Opportunity Under Law

Opportunity is not a privilege of class or birth or dependent upon the generosity of others. It is the American birthright. Public Counsel Opportunity Under Law combats economic injustice in all its forms through litigation and other means. Read More

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New York Students File First-Of-Its-Kind Lawsuit Asserting Constitutional Right to an Education That Dismantles Racism Just days after the 70th anniversary of the filing of Brown v. Board of Education, students and advocates are again bringing a historic lawsuit against State and City defendants, challenging racial hierarchies in public education and asserting their right under the New York State Constitution to an education that identifies and dismantles racism.
VICTORY! UC System Can No Longer Consider SAT and ACT in Admissions The decision recognized that the use of the tests at UC campuses would create a two-tier system inaccessible to students with disabilities and ultimately harmful to students, and reflects the weight of testimony from leading experts on disability discrimination, and racial and socioeconomic inequities in education and standardized testing.
History is Made: Groundbreaking Settlement in Detroit Literacy Lawsuit A historic agreement was reached between the plaintiffs and Governor Whitmer in the Gary B. literacy suit. The settlement will preserve a groundbreaking opinion by the Sixth Circuit, and provides an immediate infusion of resources to improve literacy education for public school students in Detroit.
Federal Judge Orders Release Of Immigrants Detained In ICE Raids during COVID-19 Pandemic Judge grants emergency Temporary Restraining Order filed on behalf of two immigrants at the Adelanto Detention Facility, ordering their release "forthwith and without delay" – rejecting the Government’s argument that Petitioners cannot seek relief until there are confirmed COVID-19 cases at Adelanto.
Sixth Circuit Rules That Detroit Students Have Been "Deprived of Access to Literacy" The Sixth Circuit Court of Appeals has issued a groundbreaking ruling that all children have a constitutional right to a “basic minimum education” ensuring that they have access to literacy. In the opinion, the Court cited decisions by the Supreme Court underscoring “the critical importance of education”
Groundbreaking Settlement in CA Literacy Lawsuit to Provide $50 Million to 75 Low-Performing Schools, Advances Holistic Approach to Learning VICTORY! Superior court Judge Rupert Byrdsong accepted a wide-ranging settlement in a major education lawsuit brought by students, parents and advocacy groups against the State of California. The lawsuit is the first civil rights action brought under any state constitution to protect students’ right to access to literacy.
Advocates File Suit Against University of California for Discriminatory Use of Sat/Act In Admissions Students, community groups file suit against UC Board of Regents for discriminatory use of SAT/ACT in admissions – citing practice as meaningless barrier to higher education for underrepresented minority students and students with disabilities.
Federal Judge Orders Government to Provide Immediate Mental Health Treatment to Immigrant Families Torn Apart by Family Separation Policy In a groundbreaking 50-page order, U.S. District Judge John A. Kronstadt has ordered the federal government to provide immediate mental health screenings and treatment to thousands of immigrant families who were traumatized by the Trump Administration’s disastrous family separation policy.
Dreamers and Attorneys File Opening Brief in Supreme Court Case to Decide Fate of DACA On Friday September 27th, attorneys for eleven recipients of the Deferred Action for Childhood Arrivals (DACA) program filed their opening brief with the U.S. Supreme Court in a case that will review several lower-court decisions that blocked the Trump Administration’s efforts to end the DACA program.
A Shared Mission to Make the Literacy Crisis Infamous Last year we filed a class action on behalf of Detroit students to confirm the right of universal access to literacy. Recently we partnered with the creative agency, Enso, to “spark a cultural fire” to support our literacy campaign.
Major Court Victory in Landmark Lawsuit Asserting the Educational Rights of Native American Students The court ruled, for the first time in the nation, that the federal government must meet the educational needs of Native American students attending schools run by the federal Bureau of Indian Education by affirmatively addressing the mental health and wellness needs of students impacted by trauma and childhood adversity.
Federal Judge Blocks Trump Administration's Efforts to Shut Down the DACA Program The ruling was in response to five separate lawsuits over the DACA termination – including the “Dreamers Case”, brought by six DACA recipients who filed suit against the government for failing to keep its promises on DACA. This is the only lawsuit brought by DACA recipients themselves to challenge the Trump Administration’s decision to end DACA.
Brar v. Heritage Oak As a state and as a country, we decided long ago that private places of public accommodation should not be able to discriminate - not based on race, not based on ability and not based on gender - and that every person should be treated with equal dignity and respect.
Detroit Public School Students Sue the State of Michigan for Violating their Constitutional Right to Literacy Lawsuit is unprecedented and aims to confirm a fundamental federal constitutional right to literacy that could help efforts to improve education provided to students in school districts throughout the country
Havasupai Students Sue the U.S. Government for Failure to Provide Equal Educational Opportunity The suit is the first federal civil rights action ever filed to address a wholesale denial of educational opportunities for both the general education and special education of Native American students.
'Being A Woman Is Not A Pre-Existing Condition' - Class Action Suit Challenges Systemic Gender Discrimination in CA Workers' Comp Statewide system relies on outdated stereotypes about women's capacities and roles, contributing to the feminization of poverty in California and burdening women and families
Public Counsel Fights Expansion of School-to-Prison Pipeline in New Mexico The facts of the case are outrageous: a middle school student was arrested and handcuffed for fake burping and laughing during P.E. class
Historic Ruling In Landmark Complaint On Unique Learning Needs of Children Affected by Trauma In a victory for students and teachers, judge rules case will go forward in lawsuit addressing barrier to academic achievement; demands adoption of proven trauma-informed practices in public schools
Public Counsel Announces New President and CEO Judge Margaret Morrow brings decades of distinguished leadership and service to the helm of nation's largest pro bono law firm
Students Seek Justice in Corinthian Colleges Bankruptcy Get the latest updates on the actions of former Corinthian students representing their interests in the wake of the for-profit college's bankruptcy proceedings.
California Lawyer Recognizes Two Public Counsel Cases with Its 2015 Attorney of the Year Awards California Lawyer magazine announced its 2015 Attorney of the Year awards and recognized two Public Counsel cases that made a difference for thousands of students, families and individuals.
Court Restores High School Students' Lost Learning Time A state judge has ordered that California Superintendent of Public Instruction Tom Torlakson, the California Department of Education and the State Board of Education must step in to stem the loss of learning time at Jefferson High School in Los Angeles.
Lawsuit: Students at High-Need California Schools Robbed of Learning Time Students attending seven of California's most disadvantaged schools lose days, weeks and months of critical classroom instruction through the course of their academic careers, according to a lawsuit filed by Public Counsel and others.
Los Angeles County Agrees to Comprehensive Reforms to General Relief Program A coalition of advocates for Los Angeles's most vulnerable communities announced a settlement agreement with the County of Los Angeles that will lead to major changes to the General Relief program, pending court approval.
Settlement Delivers on Dream of Stability for Los Angeles Schools Rocked by Budget Cuts Attorneys representing middle-school students who experienced huge teacher turnover due to budget-based layoffs have reached a historic agreement in the Reed v. State of California et al. lawsuit.
Groundbreaking Settlement to Ban Solitary Confinement and Ensure Appropriate Education for Youth in Contra Costa County Juvenile Hall In the wake of growing national concern about the use of solitary confinement for juveniles, this is the first case in the nation to bring such a sweeping end to the use of solitary confinement for young people
Agreement Ends Fair Housing Lawsuit Against Lancaster There's major news from Lancaster: The Community Action League and the California State Conference of the NAACP announced they will move forward with the City of Lancaster to promote fair housing for all Lancaster residents.
LA County Takes Major Step to Combat Section 8 Discrimination in the Antelope Valley A Public Counsel lawsuit last year exposed a frightening fact: For years, black and Latino families who are part of the Section 8 Housing Choice Voucher Program in the cities of Lancaster and Palmdale faced harassment from officials. Now Los Angeles County has approved a breakthrough agreement that that will combat discrimination and help heal the divisions in the community.
LA Times Exposes How California Is Failing Its Farm Workers Public Counsel is working to protect farm workers from heat-related illness. The Los Angeles Times profiles the impact of California's failure to protect some of its hardest-working residents from soaring temperatures and harsh conditions.
Judge Approves Landmark Settlement to Protect Education Rights Superior Court Judge William F. Highberger approved the landmark settlement in Reed v. State of California, et al., a class action suit filed by Public Counsel, the ACLU, and Morrison & Foerster, LLP to address the devastating impact of massive and disproportionate teacher layoffs in schools in economically challenged communities and in communities of color.
Ending the Unjust Punishment of Court Fees
Landmark Federal Class Action Lawsuit Results in Innovative Trauma Programming
California Parents and Advocates Sue the State for Constitutional Right to Education as Setbacks Continue Under Remote Learning
UC Regents Required to Stop Using SAT and ACT in Admissions and Scholarship Processes
Historic Settlement Reached In Advancing The Educational Rights Of Native American Students
UC System No Longer Allowed To Consider SAT And ACT Scores In Admissions Judge Brad Seligman announced a groundbreaking decision in Kawika Smith v. Regents of the University of California, granting a preliminary injunction that requires the UC system to stop using the SAT and ACT as part of the admissions process immediately.
Supreme Court Rules Decision to Rescind DACA "must be vacated" in DHS v Regents of the University of California This morning the United States Supreme Court ruled that the Trump administration decision to rescind DACA must be vacated because it violated the Administrative Procedure Act. The decision keeps the Deferred Action for Childhood Arrivals program intact and ensures that recipients can continue to be a core part of their communities.
Local Governments and Black Immigrant Organization Sue To Throw Out Trump's End Run Around the Constitution
Settlement Reached with Los Angeles County to Provide Foster Youth with Vital Mental Health Services Latest settlement comes 18 years after initial settlement of a lawsuit alleging the LA County foster system was not providing necessary mental health services for youth in its care.
Students Sue to Enjoin UC Regents' Use of False "Test-Optional" Admissions Policy for SAT and ACT
International Students in California File Federal Lawsuit to Protect Their Status in the U.S.
Court Ruling Challenged After Failing to Hear From - or Even Notify - Victim in Sexual Assault Case When college student Jane Roe* was sexually assaulted five years ago by a fellow U.C. Santa Barbara student, she used her school’s Title IX complaint process to help her feel safe on campus afterward. The school’s thorough investigation process resulted in the assailant being suspended for three years — enough time for Jane to graduate before he returned to school.
State of New Mexico Reaches Innovative Settlement Agreement with Foster Youth and Child Advocates VICTORY for foster care youth and child welfare advocates! New Mexico foster youth, Disability Rights New Mexico and Native American Disability Law Center have reached an innovative settlement with the State of New Mexico’s Children, Youth and Families Department and Human Services Department to develop a trauma responsive child welfare system, serving as a national model for states across the country.
Groundbreaking Settlement in California Literacy Lawsuit to Provide Immediate Relief to 75 Low-Performing Schools, Advances Holistic Approach to Learning in Schools VICTORY! Superior court Judge Rupert Byrdsong accepted a wide-ranging settlement in a major education lawsuit brought by students, parents and advocacy groups against the State of California. The lawsuit is the first civil rights action brought under any state constitution to protect students’ right to access to literacy. The settlement is a historic step forward towards affirming the right to literacy for all children in California. We will remain vigilant and continue to push for change; however, today we begin to lay the foundation for building a California education system that gives all children the opportunity to pursue their dreams – to create a better tomorrow for themselves and our communities.
Landmark Settlement Announced in Lawsuit to Affirm Educational Rights of Homeless Students On February 11, 2020, a judge approved a groundbreaking three-year consent decree that will ensure homeless students have basic access to public education. The settlement is the first of its kind in the State of Missouri and the first legal action that has resulted in substantial changes to state and district policies regarding access to education for students experiencing homelessness.
Advocates File Suit Against University of California for Discriminatory Use of Sat/Act In Admissions On December 10, 2019, lawyers representing four students, six nonprofits and the Compton Unified School District announced lawsuits against the University of California Board of Regents for the UC system’s use of SAT and ACT test scores in admissions decisions. The civil rights lawsuits allege that the UC System is knowingly creating barriers to higher education for students of color and students with disabilities.
Federal Judge Orders Government to Provide Immediate Mental Health Treatment to Immigrant Families Torn Apart by Family Separation Policy Judge finds that the Government's policy "caused severe mental trauma to parents and their children" and agrees that the government is responsible for remedying the harm it knowingly caused.
Dreamers and Attorneys File Opening Brief in Supreme Court Case to Decide Fate of DACA On Friday September 27, 2019, attorneys for eleven recipients of the Deferred Action for Childhood Arrivals (DACA) program filed their opening brief with the U.S. Supreme Court in a case that will review several lower-court decisions that blocked the Trump Administration’s efforts to end the DACA program.
Landmark Civil Rights Settlement on Behalf of English Learners Affirms State of California Must Ensure Schools Provide English Language Instruction State agencies agree to establish watchdog system to ensure schools no longer deny English Language instruction to learners, which make up 1/4 of California students
Statement: Attorneys for Veterans Praise Plan for Homeless Housing at West Los Angeles VA Campus Attorneys who represented homeless veterans in the lawsuit Valentini v. McDonald released this statement in response to the plan released on February 13, 2015, regarding the use of the West Los Angeles VA Medical Center.
Department of Veterans Affairs Reaches Historic Breakthrough Agreement In the Next Step to End Homelessness Among Los Angeles Veterans Today Secretary of Veterans Affairs Robert A. McDonald will join attorneys representing homeless veterans in Los Angeles to announce the way forward as VA and community partners work to end homelessness among Veterans in Los Angeles County.
Public Counsel Launches Opportunity Under Law as New Force in Fight for Equality Nationally known civil rights litigators Mark Rosenbaum, Anne Richardson, and Gary Blasi to lead effort to combat economic injustice in all its forms.
Lawsuit Accuses California of Allowing Students at Under-Resourced Schools to Lose Learning Time Statewide class action case says reduced learning time starts in kindergarten and leaves students years behind – and violates the California Constitution
Use of SAT/ACT in Admissions is Discriminatory, Advocates Say: University of California Must Cease Practices or face Lawsuit On October 29th, lawyers representing three students, five nonprofits and the Compton Unified School District announced their formal request to the University of California Board of Regents that the UC system cease use of SAT and ACT test scores in admissions decisions. The Board of Regents will have ten days to respond, and if the practice is not stopped, the lawyers will file a civil rights lawsuit against the UC for knowingly creating barriers to higher education for students of color and students with disabilities.

Cruz Fact Sheet Learn more about how the Cruz v. California lawsuit aims to protect students' most basic educational resource: learning time.