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Fight continues over Native Hawaiian admission policy
Thursday, March 4, 2010
Filed Under: Education | Politics

Non-Native students who were denied admission to the Native-only Kamehameha Schools in Hawaii can't remain anonymous, the 9th Circuit Court of Appeals ruled on Tuesday.

In a unanimous decision, the court said the public's interest and the schools' rights outweighed fears that the students might be harmed if their identities were revealed. The court upheld the dismissal of the case because the plaintiffs refuse to disclose their full names.

The 9th Circuit upheld the admissions policy of the Kamehameha Schools in a different lawsuit in which the non-Native plaintiffs remained anonymous. An appeal was pending before the U.S. Supreme Court when the school agreed to a settlement with the plaintiffs in May 2007.

A second group of non-Native plaintiffs filed a new lawsuit in 2008 that was at issue in this week's 9th Circuit ruling. Attorney David Rosen said an appeal is possible although he told The Honolulu Advertiser: "It looks like the end of the line."

Separately, the school is suing one of the plaintiffs in the original case, saying the plaintiff, his mother and an attorney breached the settlement by disclosing that the plaintiffs were paid $7 million.

Get the Story:
Court's ruling doesn't end battle (The Honolulu Advertiser 3/3)
Privacy in Kamehameha suit denied (The Honolulu Star-Bulletin 3/3)
Plaintiffs can't remain anonymous while suing schools (AP 3/3)

9th Circuit Decision:
Doe. Kamehameha Schools (March 2, 2010)

Related Stories:
Native Hawaiian school settles admission lawsuit (05/15)
Divided court upholds Native school admissions policy (12/06)
Appeals court to rehear Native Hawaiian school case (02/23)
Appeals court blocks Native Hawaiian school policy (08/03)





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