Case: Iversen v. Kent Sch. Dist.

2:97-cv-01194 | U.S. District Court for the Western District of Washington

Filed Date: July 23, 1997

Closed Date: 1999

Clearinghouse coding complete

Case Summary

On July 23, 1997, the American Civil Liberties Union of Washington filed this lawsuit under 42 U.S.C. § 1983 and Equal Protection in the U.S. District Court for the Western District of Washington. The ACLU sued the Kent School District and five administrators on behalf of a former student, alleging that the Kent School District and the administration failed to protect the student against anti-gay harassment. The lawsuit named two district officials as well as principals at three district school…

On July 23, 1997, the American Civil Liberties Union of Washington filed this lawsuit under 42 U.S.C. § 1983 and Equal Protection in the U.S. District Court for the Western District of Washington. The ACLU sued the Kent School District and five administrators on behalf of a former student, alleging that the Kent School District and the administration failed to protect the student against anti-gay harassment. The lawsuit named two district officials as well as principals at three district schools. The plaintiffs sought monetary damages, stricter enforcement of the anti-harassment policy, and stronger protections in the school policy for targeted students.

In the suit, the ACLU claimed that the former had been harassed from 7th grade up to high school. He switched high schools four times, without any change in the harassment. The incidents included being pushed into lockers with a broomstick while two teachers watched without interfering; being told by an instructor: "I already have 20 girls in my class. I don't need another"; being questioned by an instructor whether Mark was qualified to give blood based on the perception that Mark was gay; being banned from the classroom after reporting to a teacher he had been suffering based on his sexual orientation.

On July 30, defendants filed a motion for summary judgment. On September 8, 1998, the court (Judge William Dwyer) granted in part and denied in part. The parties continued to engage in discovery and prepared for trial.

The pre-trial was held on October 22, 1998, and the parties engaged in a settlement conference on October 29, 1998. Eventually, the lawsuit was settled for $40,000 and a guarantee from the district that there would be training on the subject of anti-gay harassment. Further, the district agreed to maintain measures which educate teachers and administrators about student-to-student harassment and discrimination based on sexual orientation.

On November 6, 1998, the court dismissed Kent School District with prejudice and without costs, and the matter having been fully resolved.

Summary Authors

Ginny Lee (3/6/2017)

People


Judge(s)

Dwyer, William Lee (Washington)

Attorneys(s) for Plaintiff

Caplan, Aaron H. (Washington)

Flower, Aline (Washington)

Masters, Kenneth W (Washington)

Talbot, James W (Washington)

Wing, Jesse (Washington)

Attorneys(s) for Defendant

Patterson, Michael A. (Washington)

Judge(s)

Dwyer, William Lee (Washington)

Attorneys(s) for Plaintiff

Caplan, Aaron H. (Washington)

Flower, Aline (Washington)

Masters, Kenneth W (Washington)

Talbot, James W (Washington)

Wing, Jesse (Washington)

Attorneys(s) for Defendant

Patterson, Michael A. (Washington)

Documents in the Clearinghouse

Document

2:97-cv-01194

Docket [PACER]

Iversen v. Kent School District

Aug. 25, 1999

Aug. 25, 1999

Docket

Resources

Docket

Last updated July 20, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Summons(es) issued) Receipt # 242877 (MD) (Entered: 07/24/1997)

July 23, 1997

July 23, 1997

2

ORDER/NOTICE OF JOINT STATUS REPORT Joint Status Report due 9/23/97 (cc: counsel, Judge) (dktclk) (Entered: 07/29/1997)

July 29, 1997

July 29, 1997

3

PROCEDURAL ORDER RE: DISCOVERY &DEPOSITIONS by Judge William L. Dwyer (cc: counsel, Judge) (dktclk) (Entered: 07/29/1997)

July 29, 1997

July 29, 1997

4

ATTORNEY APPEARANCE for defendant Kent School District, defendant Jim Hager, defendant Gwen Dupree, defendant Ben Dillard, defendant Tom Watson, defendant Doug Boushey by Michael Alexander Patterson (MD) (Entered: 08/12/1997)

Aug. 12, 1997

Aug. 12, 1997

6

ANSWER to complaint [1−1] by defendant Kent School District, defendant Jim Hager, defendant Gwen Dupree, defendant Ben Dillard, defendant Tom Watson, defendant Doug Boushey; jury demand (MD) (Entered: 09/17/1997)

Sept. 16, 1997

Sept. 16, 1997

7

JOINT STATUS REPORT filed by all parties. Est. Trial Days: 10 days (MD) (Entered: 09/25/1997)

Sept. 24, 1997

Sept. 24, 1997

8

ORDER by Judge William L. Dwyer setting trial and related dates. Last date for adding new parties is 11/10/97; discovery ddl set for 7/20/98 ; mtn filing ddl set for 7/30/98 ; motions in limine due 9/10/98; pretrial order ddl set for 9/24/98 ; pretrial conf set for 10:30 9/28/98 ; trial brief ddl set for 10/15/98 ; Voir dire/jy inst set for 10/15/98 ; jury trial set for 10/20/98 (cc: counsel, Judge) (MD) (Entered: 10/08/1997)

Oct. 6, 1997

Oct. 6, 1997

9

ORDER by Judge William L. Dwyer ; 39.1 designation effective now, settlement conference of cnsl must be held not later than 7/6/98 (cc: counsel, Judge) (MD) (Entered: 10/08/1997)

Oct. 6, 1997

Oct. 6, 1997

10

ORDER by Judge William L. Dwyer, withdrawal and substitution of cnsl for pltf. Attorney Kenneth W. Masters left Edwards, Sieth, Hathaway Smith and Goodfriend and went with Wiggins Law Offices. (cc: counsel, Judge, Nealann) (MD) (Entered: 02/26/1998)

Feb. 26, 1998

Feb. 26, 1998

MAIL RETURNED: re: order [10−1] addressed to Kenneth W. Masters (MD) (Entered: 03/09/1998)

March 6, 1998

March 6, 1998

11

MOTION by plaintiff to withdraw attorney NOTED FOR 4/17/98 (MD) (Entered: 04/02/1998)

April 1, 1998

April 1, 1998

12

DECLARATION of Kenneth W. Masters re motion to withdraw attorney [11−1] (MD) (Entered: 04/02/1998)

April 1, 1998

April 1, 1998

LODGED ORDER: re: motion to withdraw attorney [11−1] (MD) (Entered: 04/02/1998)

April 1, 1998

April 1, 1998

13

RESPONSE by defendants to Masters motion to withdraw attorney [11−1] (MD) (Entered: 04/09/1998)

April 8, 1998

April 8, 1998

14

ORDER by Judge William L. Dwyer GRANTING motion to withdraw attorney [11−1] attorney Kenneth W Masters for Mark Iversen (cc: all counsel, Judge) (MD) (Entered: 04/20/1998)

April 20, 1998

April 20, 1998

PROPOSED notice of association of cnsl for pltf − Aline Flower is not a member of Federal Bar (notified cnsl) (MD) (Entered: 05/12/1998)

May 11, 1998

May 11, 1998

15

NOTICE by plaintiff Mark Iversen of ASSOCIATION OF ATTORNEY Aline Flower with James W. Talbot (MD) (Entered: 05/20/1998)

May 19, 1998

May 19, 1998

16

AFFIDAVIT OF SERVICE by plaintiff of attorney association [15−1] (MD) (Entered: 05/20/1998)

May 19, 1998

May 19, 1998

17

MOTION by plaintiff for order allowing pltfs' cnsl to contact current teachers within the Kent School dist NOTED FOR 6/12/98 (dktclk) (Entered: 05/29/1998)

May 28, 1998

May 28, 1998

18

MEMORANDUM by plaintiff in support of motion for order allowing pltfs' cnsl to contact current teachers within the Kent School dist [17−1] (dktclk) (Entered: 05/29/1998)

May 28, 1998

May 28, 1998

19

DECLARATION of James W. Talbot re motion for order allowing pltfs' cnsl to contact current teachers within the Kent School dist [17−1] (dktclk) (Entered: 05/29/1998)

May 28, 1998

May 28, 1998

LODGED ORDER: re: motion for order allowing pltfs' cnsl to contact current teachers within the Kent School dist [17−1] (dktclk) (Entered: 05/29/1998)

May 28, 1998

May 28, 1998

20

WITNESS LIST/DESIGNATION OF EXPERT WITNESSES submitted by defendant (MD) (Entered: 06/08/1998)

June 5, 1998

June 5, 1998

22

WITHDRAWAL by plaintiff of motion for order allowing pltfs' cnsl to contact current teachers within the Kent School dist [17−1] (MD) (Entered: 06/15/1998)

June 12, 1998

June 12, 1998

23

AFFIDAVIT OF SERVICE upon defendant Jim Hager of summons/complaint on 6/16/98 (MD) (Entered: 06/18/1998)

June 17, 1998

June 17, 1998

24

WITNESS LIST (expert rebuttal witnesses) submitted by defendant (MD) (Entered: 06/23/1998)

June 19, 1998

June 19, 1998

25

MOTION by plaintiff to amend complaint NOTED FOR 7/10/98 (MD) (Entered: 06/26/1998)

June 25, 1998

June 25, 1998

26

MEMORANDUM by plaintiff in support of motion to amend complaint [25−1] (MD) (Entered: 06/26/1998)

June 25, 1998

June 25, 1998

27

DECLARATION of Aaron H. Caplan in support of motion to amend complaint [25−1] (MD) (Entered: 06/26/1998)

June 25, 1998

June 25, 1998

LODGED ORDER: re: motion to amend complaint [25−1] (MD) (Entered: 06/26/1998)

June 25, 1998

June 25, 1998

28

AFFIDAVIT OF SERVICE by plaintiff Mark Iversen of motion to amend complaint [25−1] (MD) (Entered: 06/26/1998)

June 25, 1998

June 25, 1998

LODGED ORDER: stipulated protective order (MD) (Entered: 07/06/1998)

July 6, 1998

July 6, 1998

29

PROTECTIVE ORDER (stipulated) by Judge William L. Dwyer : (cc: counsel, Judge) (dktclk) (Entered: 07/06/1998)

July 6, 1998

July 6, 1998

30

MEMORANDUM by defendant in opposition to pltf's motion to amend complaint [25−1] (MD) (Entered: 07/08/1998)

July 6, 1998

July 6, 1998

31

AFFIDAVIT OF SERVICE by defendant of memorandum [30−1] (MD) (Entered: 07/08/1998)

July 6, 1998

July 6, 1998

32

REPLY memorandum in support of motion to amend complaint by American Civil Liberties Union [25−1] (MD) (Entered: 07/13/1998)

July 9, 1998

July 9, 1998

33

ORDER by Judge William L. Dwyer GRANTING pltf's motion to amend complaint [25−1] (cc: counsel, Judge) (RS) (Entered: 07/15/1998)

July 15, 1998

July 15, 1998

34

AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA of Beth Reis MS on 7/10/98 (RS) (Entered: 07/17/1998)

July 15, 1998

July 15, 1998

35

AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA of Tabitha Diaz on 7/11/98 (RS) (Entered: 07/17/1998)

July 15, 1998

July 15, 1998

36

AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA of Carol Turnidge on 7/11/98 (RS) (Entered: 07/17/1998)

July 15, 1998

July 15, 1998

37

AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA of Robert Fitzgerald on 7/11/98 (RS) (Entered: 07/17/1998)

July 15, 1998

July 15, 1998

38

AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA of John Ranney on 7/11/98 (RS) (Entered: 07/17/1998)

July 15, 1998

July 15, 1998

39

MOTION by defendants to compel discovery and for reasonable expenses NOTED FOR 7/31/98 (RS) (Entered: 07/17/1998)

July 16, 1998

July 16, 1998

40

MEMORANDUM by defendants in support of motion to compel discovery and for reasonable expenses [39−1] (RS) (Entered: 07/17/1998)

July 16, 1998

July 16, 1998

41

DECLARATION of Michael Patterson re motion to compel discovery and for reasonable expenses [39−1] with exhibits attached (RS) (Entered: 07/17/1998)

July 16, 1998

July 16, 1998

LODGED ORDER: re: motion to compel discovery and for reasonable expenses [39−1] (RS) (Entered: 07/17/1998)

July 16, 1998

July 16, 1998

43

MOTION by defendants to continue trial OA REQ'D NOTED FOR 8/7/98 (RS) (Entered: 07/24/1998)

July 23, 1998

July 23, 1998

44

DECLARATION of Michael Patterson re motion to continue trial [43−1] (RS) (Entered: 07/24/1998)

July 23, 1998

July 23, 1998

LODGED ORDER: re: motion to continue trial [43−1] (RS) (Entered: 07/24/1998)

July 23, 1998

July 23, 1998

45

MOTION by defendants to compel discovery re counselor, Cindy Rushin−Gallagher NOTED FOR 8/7/98 (RS) (Entered: 07/24/1998)

July 23, 1998

July 23, 1998

LODGED ORDER: re: motion to compel discovery re counselor, Cindy Rushin−Gallagher [45−1] (RS) (Entered: 07/24/1998)

July 23, 1998

July 23, 1998

46

AFFIDAVIT OF SERVICE by defendant of motion to continue trial [43−1] etc (RS) (Entered: 07/24/1998)

July 23, 1998

July 23, 1998

47

DECLARATION of Michael Patterson by defendant re motion to continue trial [43−1] (RS) (Entered: 07/28/1998)

July 24, 1998

July 24, 1998

48

RESPONSE (OPPOSITION) by plaintiff to motion to compel discovery and for reasonable expenses [39−1] (RS) (Entered: 07/29/1998)

July 27, 1998

July 27, 1998

49

DECLARATION of Alice Iversen by plaintiff re: motion response [48−1] (RS) (Entered: 07/29/1998)

July 27, 1998

July 27, 1998

50

DECLARATION of Aaron Caplan by plaintiff re: motion response [48−1] (RS) (Entered: 07/29/1998)

July 27, 1998

July 27, 1998

51

REPLY by defendant TO RESPONSE to motion to compel discovery and for reasonable expenses [39−1] (RS) (Entered: 07/31/1998)

July 30, 1998

July 30, 1998

52

SECOND DECLARATION of Michael Patterson re: motion reply [51−1] (RS) (Entered: 07/31/1998)

July 30, 1998

July 30, 1998

53

DECLARATION of Keith Klug re: motion reply [51−1] (RS) (Entered: 07/31/1998)

July 30, 1998

July 30, 1998

54

DECLARATION of Patricia Buchanan re: motion reply [51−1] (RS) (Entered: 07/31/1998)

July 30, 1998

July 30, 1998

LODGED ORDER: re: motion to compel discovery and for reasonable expenses [39−1] (RS) (Entered: 07/31/1998)

July 30, 1998

July 30, 1998

55

AFFIDAVIT OF SERVICE by defendant of motion reply [51−1] (RS) (Entered: 07/31/1998)

July 30, 1998

July 30, 1998

56

MOTION by defendants for summary judgment OA REQ'D NOTED FOR 8/28/98 (RS) (Entered: 07/31/1998)

July 30, 1998

July 30, 1998

57

DECLARATION of Michael Patterson by defendant re motion for summary judgment [56−1] (RS) (Entered: 07/31/1998)

July 30, 1998

July 30, 1998

LODGED ORDER: re: motion for summary judgment [56−1] (RS) (Entered: 07/31/1998)

July 30, 1998

July 30, 1998

58

AFFIDAVIT OF SERVICE by defendant of motion for summary judgment [56−1] (RS) (Entered: 07/31/1998)

July 30, 1998

July 30, 1998

59

MEMORANDUM by plaintiff in opposition to motion to compel discovery re counselor, Cindy Rushin−Gallagher [45−1] (MD) (Entered: 08/04/1998)

July 30, 1998

July 30, 1998

60

DECLARATION of Aaron H. Caplan re: memorandum [59−1] (MD) (Entered: 08/04/1998)

July 30, 1998

July 30, 1998

61

MEMORANDUM by plaintiff in opposition to motion to continue trial OA REQ'D [43−1] (MD) (Entered: 08/04/1998)

July 30, 1998

July 30, 1998

63

AFFIDAVIT OF SERVICE by plaintiff Mark Iversen of memorandum [59−1] (MD) (Entered: 08/04/1998)

July 30, 1998

July 30, 1998

LODGED ORDER: re: motion to compel discovery and for reasonable expenses [39−1] (MD) (Entered: 08/03/1998)

July 31, 1998

July 31, 1998

64

NOTICE by defendants of withdrawal of portions of motion to compel discovery re counselor, Cindy Rushin−Gallagher (MD) (Entered: 08/04/1998)

Aug. 3, 1998

Aug. 3, 1998

LODGED ORDER: re: granting defts motion to un−redact Cindy Rushin−Gallagher Records [64−1] (MD) (Entered: 08/04/1998)

Aug. 3, 1998

Aug. 3, 1998

65

AMENDED COMPLAINT (first) [1−1] by plaintiff Mark Iversen (MD) (Entered: 08/05/1998)

Aug. 5, 1998

Aug. 5, 1998

66

AFFIDAVIT OF SERVICE by plaintiff of first amended complaint [65−1] (MD) (Entered: 08/05/1998)

Aug. 5, 1998

Aug. 5, 1998

67

REPLY by defendants to pltf's opposition to motion to compel discovery re: counselor Cindy Rushin−Gallagher[45−1] (MD) (Entered: 08/10/1998)

Aug. 6, 1998

Aug. 6, 1998

68

DECLARATION of Patricia K. Buchanan re: reply [67−1] (MD) (Entered: 08/10/1998)

Aug. 6, 1998

Aug. 6, 1998

69

REPLY by defendants to pltf's opposition to cont trial date [43−1] (MD) (Entered: 08/10/1998)

Aug. 6, 1998

Aug. 6, 1998

70

AFFIDAVIT OF SERVICE by defendant of reply [67−1] et al (MD) (Entered: 08/10/1998)

Aug. 6, 1998

Aug. 6, 1998

71

ORDER by Judge William L. Dwyer, on defts' 7/23/98 motion to compel discovery. Pltf's cnsl are directed to deliver the redacted portions to 502 US Courthouse, Seattle for in Camera review. No terms are awarded on this motion. (cc: counsel, Judge) (MD) (Entered: 08/10/1998)

Aug. 7, 1998

Aug. 7, 1998

72

ORDER by Judge William L. Dwyer GRANTING in part and DENIED IN PART defts' motion to compel discovery and for reasonable expenses [39−1] (cc: counsel, Judge) (MD) (Entered: 08/10/1998)

Aug. 7, 1998

Aug. 7, 1998

73

ORDER by Judge William L. Dwyer GRANTING defts' motion to continue trial [43−1]. Trial cont to 8:45 11/10/98. Supplemental discovery limited to the recently−added negligence claim may be taken, to be completed by 9/11/98. There will be no undue repetition of discovery already obtained. (cc: counsel, Judge) (MD) (Entered: 08/10/1998)

Aug. 7, 1998

Aug. 7, 1998

74

MINUTE ORDER: by Judge William L. Dwyer ; pretrial conf reset to 8:00 10/22/98 (cc: counsel, Judge) (MD) (Entered: 08/12/1998)

Aug. 11, 1998

Aug. 11, 1998

75

SUPPLEMENT by defendants re: disclosure of expert rebuttal witnesses (MD) (Entered: 08/18/1998)

Aug. 17, 1998

Aug. 17, 1998

76

MINUTE ORDER: by Judge William L. Dwyer, pursuant to an order entered 8/7/98, pltf's cnsl has delivered unredacted versions of certain documents for in camera review. The court finds thatthey contain nothing that is relevant, or admissible, or reasonably calculated to lead to the discovery of admissible evidence. Accordingly, they need not be produced. So that the record is preserved, the clerk is directed to keep the unredacted documents as part of the court file, under seal. (cc: counsel, Judge) (MD) (Entered: 08/18/1998)

Aug. 17, 1998

Aug. 17, 1998

77

MOTION by plaintiff for reconsideration re: 8/7/98 discovery order NOTED FOR 8/21/98 (MD) (Entered: 08/19/1998)

Aug. 18, 1998

Aug. 18, 1998

LODGED ORDER: stipulation and order amending trial schedule (dktclk) (Entered: 08/20/1998)

Aug. 20, 1998

Aug. 20, 1998

78

ANSWER to first amended complaint [65−1] by defendant Doug Boushey, defendant Tom Watson, defendant Ben Dillard, defendant Gwen Dupree, defendant

Aug. 20, 1998

Aug. 20, 1998

80

MINUTE ORDER: by Judge William L. Dwyer RE− NOTED FOR 9/4/98 motion for reconsideration re: 8/7/98 discovery order. Defts are directed to serve and file a response by 9/3/98. (cc: counsel, Judge) (MD) (Entered: 08/25/1998)

Aug. 24, 1998

Aug. 24, 1998

81

MEMORANDUM by plaintiff Mark Iversen in opposition to motion for summary judgment OA REQ'D [56−1] (MD) (Entered: 08/25/1998)

Aug. 24, 1998

Aug. 24, 1998

82

DECLARATION of Aaron H. Caplan re: memorandum [81−1] w/attachments (MD) (Entered: 08/25/1998)

Aug. 24, 1998

Aug. 24, 1998

83

AFFIDAVIT OF SERVICE by plaintiff Mark Iversen of memorandum [81−1] (MD) (Entered: 08/25/1998)

Aug. 24, 1998

Aug. 24, 1998

84

REPLY by defendant to pltf's opposition to defts' motion for sj, Oral Argument Requested[56−1] (MD) (Entered: 08/28/1998)

Aug. 27, 1998

Aug. 27, 1998

85

DECLARATION of Kenneth E. Hepworth re: reply [84−1] (MD) (Entered: 08/28/1998)

Aug. 27, 1998

Aug. 27, 1998

86

AFFIDAVIT OF SERVICE by defendant of reply [84−1] (MD) (Entered: 08/28/1998)

Aug. 27, 1998

Aug. 27, 1998

87

SUPPLEMENT (amended) by defendant re: supplemental disclosure of expert rebuttal witnesses[75−1] (MD) (Entered: 08/31/1998)

Aug. 28, 1998

Aug. 28, 1998

88

MOTION by plaintiff for order to terminate deposition, to exclude documents at trial and for sanctions NOTED FOR 9/18/98 (PM) (Entered: 09/04/1998)

Sept. 3, 1998

Sept. 3, 1998

89

MEMORANDUM by plaintiff in support of motion to terminate deposition, to exclude documents at trial and for sanctions [88−1] (PM) (Entered: 09/04/1998)

Sept. 3, 1998

Sept. 3, 1998

90

DECLARATION of James W. Talbot by plaintiff re motion for order to terminate deposition, to exclude documents at trial and for sanctions [88−1] (PM) (Entered: 09/04/1998)

Sept. 3, 1998

Sept. 3, 1998

LODGED ORDER: re: motion for order to terminate deposition, to exclude documents at trial and for sanctions [88−1] (PM) (Entered: 09/04/1998)

Sept. 3, 1998

Sept. 3, 1998

Case Details

State / Territory: Washington

Case Type(s):

Education

Key Dates

Filing Date: July 23, 1997

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An 18-year-old student in the Kent School District who suffered from anti-gay harassment and violence.

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Kent School District (Kent), School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Develop anti-discrimination policy

Issues

General:

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Failure to discipline

Failure to supervise

Gay/lesbian/transgender

Discrimination-basis:

Sexual orientatation

Type of Facility:

Government-run