Case: Johnson v. Gadsden City Schools

4:03-cv-02159 | U.S. District Court for the Northern District of Alabama

Filed Date: Aug. 5, 2003

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On August 5, 2003, parents, as next friends of their three minor, student daughters, filed a lawsuit in the United States District Court for the Northern District of Alabama under the Equal Protection Clause of the U.S. Constitution, 42 U.S.C. § 1983, and Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq. against Gadsden City School District and its superintendent. Plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, claiming t…

On August 5, 2003, parents, as next friends of their three minor, student daughters, filed a lawsuit in the United States District Court for the Northern District of Alabama under the Equal Protection Clause of the U.S. Constitution, 42 U.S.C. § 1983, and Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq. against Gadsden City School District and its superintendent. Plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, claiming that Gadsden City Schools had violated Title IX of the Education Amendment of 1972, 20 U.S.C. § 1681 by denying plaintiffs' daughters' an equal opportunity to participate in interscholastic and other school-sponsored athletics and the equal treatment and benefits that must necessarily accompany them.

Specifically, plaintiffs claimed that Gadsden City Schools discriminated against plaintiffs' daughters in the accommodation of student interests and abilities; the funding of athletics; access to equipment and supplies; the scheduling of games and practice times; travel; the assignment and compensation of coaches; and the provision of locker rooms and facilities for both practice and competition and training facilities and services.

On October 15, 2003, the United States District Court for the Northern District of Alabama (Judge Robert B. Propst) dismissed with prejudice all claims against the superintendent. On May 7, 2004, the parties entered into a settlement agreement, settling all issues except the payment of attorneys' fees. On November 2, 2004, the Court dismissed with prejudice all claims in accordance with the parties' settlement agreement. On November 5, 2004, the parties entered into another settlement agreement settling the issue of attorneys' fees for $43,000.

The case was closed on November 2, 2004.

Summary Authors

Heather Turner (3/24/2014)

People


Judge(s)

Propst, Robert Bruce (Alabama)

Attorney for Plaintiff

Schiller, Samuel (Tennessee)

Yasser, Raymond (Oklahoma)

Attorney for Defendant

Knowles, Christie D (Alabama)

Sullivan, Joshua B. (Alabama)

Judge(s)

Propst, Robert Bruce (Alabama)

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Documents in the Clearinghouse

Document

4:03-cv-02159

Docket

Johnson v. Gadsden City School District

Nov. 5, 2004

Nov. 5, 2004

Docket
1

4:03-cv-02159

Complaint

Johnson v. Garden City School District

Aug. 5, 2003

Aug. 5, 2003

Complaint
14

4:03-cv-02159

Dismissal Order

Johnson v. Gadsen City School District

Oct. 15, 2003

Oct. 15, 2003

Order/Opinion
19

4:03-cv-02159

Order

Johnson v. Gadsen City School District

Nov. 2, 2004

Nov. 2, 2004

Order/Opinion
20

4:03-cv-02159

Settlement Agreemement

Johnson v. Gadsen City School District

Nov. 5, 2004

Nov. 5, 2004

Settlement Agreement

Docket

Last updated Feb. 22, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed, amount paid $ 150, receipt # 200−193732 (Former Employee) (Entered: 08/05/2003)

Aug. 5, 2003

Aug. 5, 2003

2

MOTION by plaintiffs for attorney Samuel J Schiller to appear pro hac vice filed cs (Former Employee) (Entered: 08/05/2003)

Aug. 5, 2003

Aug. 5, 2003

3

MOTION by plaintiffs for attorney Ray Yasser to appear pro hac vice filed cs (Former Employee) (Entered: 08/05/2003)

Aug. 5, 2003

Aug. 5, 2003

PRO HAC VICE admission fee of $100 paid on 8/5/03 receipt #200−193733 [2−1] [3−1] (Former Employee) (Entered: 08/05/2003)

Aug. 5, 2003

Aug. 5, 2003

4

2 − ORDER granting motion for attorney Samuel J Schiller to appear pro hac vice [2−1] ( by Judge Robert B. Propst ) entered cm (MAA) (Entered: 08/11/2003)

Aug. 11, 2003

Aug. 11, 2003

5

3 − ORDER granting motion for attorney Ray Yasser to appear pro hac vice [3−1] ( by Judge Robert B. Propst ) entered cm (MAA) (Entered: 08/11/2003)

Aug. 11, 2003

Aug. 11, 2003

6

WAIVER of service by defendant Bob Russell, Superintendent of Gadsden City School District filed (MAA) (Entered: 09/24/2003)

Sept. 22, 2003

Sept. 22, 2003

7

ANSWER by defendant Gadsden City Schools w/appear by atty(s) Joshua B Sullivan, Christie D Knowles filed cs (MAA) (Entered: 09/25/2003)

Sept. 25, 2003

Sept. 25, 2003

8

MOTION by defendant Bob Russell to dismiss filed cs (MAA) (Entered: 09/25/2003)

Sept. 25, 2003

Sept. 25, 2003

9

ORDER (Submission) that the motion to dismiss [8−1] is submitted; pla to respond to said motion within 10 workings days; dfts may reply within 7 working days thereafter; initial briefs are limited to 25 pages; reply briefs 14 pages filed ( Magistrate−Judge Paul W. Greene for Robert R. Propst ) cm (KSS) (Entered: 09/26/2003)

Sept. 26, 2003

Sept. 26, 2003

DOCKET modification (utility event) ; Pretrial scheduling conf set for 2/27/04 (SCL) (Entered: 10/01/2003)

Oct. 1, 2003

Oct. 1, 2003

10

ORDER scheduling that ;discovery cutoff 2/22/04 ; notice of compliance 10/18/03,other time limits as set out by Judge Robert B. Propst entered cm (MAA) (Entered: 10/03/2003)

Oct. 3, 2003

Oct. 3, 2003

11

RESPONSE by plaintiff to dft's motion to dismiss [8−1] filed cs (MAA) (Entered: 10/06/2003)

Oct. 6, 2003

Oct. 6, 2003

12

8 − ORDER granting motion to dismiss Bob Russell as a dft [8−1] ( by Judge Robert B. Propst ) entered cm (KAM) (Entered: 10/10/2003)

Oct. 10, 2003

Oct. 10, 2003

DOCKET modification (utility event) to dismiss party Bob Russell see order #12 (KAM) (Entered: 10/10/2003)

Oct. 10, 2003

Oct. 10, 2003

13

NOTICE of compliance by defendant Gadsden City Schools with [10−1] filed cs (MAA) (Entered: 10/14/2003)

Oct. 10, 2003

Oct. 10, 2003

14

ORDER −Pursuant to order of 10/10/03, all claims against Bob Russell in his official capacity as Superintendent of the Gadsden City School District are DISMISSED WITH PREJUDICE filed ( by Judge Robert B. Propst ) cm (MAA) (Entered: 10/15/2003)

Oct. 15, 2003

Oct. 15, 2003

16

NOTICE of compliance by plaintiff Russell Johnson, plaintiff Mary Johnson with [10−1] filed cs (MAA) (Entered: 10/17/2003)

Oct. 17, 2003

Oct. 17, 2003

17

15 − ORDER granting motion to amend scheduling oder to extend discovery to 6/1/04, all potentially dispositive motions to 7/1/04 [15−1] and other ddls as set out ( by Judge Robert B. Propst ) entered cm (MAA) Modified on 10/21/2003 (Entered: 10/21/2003)

Oct. 20, 2003

Oct. 20, 2003

DOCKET modification (utility event) ; Discovery cutoff 6/1/04 (MAA) (Entered: 10/21/2003)

Oct. 21, 2003

Oct. 21, 2003

DOCKET modification (utility event) ; Pretrial scheduling conf reset for 8/27/04 (SCL) (Entered: 12/04/2003)

Dec. 4, 2003

Dec. 4, 2003

DOCKET modification (utility event) ; Pretrial scheduling conf reset for 8/30/04 (SCL) (Entered: 01/27/2004)

Jan. 27, 2004

Jan. 27, 2004

DOCKET modification (utility event) ; Pretrial scheduling conf reset for 8/27/04 (SCL) (Entered: 01/29/2004)

Jan. 29, 2004

Jan. 29, 2004

DOCKET modification (utility event) ; Pretrial scheduling conf reset for 8/30/04 (SCL) (Entered: 03/22/2004)

March 22, 2004

March 22, 2004

DOCKET modification (utility event) ; Pretrial scheduling conf reset for 11/22/04 ; case has settled (SCL) (Entered: 08/24/2004)

Aug. 24, 2004

Aug. 24, 2004

18

MOTION by defendant Gadsden City Schools, plaintiff Mary Johnson, plaintiff Russell Johnson to dismiss filed (MAA) (Entered: 10/28/2004)

Oct. 27, 2004

Oct. 27, 2004

19

ORDER −After consideration of joint motion to dismiss, it is ORDERED that above−styled claim and cause of action be dismissed with prejudice in accordance with parties Settlement Agreement to dismiss case filed ( by Judge Robert B. Propst ) cm (MAA) (Entered: 11/02/2004)

Nov. 2, 2004

Nov. 2, 2004

20

NOTICE of settlement agreement filed by defendant, plaintiff (MAA) (Entered: 11/08/2004)

Nov. 5, 2004

Nov. 5, 2004

Case Details

State / Territory: Alabama

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 5, 2003

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Parents as next friends of their three minor student daughters.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Gadsden City School District (Gadsen, Etowah), School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Mixed

Nature of Relief:

Attorneys fees

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

Discrimination-area:

Sports

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

Type of Facility:

Government-run