Case: D.H. v. Moss Point School District

1:13-cv-00466 | U.S. District Court for the Southern District of Mississippi

Filed Date: Dec. 17, 2013

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On December 17, 2013, D.H., a lesbian student in Moss Pointe School District, filed this federal lawsuit against Moss Point School District ("MPSD") in the United States District Court for the Southern District of Mississippi. Represented by the Southern Poverty Law Center, the plaintiff alleged MPSD violated Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and the Equal Protection clause of the Fourteenth Amendment to the U.S. Constitution. She sought injunctive relief, …

On December 17, 2013, D.H., a lesbian student in Moss Pointe School District, filed this federal lawsuit against Moss Point School District ("MPSD") in the United States District Court for the Southern District of Mississippi. Represented by the Southern Poverty Law Center, the plaintiff alleged MPSD violated Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and the Equal Protection clause of the Fourteenth Amendment to the U.S. Constitution. She sought injunctive relief, damages, and attorneys' fees and costs.

Specifically, the plaintiff's complaint alleged that the school district had discriminated against D.H. on the basis of her gender expression and sexual orientation by failing to adequately protect D.H. from harassment by employees and students. While attending Moss Pointe Middle School, students and staff referred to D.H. as "it" and "he/she." On several occasions the staff refused to let her participate in gender segregated activities, claiming they did not know her gender, and refused to let her use the women's bathroom. The plaintiff's complaint also alleged that the school district's acts and omissions surrounding the harassment created a hostile climate that deprived D.H. of access to educational opportunities.

On January 27, 2015, D.H. and MPSD reached a settlement agreement. The agreement is not published, but the Southern Poverty Law Center wrote a summary providing general details of the agreement. According to the summary, within the settlement the school district agreed to implement new anti-bullying and discrimination policies and publish them in the parent/student and employee handbooks as well as on the school district's website. MPSD also agreed to adopt and implement new equal educational opportunity policies geared toward prohibiting discrimination on the basis of gender identity or expression and sexual orientation. Lastly, MPSD agreed to reform its procedures for addressing student and parent complaints of bullying and harassment. The financial terms of the settlement were not disclosed.

The case was dismissed with prejudice as to all parties on February 18, 2015. The court retains jurisdiction to enforce the settlement agreement.

Summary Authors

Heather Turner (6/6/2014)

Mackenzie Walz (11/8/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13183082/parties/dh-v-moss-point-school-district/


Judge(s)

Ozerden, Halil Suleyman (Mississippi)

Walker, Robert H. (Mississippi)

Attorneys(s) for Plaintiff

Ittelson, Alesdair (Alabama)

Johnson, Elissa F (Mississippi)

Nair, Anjali (Alabama)

Owens, Jody E. II (Mississippi)

Wolfe, Samuel (Alabama)

Attorneys(s) for Defendant

Hooks, John Simeon (Mississippi)

Keith, James Allen (Mississippi)

Judge(s)

Ozerden, Halil Suleyman (Mississippi)

Walker, Robert H. (Mississippi)

Attorneys(s) for Plaintiff

Ittelson, Alesdair (Alabama)

Johnson, Elissa F (Mississippi)

Nair, Anjali (Alabama)

Owens, Jody E. II (Mississippi)

Wolfe, Samuel (Alabama)

Attorneys(s) for Defendant

Hooks, John Simeon (Mississippi)

Keith, James Allen (Mississippi)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 2, 2016 Docket
1

Complaint

Dec. 17, 2013 Complaint

Resources

Title Description External URL

D.H. v. Moss Point School District, et al.

Southern Poverty Law Center

Destin Holmes was subjected to pervasive anti-LGBT bullying and harassment by fellow students, faculty and even administrators within the schools of Mississippi’s Moss Point School District. The hara… Dec. 17, 2013 https://www.splcenter.org/seeking-justice/case-docket/dh-v-moss-point-school-district-et-al

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13183082/dh-v-moss-point-school-district/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Maggie Griffin, Moss Point School Board, Moss Point School District, Durand Payton ( Filing fee $ 400.00 receipt number 14643005255) filed by D. H.. (Attachments: # 1 Civil Cover Sheet)(PKS) (Entered: 12/17/2013)

1 Civil Cover Sheet

View on RECAP

Dec. 17, 2013 PACER
2

Summons Issued as to Maggie Griffin, Moss Point School Board, Moss Point School District, Durand Payton. (PKS) (Entered: 12/17/2013)

Dec. 17, 2013 PACER
3

*RESTRICTED* DOCUMENT - Unredacted Complaint. (JCH) (Entered: 12/26/2013)

Dec. 26, 2013 PACER
4

WAIVER OF SERVICE Returned Executed by D. H.. Moss Point School District waiver sent on 1/16/2014, answer due 3/17/2014. (Owens, Jody) (Entered: 02/05/2014)

Feb. 5, 2014 PACER
5

WAIVER OF SERVICE Returned Executed by D. H.. Moss Point School Board waiver sent on 1/16/2014, answer due 3/17/2014. (Owens, Jody) (Entered: 02/05/2014)

Feb. 5, 2014 PACER
6

WAIVER OF SERVICE Returned Executed by D. H.. Maggie Griffin waiver sent on 1/16/2014, answer due 3/17/2014. (Owens, Jody) (Entered: 02/05/2014)

Feb. 5, 2014 PACER
7

WAIVER OF SERVICE Returned Executed by D. H.. Durand Payton waiver sent on 1/16/2014, answer due 3/17/2014. (Owens, Jody) (Entered: 02/05/2014)

Feb. 5, 2014 PACER
8

NOTICE of Appearance by John Simeon Hooks on behalf of All Defendants (Hooks, John) (Entered: 02/12/2014)

Feb. 12, 2014 PACER
9

NOTICE of Appearance by James Allen Keith on behalf of All Defendants (Keith, James) (Entered: 02/12/2014)

Feb. 12, 2014 PACER

DOCKET ANNOTATION as to #9: The document and certificate of service are signed by different attorneys as to the defendants. (PKS)

Feb. 12, 2014 PACER
10

MOTION for Alesdair Ittelson to Appear Pro Hac Vice by D. H. (Attachments: # 1 Exhibit Certificate of Good Standing Alabama)(Owens, Jody) (Entered: 02/19/2014)

Feb. 19, 2014 PACER

Pro Hac Vice fee paid for Alesdair Ittelson receipt number 0538-2620717 $ 100 (Owens, Jody)

Feb. 19, 2014 PACER
11

MOTION for Samuel Eugene Wolfe to Appear Pro Hac Vice by D. H. (Attachments: # 1 Exhibit Certificate of Good Standing Alabama, # 2 Exhibit Certificate of Good Standing New York)(Owens, Jody) (Entered: 02/19/2014)

Feb. 19, 2014 PACER

Pro Hac Vice fee paid for Samuel Wolfe receipt number 0538-2620749 $ 100 (Owens, Jody)

Feb. 19, 2014 PACER
12

ORDER granting 10 Motion to Appear Pro Hac Vice; granting 11 Motion to Appear Pro Hac Vice. Alesdair Ittelson and Samuel Eugene Wolfe shall be admitted pro hac vice to serve as co-counsel for the plaintiff D.H., by and through her legal guardian and parent Robert Holmes. Signed by Magistrate Judge Robert H. Walker on February 20, 2014. (Joffe, Scherry) (Entered: 02/20/2014)

Feb. 20, 2014 PACER

DOCKET ANNOTATION as to #10 and #11: L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is to include exhibit letter or number on the exhibit and in the docket text in future filings. (PKS)

Feb. 20, 2014 PACER
13

MOTION for Anjali Nair to Appear Pro Hac Vice by D. H. (Attachments: # 1 Exhibit A Certificate of Good Standing State of Alabama, # 2 Exhibit B Certificate of Good Standing Commonwealth of Massachusetts)(Owens, Jody) (Entered: 02/21/2014)

Feb. 21, 2014 PACER

Pro Hac Vice fee paid for Anjali Nair receipt number 0538-2623754 $ 100 (Owens, Jody)

Feb. 21, 2014 PACER
14

ORDER granting 13 Motion to Appear Pro Hac Vice. Anjali Nair shall be admitted pro hac vice to serve as co-counsel for the plaintiff D.H., by and through her legal guardian and parent Robert Holmes. Signed by Magistrate Judge Robert H. Walker on February 24, 2014. (Joffe, Scherry) (Entered: 02/24/2014)

Feb. 24, 2014 PACER
15

AFFIRMATIVE DEFENSES and ANSWER to 1 Complaint by Maggie Griffin, Moss Point School Board, Moss Point School District, Durand Payton.(Hooks, John) (Entered: 03/17/2014)

March 17, 2014 PACER

NOTICE of Hearing: Telephone Conference set for 3/24/2014 02:30 PM before Magistrate Judge Robert H. Walker to discuss Qualified Immunity issues. Plaintiff will place the telephone call to Judge Walker's chambers with all necessary counsel on the line. (SR)

March 18, 2014 PACER
16

NOTICE of Appearance by Elissa F. Johnson on behalf of D. H. (Johnson, Elissa) (Entered: 03/18/2014)

March 18, 2014 PACER

Minute Entry for proceedings held before Magistrate Judge Robert H. Walker: Telephone Conference held on 3/24/2014 with attorneys Alesdair Ittelson, Anjali Nair, Jody E. Owens, II and John Simeon Hooks who advised they are not requesting that separate deadlines be set for qualified immunity discovery or dispositive motion deadlines. The Court will therefore notice a telephonic case management conference for April 24, 2014 at 10:30 AM. (SR)

March 24, 2014 PACER
17

Rule 16(a) Initial Order Telephonic Case Management Conference set for 4/24/2014 10:30 AM before Magistrate Judge Robert H. Walker. (SR) (Entered: 03/24/2014)

March 24, 2014 PACER
18

NOTICE of Service of Pre-Discovery Disclosure by D. H. (Ittelson - PHV, Alesdair) (Entered: 04/15/2014)

April 15, 2014 PACER
19

NOTICE of Service of Rule 26(a)(1)(A) Initial Disclosure by Maggie Griffin, Moss Point School Board, Moss Point School District, Durand Payton (Hooks, John) (Entered: 04/22/2014)

April 22, 2014 PACER

Minute Entry for proceedings held before Magistrate Judge Robert H. Walker: Telephonic Case Management Conference held on 4/24/2014. (SR)

April 24, 2014 PACER
20

CASE MANAGEMENT ORDER Motions for Amended Pleadings due by 6/2/2014. Motions for Joinder of Parties due by 6/2/2014. Designate Experts Plaintiff Deadline due by 7/1/2014. Designate Experts for Defendant Deadline due by 8/1/2014. Discovery due by 1/15/2015. Motions due by 1/29/2015. Settlement Conference set for 3/11/2015 09:30 AM before Magistrate Judge Robert H. Walker. On or before 7/14/2015, the parties must report to the undersigned all ADR efforts taken. Pretrial Conference set for 7/21-23/2015 09:00 AM in Courtroom 706 (Gulfport) Ozerden before District Judge Halil S. Ozerden. Bench Trial set for a three-week trial calendar beginnig on 8/3/2015 09:00 AM in Courtroom 706 (Gulfport) Ozerden before District Judge Halil S. Ozerden. Proposed Pretrial Order due by 7/21/2015. ETT: 4 days. Parties do not consent. Signed by Magistrate Judge Robert H. Walker on 4/24/2014 (SR) (Entered: 04/24/2014)

April 24, 2014 RECAP
21

Unopposed MOTION Extend Expert Deadlines re 20 Case Management Order,,, by D. H. (Owens, Jody) (Entered: 06/10/2014)

June 10, 2014 PACER

TEXT ONLY ORDER granting 21 unopposed Motion for extension of expert deadlines. Plaintiff's expert designation deadline is extended to 9/2/2014; Defendants' expert designation deadline is extended to 10/2/2014. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge Robert H. Walker on June 11, 2014. (Joffe, Scherry)

June 11, 2014 PACER

Set/Reset Scheduling Order Deadlines/Hearings: Designate Experts Plaintiff Deadline due by 9/2/2014; Designate Experts for Defendant Deadline due by 10/2/2014. (Joffe, Scherry)

June 11, 2014 PACER
22

Joint MOTION for Protective Order by D. H., Maggie Griffin, Moss Point School Board, Moss Point School District, and Durand Payton (Owens, Jody) Modified to add filers on 6/30/2014 (JCH). (Entered: 06/27/2014)

June 27, 2014 PACER
23

AGREED PROTECTIVE ORDER. Signed by Magistrate Judge Robert H. Walker on June 27, 2014. (Joffe, Scherry) (Entered: 06/27/2014)

June 27, 2014 PACER

DOCKET ANNOTATION as to # 22. 1.) Pursuant to Fed.R.Cr.P. Rule 49(d) and Fed.R.Civ.P. Rule 84, appendix form 2 states that date, signature, address, e-mail address and telephone number are used at the conclusion of pleadings and other papers that require a signature. Document is undated (on respectfully submitted portion), but the date will be construed as the date of electronic filing. Attorney is advised to follow this rule in future filings. 2.) This docket entry fails to select all filing parties. Clerks office will edit this docket entry to include all appropriate filing parties. Attorney is directed to select all filing parties in future filings. (JCH)

June 30, 2014 PACER
24

NOTICE of Service of Plaintiff's First Set of Request for Production by D. H. (Owens, Jody) (Entered: 07/08/2014)

July 8, 2014 PACER
25

NOTICE of Service of First Set of Interrogatories by Maggie Griffin, Moss Point School Board, Moss Point School District, Durand Payton (Hooks, John) (Entered: 07/23/2014)

July 23, 2014 PACER
26

NOTICE of Service of First Set of Request for Production by Maggie Griffin, Moss Point School Board, Moss Point School District, Durand Payton (Hooks, John) (Entered: 07/23/2014)

July 23, 2014 PACER
27

MOTION to Withdraw as Attorney by D. H. (Ittelson - PHV, Alesdair) (Entered: 07/23/2014)

July 23, 2014 PACER

TEXT ONLY ORDER granting 27 Motion to Withdraw as Attorney. Attorney Alesdair Ittelson - PHV terminated. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge Robert H. Walker on July 23, 2014. (Joffe, Scherry)

July 23, 2014 PACER

NOTICE of Hearing: Telephone Conference set for 8/11/2014 03:00 PM before Magistrate Judge Robert H. Walker. Plaintiff will place the telephone call to Judge Walker's chambers with all necessary counsel on the line. (SR)

Aug. 6, 2014 PACER

Reset Hearings: Telephone Conference RESET due to an attorney conflict for 8/14/2014 01:30 PM before Magistrate Judge Robert H. Walker. Plaintiff will place the telephone call to Judge Walker's chambers with all necessary counsel on the line. (SR)

Aug. 7, 2014 PACER
28

Unopposed MOTION to Extend Expert Designations Deadline by Maggie Griffin, Moss Point School Board, Moss Point School District, Durand Payton (Hooks, John) (Entered: 08/07/2014)

Aug. 7, 2014 PACER

TEXT ONLY ORDER granting 28 Motion to Extend Expert Designations Deadline. Plaintiff shall designate experts on or before 10/2/2014. Defendants shall designate experts on or before 11/3/2014. No further written order will issue. Signed by Magistrate Judge Robert H. Walker on August 8, 2014. (King, Steve)

Aug. 8, 2014 PACER

Set/Reset Scheduling Order Deadlines/Hearings: Designate Experts Plaintiff Deadline due by 10/2/2014, Designate Experts for Defendant Deadline due by 11/3/2014. (King, Steve)

Aug. 8, 2014 PACER
29

MOTION to Compel Rule 35 Psychiatric Examination by Maggie Griffin, Moss Point School Board, Moss Point School District, Durand Payton (Attachments: # 1 Exhibit 1 - CV of Dr. John Thompson, # 2 Exhibit 2 - Notice of Rule 35 Examination)(Hooks, John) (Entered: 08/19/2014)

Aug. 19, 2014 PACER
30

MEMORANDUM in Support re 29 MOTION to Compel Rule 35 Psychiatric Examination filed by Maggie Griffin, Moss Point School Board, Moss Point School District, Durand Payton (Attachments: # 1 Exhibit 1 - CV of Dr. John Thompson, # 2 Exhibit 2 - Notice of Rule 35 Examination)(Hooks, John) (Entered: 08/19/2014)

Aug. 19, 2014 PACER
31

NOTICE of Service of Response to Request for Production by Moss Point School District (Hooks, John) (Entered: 08/21/2014)

Aug. 21, 2014 PACER
32

MEMORANDUM in Opposition re 29 MOTION to Compel Rule 35 Psychiatric Examination filed by D. H. (Johnson, Elissa) (Entered: 08/27/2014)

Aug. 27, 2014 PACER
33

NOTICE of Service of Supplemental Response to Request for Production by Moss Point School District (Hooks, John) (Entered: 08/29/2014)

Aug. 29, 2014 PACER
34

Rebuttal re 29 MOTION to Compel Rule 35 Psychiatric Examination filed by Maggie Griffin, Moss Point School Board, Moss Point School District, Durand Payton (Attachments: # 1 Exhibit 1 - Rule 26(A)(1) Initial Disclosures)(Hooks, John) (Entered: 09/03/2014)

Sept. 3, 2014 PACER
35

MOTION for Scott McCoy to Appear Pro Hac Vice by D. H. (Attachments: # 1 Exhibit A Certificates of Good Standing)(Owens, Jody) (Entered: 09/03/2014)

Sept. 3, 2014 PACER

Pro Hac Vice fee paid for Scott McCoy receipt number 0538-2763632 $ 100 (Owens, Jody)

Sept. 3, 2014 PACER
36

ORDER granting 35 Motion to Appear Pro Hac Vice. Scott McCoy shall be admitted pro hac vice to serve as co-counsel for the plaintiff D.H. Signed by Magistrate Judge Robert H. Walker on September 4, 2014. (Joffe, Scherry) (Entered: 09/04/2014)

Sept. 4, 2014 PACER
37

ORDER granting 29 Motion to Compel Rule 35 examination. Immediately upon receipt of this order, Plaintiff's counsel shall confer with Defense Counsel to arrive at an agreeable date/time/place for the examination of Plaintiff, said examination date to be within 30 calendar days of the date of this order; and (2) Plaintiff shall appear for examination by Dr. John Thompson at the agreed time/date/place. Signed by Magistrate Judge Robert H. Walker on September 8, 2014. (Joffe, Scherry) (Entered: 09/08/2014)

Sept. 8, 2014 PACER
38

NOTICE of Service of Response to Request for Production by D. H. (McCoy - PHV, Scott) (Entered: 09/08/2014)

Sept. 8, 2014 PACER
39

NOTICE of Service of Response to Interrogatories by D. H. (McCoy - PHV, Scott) (Entered: 09/08/2014)

Sept. 8, 2014 PACER
40

NOTICE of Service of Plaintiffs' First Set of Interrogatories to defendant Moss Point School District by D. H. (Owens, Jody) Modified on 9/15/2014 to add defendant to docket text(PKS). (Entered: 09/12/2014)

Sept. 12, 2014 PACER
41

NOTICE of Service of Plaintiffs' First and Second Set of Request for Production by D. H. (Owens, Jody) (Entered: 09/12/2014)

Sept. 12, 2014 PACER

DOCKET ANNOTATION as to #41: This document notices service of first and set requests for production of documents as to different defendants. Each event should be separately docketed and the defendant that is served should be included in the docket text. The same PDF document may be used for all entries. Attorney is advised to refile this document as two separate entries, re: second set of requests as to Moss Point School District and first set of request as to Durand Payton. (PKS)

Sept. 15, 2014 PACER
42

NOTICE of Rule 35 Examination by Maggie Griffin, Moss Point School Board, Moss Point School District, Durand Payton (Hooks, John) (Entered: 09/16/2014)

Sept. 16, 2014 PACER
43

Unopposed MOTION to Stay Proceedings by D. H. (McCoy - PHV, Scott) (Entered: 09/24/2014)

Sept. 24, 2014 PACER

NOTICE of Hearing: Telephone Conference set for 10/2/2014 09:30 AM before Magistrate Judge Robert H. Walker. Plaintiff will place the telephone call to Judge Walker's chambers with all necessary counsel on the line. (SR)

Sept. 25, 2014 PACER

Minute Entry for proceedings held before Magistrate Judge Robert H. Walker: Telephone Conference held on 10/2/2014 with attorneys Anjali Nair, Jody E. Owens II, Scott McCoy and John Simeon Hooks. The Court will not stay proceedings but will enter an order amending the case management order and will direct that the Rule 35 examination of D.H. be conducted in December, 2014. (SR)

Oct. 2, 2014 PACER

TEXT ONLY ORDER granting in part and denying in part 43 Motion to Stay Proceedings; the Court will not stay proceedings but will enter an amended case management order, and the Court orders that the Rule 35 examination of D.H. shall be conducted in December 2014. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge Robert H. Walker on October 2, 2014. (Joffe, Scherry)

Oct. 2, 2014 PACER

TEXT ONLY AMENDED SCHEDULING ORDER: Designate Experts Plaintiff Deadline due by 12/1/2014. Designate Experts for Defendant Deadline due by 1/9/2015. Discovery due by 3/6/2015. Motions due by 3/20/2015. Settlement Conference set for 6/2/2015 01:30 PM before Magistrate Judge Robert H. Walker. No further written order will issue. Signed by Magistrate Judge Robert H. Walker on 10/2/2014 (SR)

Oct. 2, 2014 PACER
44

NOTICE of Service of Response to Interrogatories by Moss Point School District (Hooks, John) (Entered: 10/23/2014)

Oct. 23, 2014 PACER
45

NOTICE of Service of Response to Request for Production by Moss Point School District, Durand Payton (Hooks, John) (Entered: 10/23/2014)

Oct. 23, 2014 PACER
46

Unopposed MOTION to Compel Production of Records in Response to Authorization by Maggie Griffin, Moss Point School Board, Moss Point School District, Durand Payton (Attachments: # 1 Exhibit A - 10.31.14 Response from CCP-Mobile)(Hooks, John) (Entered: 11/06/2014)

Nov. 6, 2014 PACER
47

ORDER granting 46 joint Motion to Compel. Signed by Magistrate Judge Robert H. Walker on November 6, 2014. (Joffe, Scherry) (Entered: 11/06/2014)

Nov. 6, 2014 PACER
48

NOTICE of Service of First Set of Interrogatories to Defendant Payton Durand Interrogatories by D. H. (Owens, Jody) (Entered: 11/19/2014)

Nov. 19, 2014 PACER
49

NOTICE of Service of Second Set of Requests for Production of Documents to Defendant Payton Durand Request for Production by D. H. (Owens, Jody) (Entered: 11/19/2014)

Nov. 19, 2014 PACER
50

NOTICE of Service of Third Set of Requests for Production of Documents to Defendant Moss Point School District Request for Production by D. H. (Owens, Jody) (Entered: 11/19/2014)

Nov. 19, 2014 PACER
51

Joint MOTION to Stay Proceedings by Maggie Griffin, D. H., Moss Point School Board, Moss Point School District, Durand Payton (Owens, Jody) (Entered: 12/08/2014)

Dec. 8, 2014 PACER

NOTICE of Hearing: Telephone Conference set for 1/15/2015 10:30 AM before Magistrate Judge Robert H. Walker. Plaintiff will place the telephone call to Judge Walker's chambers with all necessary counsel on the line. (SR)

Dec. 9, 2014 PACER

Minute Entry for proceedings held before Magistrate Judge Robert H. Walker: Telephone Conference held on 1/15/2015 with attorneys Anjali Nair, Jody E. Owens II, Scott McCoy and John Simeon Hooks who advised that substantial progress has been made regarding settlement of the case and that the only issues remaining appear to be minor adjustments to requested policy changes of the school district. The Court will notice another telephonic status conference for Friday, January 23, 2015 at 10:00 AM. (SR)

Jan. 15, 2015 PACER

NOTICE of Hearing: Telephonic Status Conference set for 1/23/2015 10:00 AM before Magistrate Judge Robert H. Walker. Plaintiff will place the telephone call to Judge Walker's chambers with all necessary counsel on the line. (SR)

Jan. 15, 2015 PACER

TEXT ONLY ORDER finding as moot 51 Motion to Stay Proceedings. The parties have notified the court that the case has settled. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge Robert H. Walker on January 27, 2015. (Joffe, Scherry)

Jan. 27, 2015 PACER

NOTICE of Settlement by All Parties per email notification from Scott McCoy, counsel for plaintiff. The attorneys are directed to file an agreed notice of dismissal no later than February 17, 2015. (SR)

Jan. 27, 2015 PACER
52

STIPULATION of Dismissal by D. H. (Owens, Jody) (Entered: 02/17/2015)

Feb. 17, 2015 PACER
53

FINAL JUDGMENT OF DISMISSAL: civil action is dismissed with prejudice as to all parties. The Court hereby specifically retains jurisdiction to enforce the settlement agreement. Signed by District Judge Halil S. Ozerden on 2/18/15 (PKS) (Entered: 02/18/2015)

Feb. 18, 2015 PACER
54

*** DISREGARD THIS ENTRY ***Letter from Dennis Lee to Judge Starrett dated 7/27/2016. (scp) Modified on 8/2/2016 (scp). (Entered: 08/02/2016)

Aug. 2, 2016 PACER

DOCKET ANNOTATION as to #54 (Letter). This document was inadvertently docketed in the incorrect case. Please disregard. (scp)

Aug. 2, 2016 PACER

State / Territory: Mississippi

Case Type(s):

Education

Key Dates

Filing Date: Dec. 17, 2013

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Parent, on behalf of his minor student daughter

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Moss Pointe School District, 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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Training

Issues

General:

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Failure to discipline

Failure to train

Gay/lesbian/transgender

Staff (number, training, qualifications, wages)

Suicide prevention

Discrimination-basis:

Gender identity

Sex discrimination

Sexual orientatation

Affected Gender:

Female

Type of Facility:

Government-run