Case: A.W. v. Davis School District

1:12-cv-00242 | U.S. District Court for the District of Utah

Filed Date: Nov. 13, 2012

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On November 13, 2012, a mother filed a lawsuit against the Davis County Schools in the U.S. District Court for the District of Utah, on behalf of her two children, A.W. and C.W. The Plaintiffs, represented by the ACLU and bringing suit under 42 U.S.C § 1983, sought injunctive and declaratory relief, as well as nominal damages, alleging that the school district violated their First and Fourteenth Amendment rights by removing a children's book, In Our Mothers' House, from the library shelves to a…

On November 13, 2012, a mother filed a lawsuit against the Davis County Schools in the U.S. District Court for the District of Utah, on behalf of her two children, A.W. and C.W. The Plaintiffs, represented by the ACLU and bringing suit under 42 U.S.C § 1983, sought injunctive and declaratory relief, as well as nominal damages, alleging that the school district violated their First and Fourteenth Amendment rights by removing a children's book, In Our Mothers' House, from the library shelves to a restricted access section. The book depicts a same-sex couple and their three adopted children. Specifically, the Plaintiffs alleged that the book should be returned to the regular collection and that similar books should not be restricted from student access. Plaintiffs also sought to class certification.

Defendant argued that the book violated Utah's sex education law, U.C.A. 1953 §53A-13-101, which prohibits sex-education curricula from using instructional materials that advocate homosexuality. Defendant also claimed that because elementary school students have structured time in the library, such time should be treated as part of the curriculum.

The matter was referred to alternative dispute resolution on December 11, 2012. It then settled. Defendants agreed to return the book to regular circulation, to not remove the book from libraries for any reason based on its content, and not to rely on Utah Code §53A-13-101 as a basis for content discrimination. Plaintiffs agreed that the book may be restricted on a per-student basis, just as any other book may, at the request of a parent or guardian. As part of the agreement, both parties filed motions to dismiss. The case closed on February 4, 2013.

Summary Authors

Jeanette Pitts (4/1/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/30095981/parties/aw-v-davis-school-district/


Judge(s)

Furse, Evelyn J. (Utah)

Attorneys(s) for Plaintiff

Block, Joshua A (New York)

Cooper, Leslie (New York)

Farrell, Leah M. (Utah)

Mejia, John (Utah)

Attorneys(s) for Defendant

Cheney, Scott (Utah)

Kaiser, Kyle J. (Utah)

Judge(s)

Furse, Evelyn J. (Utah)

Attorneys(s) for Plaintiff

Block, Joshua A (New York)

Cooper, Leslie (New York)

Farrell, Leah M. (Utah)

Mejia, John (Utah)

Attorneys(s) for Defendant

Cheney, Scott (Utah)

Kaiser, Kyle J. (Utah)

Documents in the Clearinghouse

Document

1:12-cv-00242

Docket

A.W. and C.W. v. Davis School District

Nov. 13, 2012

Nov. 13, 2012

Docket
2

1:12-cv-00242

Complaint

A.W. and C.W. v. Davis School District

Nov. 13, 2012

Nov. 13, 2012

Complaint
22-1

1:12-cv-00242

Settlement Agreement

A.W. and C.W. v. Davis School District

Jan. 31, 2013

Jan. 31, 2013

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/30095981/aw-v-davis-school-district/

Last updated July 29, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

Case has been indexed and assigned to Magistrate Judge Evelyn J. Furse. Plaintiffs A.W., C.W. is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 350.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (jds) (Entered: 11/13/2012)

Nov. 13, 2012

Nov. 13, 2012

PACER
2

COMPLAINT against Davis School District (Filing fee $ 350, receipt number 1088-1714904), filed by C.W., A.W.. (Attachments: # 1 Civil Cover Sheet Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K) Assigned to Magistrate Judge Evelyn J. Furse (Mejia, John) (Entered: 11/13/2012)

Nov. 13, 2012

Nov. 13, 2012

Clearinghouse
3

MOTION for Admission Pro Hac Vice of Joshua Block, Registration fee $ 15, receipt number 1088-1715041, filed by Plaintiffs A.W., C.W.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Mejia, John) (Entered: 11/13/2012)

Nov. 13, 2012

Nov. 13, 2012

PACER
4

MOTION for Admission Pro Hac Vice of Leslie Cooper, Registration fee $ 15, receipt number 1088-1715050, filed by Plaintiffs A.W., C.W.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mejia, John) (Entered: 11/13/2012)

Nov. 13, 2012

Nov. 13, 2012

PACER
5

ORDER granting 3 Motion for Admission Pro Hac Vice of Joshua Block for A.W.,Joshua Block for C.W.. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Magistrate Judge Evelyn J. Furse on 11/13/12. (alp) (Entered: 11/13/2012)

Nov. 13, 2012

Nov. 13, 2012

PACER
6

ORDER granting 4 Motion for Admission Pro Hac Vice of Leslie Cooper for A.W.,Leslie Cooper for C.W.. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Magistrate Judge Evelyn J. Furse on 11/13/12. (alp) (Entered: 11/13/2012)

Nov. 13, 2012

Nov. 13, 2012

PACER
7

**RESTRICTED DOCUMENT**Summons Issued Electronically as to Davis School District. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (rls) (Entered: 11/16/2012)

Nov. 16, 2012

Nov. 16, 2012

PACER
8

**RESTRICTED DOCUMENT** SUMMONS Returned Executed by C.W., A.W. as to Davis School District served on 11/19/2012, answer due 12/10/2012. (Attachments: # 1 Exhibit Proof of Service)(Farrell, Leah) (Entered: 11/19/2012)

Nov. 19, 2012

Nov. 19, 2012

PACER
9

MOTION for Extension of Time to File Answer re 2 Complaint, filed by Defendant Davis School District. (Attachments: # 1 Text of Proposed Order)(Cheney, Scott) (Entered: 12/04/2012)

Dec. 4, 2012

Dec. 4, 2012

PACER
10

DOCKET TEXT ORDER denying 9 Motion for Extension of Time to Answer for lack of statement of good cause to justify the extension. The Court will entertain a renewed motion with further explanation if Defendant wishes to file one. Signed by Magistrate Judge Evelyn J. Furse on 12/5/2012. No attached document. (euj) (Entered: 12/05/2012)

Dec. 5, 2012

Dec. 5, 2012

PACER
11

Defendant's MOTION for Extension of Time to File Answer filed by Defendant Davis School District. (Attachments: # 1 Text of Proposed Order)(Kaiser, Kyle) (Entered: 12/06/2012)

Dec. 6, 2012

Dec. 6, 2012

PACER
12

ORDER granting 11 Motion for Extension of Time to Answer re 2 Complaint,. Answer deadline updated for Davis School District answer due 2/1/2013. Signed by Magistrate Judge Evelyn J. Furse on 12/06/2012. (asp) (Entered: 12/06/2012)

Dec. 6, 2012

Dec. 6, 2012

PACER
13

MOTION to Certify Class and Memorandum in Support filed by Plaintiffs A.W., C.W.. (Attachments: # 1 Exhibit A)(Farrell, Leah) (Entered: 12/10/2012)

Dec. 10, 2012

Dec. 10, 2012

PACER
14

NOTICE OF ADR, e-mailed or mailed to Plaintiffs A.W., C.W., Defendant Davis School District. (alp) (Entered: 12/11/2012)

Dec. 11, 2012

Dec. 11, 2012

PACER
15

NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Plaintiffs A.W., C.W., Defendant Davis School District. Form due by 12/26/2012. (alp) (Entered: 12/11/2012)

Dec. 11, 2012

Dec. 11, 2012

PACER
16

MOTION for Extension of Time to File Response/Reply as to 13 MOTION to Certify Class and Memorandum in Support filed by Defendant Davis School District. (Attachments: # 1 Text of Proposed Order)(Kaiser, Kyle) (Entered: 12/19/2012)

Dec. 19, 2012

Dec. 19, 2012

PACER
17

ORDER granting 16 Motion for Extension of Time to File Response/Reply re 13 MOTION to Certify Class and Memorandum in Support. Responses due by 2/1/2013. Signed by Magistrate Judge Evelyn J. Furse on 12/21/12. (alp) (Entered: 12/21/2012)

Dec. 21, 2012

Dec. 21, 2012

PACER
18

RECEIVED Consent/Reassignment Form from Defendant Davis School District. (alp) (Entered: 12/21/2012)

Dec. 21, 2012

Dec. 21, 2012

PACER
19

RECEIVED Consent/Reassignment Form from Plaintiffs A.W., C.W.. (alp) (Entered: 12/21/2012)

Dec. 21, 2012

Dec. 21, 2012

PACER
20

CONSENT to Jurisdiction by US Magistrate Judge under 28 U.S.C. 636(c) by Plaintiffs A.W., C.W., Defendant Davis School District. (alp) (Entered: 12/21/2012)

Dec. 21, 2012

Dec. 21, 2012

PACER
21

NOTICE FROM THE COURT New rules governing civil cases are now in effect. The Approved Amendments to the Local Rules and Updated Rules are posted on the courts website. All new requirements are important but the most significant changes are in motion practice and sealed filings. Judge Furse will order that counsel refile summary judgment motions which do not follow the new standards.DUCivR 5-2 Filing Cases and Documents Under Court SealDUCivR 7-1 Motions and MemorandaDUCivR 26-2 Standard Protective Order and Stays of DepositionsDUCivR 56-1 Summary Judgment: Motions and Supporting Memoranda (euj) (Entered: 01/04/2013)

Jan. 4, 2013

Jan. 4, 2013

PACER
22

Joint MOTION to Dismiss filed by Plaintiffs A.W., C.W.. (Attachments: # 1 Exhibit Settlement Agreement, # 2 Text of Proposed Order Proposed Order)(Mejia, John) (Entered: 01/31/2013)

Jan. 31, 2013

Jan. 31, 2013

PACER
23

ORDER granting 22 Motion to Dismiss ; dismissing 2 Complaint with prejudice ; denying as moot 13 Motion to Certify Class ; the Court hereby incorporates the terms of the Universal Settlement and Release of All Claims into this Order, and retains jurisdiction for purposes of enforcing the terms of settlement agreement, as agreed to by the parties. See Fed. R. Civ. P. 41(a)(2); Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, 37881 (1994); Morris v. City of Hobart, 39 F.3d 1105, 1110-11 (10th Cir. 1994); Floyd v. Ortiz, 300 F.3d 1223, 1226 & n.3 (10th Cir. 2002). Case Closed. Signed by Magistrate Judge Evelyn J. Furse on 02/01/2013. (asp) (Entered: 02/04/2013)

Feb. 4, 2013

Feb. 4, 2013

PACER

Case Details

State / Territory: Utah

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 13, 2012

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Mother on behalf of her two schoolchildren

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Davis School District (Salt Lake City , Davis), School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Unknown

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 15,000

Issues

General:

Education

Gay/lesbian/transgender

Library (non-law) access

School/University Facilities

School/University policies

Discrimination-basis:

Sexual orientatation

Type of Facility:

Government-run