. Trent is 
expected to complete his analysis by April 1, 1991. 

In addition to the areas of testimony set out above, 

plaintiffs’ experts are also expected to interpret and comment on 

the testimony and research of other experts, including both 

plaintiffs’ and defendants’ experts. With respect to documents 

listed herein, plaintiffs have included some of the primary 

sources upon which these experts base their opinions, but have 

not provided a comprehensive list of all documents reviewed or 

relied on. If any other additional areas of testimony are 

identified for the foregoing experts or other documents upon 

which they primarily rely are identified, plaintiffs will 

identify such testimony and documents in a timely fashion, 

pursuant to the parties’ Joint Motion for Extension of Time to 

Disclose Expert Witnesses filed December 3, 1990. 

 



  

BY: 

Wesley W. Horton 
Moller, Horton, & Fineberg 
90 Gillett Street 
Hartford, . CT 06105 

Julius L. Chambers 

Marianne Lado 

Ron Ellis 

NAACP Legal Defense & 
Educational Fund, 

99 Hudson Street 

New York, NY 10013 

Inc. 

Helen Hershkoff 

John A. Powell 

Adam Cohen 

American Civil Liberties 

Union Foundation 

132 West 43rd Street 

New York, NY 10036 

Respectfully Submitted, 

yr ry Corer Pt 7 

/ 7 7 Cor oF 
J // Fad rd = 

Philip D. Tegeler 

TET th | 

Martha Stone 

Connecticut Civil Liberties 

Union Foundation 

32 Grand Street 

Hartford, CT 

  

06106 

Wilfred Rodriguez 
Hispanic Advocacy Project 
Neighborhood Legal Services 
1229 Albany Avenue 
Hartford, CT 06112 

John Brittain 

University of Connecticut 
School of Law 

65 Elizabeth Street 

Hartford, CT 06105 

Jenny Rivera 
Puerto Rican Legal Defense 

and Education Fund 
99 Hudson Street 
New York, NY 10013 

 



  

        

    

CERTIFICATE OF SERVICE 
  

This is to certify that one copy of the foregoing has been 

mailed postage pEepaid by certified mail to John R. Whelan and 

Whitney, 
Bead Cl gh: £5 add vn 2 da da 

110 Sherman Street, Har tioya, CT 06105 this 5th oy of 
  

January, 1991, 

  

Philip D. Tegeler 

    

   
Assistant pALtornoy, Generals, MacKenzie, (Hall, &