Blue v. District of Columbia Public Schools
412 U.S. App. D.C. 181
| D.C. Cir. | 2014Background
- Weismiller, a 57-year-old teacher with a history of improper student conduct, taught at Shadd, a District school for emotionally disturbed teens.
- Blue, an 18-year-old student at Shadd, began a sexual relationship with Weismiller in fall 2008, resulting in a pregnancy.
- Shadd was under-resourced with poor supervision; colleagues observed and suspected inappropriate conduct between Weismiller and Blue.
- The District investigated Blue’s pregnancy, took no disciplinary action against Weismiller, and Blue sued the District and Weismiller for damages.
- The district court dismissed Blue’s claims against the District; Blue later stipulated dismissal with Weismiller and sought Rule 54(b) final judgment to appeal only the District dismissal.
- Blue appeals the district court’s order dismissing claims against the District, arguing Rule 54(b) exceptions permit final judgment despite ongoing claims against Weismiller.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Blue’s appeal is from a final judgment under Rule 54(b). | Blue argues dismissal against the District is final under Rule 54(b). | Weismiller and the District contend no final judgment exists as to all claims or parties. | No final judgment under Rule 54(b); appeal dismissed for lack of jurisdiction. |
| Whether the district court could certify final judgment under Rule 54(b) given pending claims against Weismiller. | District court could finalize the District claims independently. | Rule 54(b) requires express no-just-delay determination; not present here. | District court denied 54(b) entry; exception unavailable. |
| Whether a voluntary dismissal without prejudice can render a prior partial dismissal final for appeal. | Blue relied on the stipulation to finalize proceedings. | Non-prejudicial voluntary dismissal does not generally finalize partial judgments. | Without prejudice dismissal does not finalize the District dismissal for appeal. |
| Does the Minute Order acknowledging the stipulation convert the dismissal into a final judgment? | Minute Order shows dismissal of Weismiller and could be final. | Minute Order was ministerial; not an express Rule 54(b) final judgment. | Minute Order does not create a final judgment; appeal still premature. |
Key Cases Cited
- Van Cauwenberghe v. Biard, 486 U.S. 517 (1988) (final judgment rule; prevents piecemeal appeals)
- Catlin v. United States, 324 U.S. 229 (1945) (final judgments; standard quoted by court)
- Firestone Tire & Rubber Co. v. Risjord, 449 U.S. 368 (1981) (final judgment rule; policy against piecemeal appeals)
- Sears, Roebuck & Co. v. Mackey, 351 U.S. 427 (1956) (dispatcher role of district court under Rule 54(b))
- Robinson-Reeder v. American Council on Education, 571 F.3d 1333 (2009) (voluntary dismissal without prejudice insufficient for finality)