MILWAUKEE — Michelle Obama's brother's lawsuit against a Milwaukee-area private school over issues of inclusiveness and racism could be heading to trial.
In April, Craig and Kelly Robinson filed a lawsuit claiming the University School of Milwaukee (USM) improperly terminated their two sons' enrollment at the school in 2021, despite being model students.
Milwaukee County Judge Thomas J. McAdams denied USM's motion to dismiss the Robinsons' case on Dec. 9, according to court documents.
The lawsuit will now move into the discovery phase. A representative for the family says the Robinsons can now examine documents and seek testimony under oath regarding how USM handled student and parent complaints in the past, including ones related to race and discrimination.
USM says the judge granted the school's motion to dismiss three of the six claims in the Robinsons' complaint and also raised "questions about the remaining claims in their complaint." USM released a statementWednesday, calling the judge's ruling "very favorable."
"We are steadfast in our belief that once the Robinsons are required to provide evidence and prove their claims, we will prevail against their allegations," USM's statementsaid in part. "We have continued to receive overwhelming support from many, many members of our community as this situation has progressed, and I will continue to communicate with the entire USM community regarding the status of this lawsuit. Our new strategic plan remains focused on educational excellence through the Common Trust. I remain committed to this critical work and will always strive to create a community where students thrive."
According to a family representative, the judge ruled that "the Robinsons have presented legally viable claims for USM’s breach of the implied covenant of good faith and fair dealing, consumer fraud, and arbitrary and capricious termination."
Below is a statement Kelly and Craig Robinson released Tuesday:
“We are grateful for the Court’s careful consideration of the merits of our lawsuit and its recognition that we have presented viable legal claims for what USM did to our family. We look forward to continuing to pursue this legal action and holding USM accountable for its failure to fulfill its stated commitment to fairness, diversity, equity, and inclusion. Our family’s experience was not unique, and through this litigation, USM’s historic and continued lack of adherence to the principles of its Common Trust will be exposed.”
A representative for USM says the school and its legal team are now awaiting the next steps in the legal process.
The Robinsons' sons were 9 and 11 years old when they were abruptly terminated from USM, according to the lawsuit. The Robinsons say their kids' enrollment ended after the parents spoke up about racially insensitive learning materials.
“That opened up a window into the classroom and what we saw was a repeated use of racial and ethnic stereotypes in actual assignments and a disregard for children who weren’t physically in the classroom and an insensitivity to socio-economic status,” Craig Robinson previously said. “We just raised our concerns about these different biases, not thinking that it would escalate into anything.”
TMJ4's I-Team covered the lawsuit in April. You can read that report here.
