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

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10865847/parties/iversen-v-kent-school-district/


Judge(s)

Dwyer, William Lee (Washington)

Attorney for Plaintiff

Caplan, Aaron H. (Washington)

Flower, Aline (Washington)

Masters, Kenneth W (Washington)

Attorney for Defendant

Patterson, Michael A. (Washington)

Documents in the Clearinghouse

Documents in this case

2:97-cv-01194

Docket [PACER]

Iversen v. Kent School District

Aug. 25, 1999

Aug. 25, 1999

Docket

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10865847/iversen-v-kent-school-district/

Last updated June 14, 2026, 6:43 a.m.

ECF Number Date Description Link
1 July 23, 1997

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

RECAP
2 July 29, 1997

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

RECAP
3 July 29, 1997

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

RECAP
4 Aug. 12, 1997

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)

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5 Sept. 15, 1997

NOTICE by plaintiff of ASSOCIATION OF ATTORNEY Kenneth W Masters w/James W. Talbot (MD) (Entered: 09/16/1997)

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6 Sept. 16, 1997

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)

RECAP
7 Sept. 24, 1997

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

RECAP
8 Oct. 6, 1997

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)

RECAP
9 Oct. 6, 1997

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)

RECAP
10 Feb. 26, 1998

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)

RECAP
March 6, 1998

MAIL RETURNED: re: order [10-1] addressed to Kenneth W. Masters (MD)

11 April 1, 1998

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

RECAP
12 April 1, 1998

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

RECAP
April 1, 1998

LODGED ORDER: re: motion to withdraw attorney [11-1] (MD)

13 April 8, 1998

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

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14 April 20, 1998

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)

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May 11, 1998

PROPOSED notice of association of cnsl for pltf - Aline Flower is not a member of Federal Bar (notified cnsl) (MD)

15 May 19, 1998

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

RECAP
16 May 19, 1998

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

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17 May 28, 1998

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)

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18 May 28, 1998

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)

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19 May 28, 1998

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)

RECAP
May 28, 1998

LODGED ORDER: re: motion for order allowing pltfs' cnsl to contact current teachers within the Kent School dist [17-1] (dktclk)

20 June 5, 1998

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

RECAP
21 June 9, 1998

ATTORNEY APPEARANCE for plaintiff Mark Iversen by Aaron Caplan (MD) (Entered: 06/10/1998)

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22 June 12, 1998

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)

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23 June 17, 1998

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

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24 June 19, 1998

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

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25 June 25, 1998

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

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26 June 25, 1998

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

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27 June 25, 1998

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

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28 June 25, 1998

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

RECAP
June 25, 1998

LODGED ORDER: re: motion to amend complaint [25-1] (MD)

29 July 6, 1998

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

RECAP
30 July 6, 1998

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

RECAP
31 July 6, 1998

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

RECAP
July 6, 1998

LODGED ORDER: stipulated protective order (MD)

32 July 9, 1998

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

RECAP
33 July 15, 1998

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

RECAP
34 July 15, 1998

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

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35 July 15, 1998

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

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36 July 15, 1998

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

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37 July 15, 1998

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

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38 July 15, 1998

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

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39 July 16, 1998

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

RECAP
40 July 16, 1998

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

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41 July 16, 1998

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

RECAP
42 July 16, 1998

AFFIDAVIT OF SERVICE by defendant of motion to compel discovery and for reasonable expenses [39-1], etc (RS) (Entered: 07/17/1998)

RECAP
July 16, 1998

LODGED ORDER: re: motion to compel discovery and for reasonable expenses [39-1] (RS)

43 July 23, 1998

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

RECAP
44 July 23, 1998

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

RECAP
45 July 23, 1998

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

RECAP
46 July 23, 1998

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

RECAP
July 23, 1998

LODGED ORDER: re: motion to continue trial [43-1] (RS)

July 23, 1998

LODGED ORDER: re: motion to compel discovery re counselor, Cindy Rushin-Gallagher [45-1] (RS)

47 July 24, 1998

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

RECAP
48 July 27, 1998

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

RECAP
49 July 27, 1998

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

RECAP
50 July 27, 1998

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

RECAP
51 July 30, 1998

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

RECAP
52 July 30, 1998

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

RECAP
53 July 30, 1998

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

RECAP
54 July 30, 1998

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

RECAP
55 July 30, 1998

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

RECAP
56 July 30, 1998

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

RECAP
57 July 30, 1998

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

RECAP
58 July 30, 1998

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

RECAP
59 July 30, 1998

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

RECAP
60 July 30, 1998

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

RECAP
61 July 30, 1998

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

RECAP
62 July 30, 1998

DECLARATION of Mark Iversen re: memorandum [61-1] (MD) (Entered: 08/04/1998)

RECAP
63 July 30, 1998

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

RECAP
July 30, 1998

LODGED ORDER: re: motion to compel discovery and for reasonable expenses [39-1] (RS)

July 30, 1998

LODGED ORDER: re: motion for summary judgment [56-1] (RS)

July 31, 1998

LODGED ORDER: re: motion to compel discovery and for reasonable expenses [39-1] (MD)

64 Aug. 3, 1998

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

RECAP
Aug. 3, 1998

LODGED ORDER: re: granting defts motion to un-redact Cindy Rushin-Gallagher Records [64-1] (MD)

65 Aug. 5, 1998

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

RECAP
66 Aug. 5, 1998

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

RECAP
67 Aug. 6, 1998

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

RECAP
68 Aug. 6, 1998

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

RECAP
69 Aug. 6, 1998

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

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70 Aug. 6, 1998

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

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71 Aug. 7, 1998

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)

RECAP
72 Aug. 7, 1998

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)

RECAP
73 Aug. 7, 1998

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)

RECAP
74 Aug. 11, 1998

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

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75 Aug. 17, 1998

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

RECAP
76 Aug. 17, 1998

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)

RECAP
77 Aug. 18, 1998

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

RECAP
78 Aug. 20, 1998

ANSWER to first amended complaint [65-1] by defendant Doug Boushey, defendant Tom Watson, defendant Ben Dillard, defendant Gwen Dupree, defendant Jim Hager, defendant Kent School District (MD) (Entered: 08/21/1998)

RECAP
Aug. 20, 1998

LODGED ORDER: stipulation and order amending trial schedule (dktclk)

79 Aug. 21, 1998

STIPULATION and ORDER by Judge William L. Dwyer amending trial schedule. Discovery ddl not listed <date not set> ; mtn filing ddl listed <date not set> ; pretrial order ddl cont to 10/12/98 ; pltfs pretrial statement due 9/14/98; defts statement due 9/23/98; review of other parties exhibits 9/30/98; conference of attorneys 10/2/98; motions in limine due 10/2/98; pretrial conf cont to 8:00 10/22/98 ; trial brief ddl to 11/10/98 ; Voir dire/jy inst cont to 11/5/98 ; voir dire due 11/5/98; deliver of tagged exhibits 11/10/98; jury cont to 11/10/98 (cc: counsel, Judge) (MD) (Entered: 08/21/1998)

RECAP
80 Aug. 24, 1998

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)

RECAP
81 Aug. 24, 1998

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

RECAP
82 Aug. 24, 1998

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

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83 Aug. 24, 1998

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

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84 Aug. 27, 1998

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

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85 Aug. 27, 1998

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

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86 Aug. 27, 1998

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

RECAP

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

School District

Kent School District

Defendant Type(s):

Elementary/Secondary School

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Other Dockets:

Western District of Washington 2:97-cv-01194

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Develop anti-discrimination policy

Issues

General/Misc.:

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Failure to discipline

Failure to supervise

Discrimination Basis:

Sexual orientation

LGBTQ+:

LGBTQ+

Recommended Citation