Case: Taylor v. Brasuell

1:14-cv-00273 | U.S. District Court for the District of Idaho

Filed Date: July 7, 2014

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On July 7, 2014, plaintiff filed an action in the U.S. District Court for the District of Idaho, under 42 U.S.C. § 1983, against the Idaho Division of Veterans Services. The plaintiff, represented by private counsel and the National Center for Lesbian Rights, alleged that defendant had violated her Fourteenth Amendment rights by refusing to recognize her out-of-state marriage. Specifically, the plaintiff sought declaratory, injunctive, and monetary relief, including an injunction directing defe…

On July 7, 2014, plaintiff filed an action in the U.S. District Court for the District of Idaho, under 42 U.S.C. § 1983, against the Idaho Division of Veterans Services. The plaintiff, represented by private counsel and the National Center for Lesbian Rights, alleged that defendant had violated her Fourteenth Amendment rights by refusing to recognize her out-of-state marriage. Specifically, the plaintiff sought declaratory, injunctive, and monetary relief, including an injunction directing defendant to approve her application to have her ashes interred with the ashes of her same-sex spouse at the Idaho State Veterans Cemetery.

Plaintiff was a Navy veteran who married her longtime partner in California in 2008. Following her partner's death in 2012, the plaintiff developed a number of health problems. In December 2013, the plaintiff went to the Idaho State Veteran's Cemetery in Boise to make advanced arrangements for her ashes to be interred with her partner's ashes. The Cemetery declined her request, citing the Idaho Constitution and Idaho Code § 32-201, which provide that a "marriage between a man and a woman is the only domestic union that shall be valid or recognized" in the state.

On September 11, 2014, the plaintiff filed an amended complaint for declaratory and injunctive relief, omitting her request for monetary relief. On October 29, 2014, the defendant filed a motion to dismiss and the plaintiff filed a motion for summary judgment. The court denied defendant's motion to dismiss and granted plaintiff's motion for summary judgment on July 9, 2015, citing the Supreme Court's decision in Obergefell. Taylor v. Brasuell, 2015 WL 4139470, at *4 (D. Idaho July 9, 2015). The court also awarded the plaintiff attorneys' fees of $70,000. The case is now closed.

Summary Authors

Priyah Kaul (12/4/2014)

Elizabeth Heise (11/20/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4247508/parties/taylor-v-brasuell/


Judge(s)

Bush, Ronald E. (Idaho)

Attorneys(s) for Plaintiff

Durham, Craig (Idaho)

Ferguson, Deborah A (Idaho)

Minter, Shannon (California)

Stoll, Christopher (California)

Attorneys(s) for Defendant

Smith, Clay R (Idaho)

Zanzig, W Scott (Idaho)

Judge(s)

Bush, Ronald E. (Idaho)

Attorneys(s) for Plaintiff

Durham, Craig (Idaho)

Ferguson, Deborah A (Idaho)

Minter, Shannon (California)

Stoll, Christopher (California)

Attorneys(s) for Defendant

Smith, Clay R (Idaho)

Zanzig, W Scott (Idaho)

Documents in the Clearinghouse

Document

1:14-cv-00273

Docket [PACER]

Sept. 24, 2015

Sept. 24, 2015

Docket
1

1:14-cv-00273

Complaint for Declaratory, Injunctive and Other Relief

July 7, 2014

July 7, 2014

Complaint
13

1:14-cv-00273

Amended Complaint for Declaratory and Injunctive Relief

Dec. 4, 2014

Dec. 4, 2014

Complaint
30

1:14-cv-00273

Memorandum Decision and Order Re: Defendant's Motion to Dismiss (Docket No. 18) Plaintiffs' Motion for Summary Judgment (Docket No. 19)

July 9, 2015

July 9, 2015

Order/Opinion
39

1:14-cv-00273

Order Adopting Stipulation for Award of Attorneys' Fees and Costs

Sept. 22, 2015

Sept. 22, 2015

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4247508/taylor-v-brasuell/

Last updated Aug. 28, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against David E Brasuell ( Filing fee $ 400 receipt number 0976-1179641.), filed by Madelynn Lee Taylor. (Attachments: # 1 Cover Sheet, # 2 Exhibit Marraige Certificate, # 3 Exhibit Honorable Discharge, # 4 Exhibit Application for Pre-Registration, # 5 Exhibit Rejection Letter)(Ferguson, Deborah)

1 Cover Sheet

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2 Exhibit Marraige Certificate

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3 Exhibit Honorable Discharge

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4 Exhibit Application for Pre-Registration

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5 Exhibit Rejection Letter

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July 7, 2014

July 7, 2014

PACER
2

MOTION FOR PRO HAC VICE APPEARANCE by Shannon P. Minter. ( Filing fee $ 225 receipt number 0976-1179652.)Deborah A Ferguson appearing for Plaintiff Madelynn Lee Taylor. Responses due by 7/31/2014 (Ferguson, Deborah)

July 7, 2014

July 7, 2014

PACER
3

MOTION FOR PRO HAC VICE APPEARANCE by Christopher F. Stoll. ( Filing fee $ 225 receipt number 0976-1179653.)Deborah A Ferguson appearing for Plaintiff Madelynn Lee Taylor. Responses due by 7/31/2014 (Ferguson, Deborah)

July 7, 2014

July 7, 2014

PACER
4

WAIVER OF SERVICE Returned Executed by Madelynn Lee Taylor. David E Brasuell waiver sent on 7/7/2014, answer due 9/5/2014. (Ferguson, Deborah)

July 7, 2014

July 7, 2014

PACER
5

DOCKET ENTRY ORDER approving 2 Motion for Pro Hac Vice Appearance of attorney Shannon Price Minter for Madelynn Lee Taylor; approving 3 Motion for Pro Hac Vice Appearance of attorney Christopher F Stoll for Madelynn Lee Taylor. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

July 8, 2014

July 8, 2014

PACER
6

NOTICE of Appearance by W Scott Zanzig on behalf of David E Brasuell (Zanzig, W)

July 10, 2014

July 10, 2014

PACER
7

NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for David E Brasuell, Madelynn Lee Taylor re 6 Notice of Appearance, 1 Complaint, Consent/Objection to Magistrate due by 9/18/2014. (cjm)

July 15, 2014

July 15, 2014

PACER
8

Docket entry only - CONSENT to Magistrate Judge filed. (cjm) (Entered: 07/16/2014)

July 15, 2014

July 15, 2014

PACER
9

NOTICE of Hearing: Telephonic Scheduling Conference set for 9/10/2014 10:30 AM (Mtn.) in Telephonic Hearing - Boise Courtroom 7 before Judge Ronald E. Bush. (Attachments: # 1 Litigation Plan Materials- due no later than 8/29/14). * Instructions for preparation of Conference contained in this Notice with attachments.(lc)

1 Litigation Plan Materials

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Aug. 6, 2014

Aug. 6, 2014

PACER
10

SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Madelynn Lee Taylor. (Durham, Craig)

Aug. 29, 2014

Aug. 29, 2014

RECAP
11

ALL PARTIES HAVE CONSENTED TO PROCEED BEFORE A US MAGISTRATE JUDGE(cjm)

Sept. 3, 2014

Sept. 3, 2014

PACER
12

CASE MANAGEMENT ORDER. Amended Pleadings and Joinder of Parties due by 10/31/2014. Dispositive Motions due by 11/7/2014. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

Sept. 10, 2014

Sept. 10, 2014

PACER
15

Minute Entry for proceedings held before Judge Ronald E. Bush: Scheduling Conference held on 9/10/2014. Court to enter Case Management Order. (Court Reporter/ESR not recorded.) (so) (Entered: 09/12/2014)

Sept. 10, 2014

Sept. 10, 2014

PACER
13

AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against David E Brasuell, filed by Madelynn Lee Taylor. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Ferguson, Deborah)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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Sept. 11, 2014

Sept. 11, 2014

PACER
14

CERTIFICATE OF SERVICE by Madelynn Lee Taylor re 13 for AMENDED COMPLAINT (Ferguson, Deborah) Modified on 9/16/2014 to create link (cjm).

Sept. 11, 2014

Sept. 11, 2014

PACER
16

DOCKET TEXT NOTICE of Hearing: Telephonic Status Conference set for 10/28/2014 01:30 PM (MTN.) in Telephonic Hearing - Boise Courtroom 7 before Judge Ronald E. Bush. * Ms. Ferguson shall initiate the Conference Call connecting the parties and the Court at (208) 334-1495.(lc)

Oct. 8, 2014

Oct. 8, 2014

PACER
17

Minute Entry for proceedings held before Judge Ronald E. Bush: Status Conference held on 10/28/2014. (Court Reporter/ESR lcase.) (lc)

Oct. 28, 2014

Oct. 28, 2014

PACER
18

MOTION to Dismiss W Scott Zanzig appearing for Defendant David E Brasuell. Responses due by 11/24/2014 (Attachments: # 1 Memorandum in Support of Motion to Dismiss, # 2 Declaration of James Earp, # 3 Exhibit A to Declaration of James Earp)(Zanzig, W)

1 Memorandum in Support of Motion to Dismiss

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2 Declaration of James Earp

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3 Exhibit A to Declaration of James Earp

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Oct. 29, 2014

Oct. 29, 2014

PACER
19

MOTION for Summary Judgment Deborah A Ferguson appearing for Plaintiff Madelynn Lee Taylor. Responses due by 11/24/2014 (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Plaintiff Madelynn Lee Taylor)(Ferguson, Deborah)

1 Memorandum in Support

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2 Statement of Facts

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3 Declaration of Plaintiff Madelynn Lee Taylor

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Oct. 29, 2014

Oct. 29, 2014

RECAP
20

RESPONSE to Motion re 18 MOTION to Dismiss filed by Madelynn Lee Taylor. Replies due by 12/11/2014.(Ferguson, Deborah)

Nov. 24, 2014

Nov. 24, 2014

PACER
21

CERTIFICATE OF SERVICE by Madelynn Lee Taylor re 20 Response to Motion to Dismiss (Ferguson, Deborah)

Nov. 24, 2014

Nov. 24, 2014

PACER
22

RESPONSE to Motion re 19 MOTION for Summary Judgment filed by David E Brasuell. Replies due by 12/11/2014. (Attachments: # 1 Statement of Material Facts)(Zanzig, W)

1 Statement of Material Facts

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Nov. 24, 2014

Nov. 24, 2014

PACER
23

REPLY to Response to Motion re 19 MOTION for Summary Judgment filed by Madelynn Lee Taylor. (Attachments: # 1 Second Declaration of Madelynn Lee Taylor)(Durham, Craig)

1 Second Declaration of Madelynn Lee Taylor

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Dec. 11, 2014

Dec. 11, 2014

PACER
24

REPLY to Response to Motion re 18 MOTION to Dismiss filed by David E Brasuell.(Zanzig, W)

Dec. 11, 2014

Dec. 11, 2014

PACER
25

ORDER TO SHOW CAUSE On or before 1/9/15 each of the parties shall submit a brief (no more than five pages) detailing the reasons why this action should not be stayed pending resolution of the Latta v. Otter, et al. action before the United States Court of Appeals for the Ninth Circuit (Case Nos. 14-35420 & 14-35421). Show Cause Response due by 1/9/2015.. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)

Dec. 16, 2014

Dec. 16, 2014

PACER
26

RESPONSE TO ORDER TO SHOW CAUSE by Madelynn Lee Taylor. (Ferguson, Deborah)

Jan. 9, 2015

Jan. 9, 2015

PACER
27

RESPONSE TO ORDER TO SHOW CAUSE by David E Brasuell. (Zanzig, W)

Jan. 9, 2015

Jan. 9, 2015

PACER
28

NOTICE by Madelynn Lee Taylor re 26 Response to Order to Show Cause Denial of En Banc Petitions (Ferguson, Deborah)

Jan. 20, 2015

Jan. 20, 2015

PACER
29

NOTICE On 1/9/15 the 9th Circuit Court of Appeals for the 9th Circuit denied the petitions for rehearing en banc. Therefore, the action will not be stayed and the parties' respective Motions to Dismiss (Docket Nos. 18 & 19 ) will be taken up by the Court in its ordinary course of business. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp) (Entered: 01/29/2015)

Jan. 28, 2015

Jan. 28, 2015

PACER
30

MEMORANDUM DECISION AND ORDER Defendants Motion to Dismiss (Docket No. 18 ) is DENIED; and Plaintiff's Motion for Summary Judgment (Docket No. 19 ) is GRANTED. Upon Ms. Taylor's death, Defendant shall approve and facilitate her interment, together with her spouse, Ms. Mixner, at the Idaho State Veterans Cemetery. Within 10 days of this Memorandum Decision and Order, Plaintiff shall submit a proposed form of judgment for the undersigned's consideration. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)

July 9, 2015

July 9, 2015

RECAP
31

JUDGMENT in accordance with the Court's Memorandum Decision and Order 30 . Judgment is entered in favor of Plaintiff. This Judgment is effective immediately. The Clerk of Court is directed to close this case. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

July 21, 2015

July 21, 2015

PACER
32

STIPULATION To Extend Deadline To File Fee Petition by Madelynn Lee Taylor. (Ferguson, Deborah) Modified on 7/24/2015 to remove all capitalization from docket text (cjs).

July 24, 2015

July 24, 2015

PACER
33

DOCKET ENTRY ORDER ADOPTING 32 Stipulation. Plaintiff's briefing is due on or before August 21, 2015; Defendant's response is due on or before September 21, 2015; Plaintiff's reply is due on or before September 30, 2015. Signed by Judge Ronald E. Bush. (dg)

July 24, 2015

July 24, 2015

PACER
34

BILL OF COSTS by Madelynn Lee Taylor. Taxation of Costs due by 8/25/2015 (Stoll, Christopher)

Aug. 11, 2015

Aug. 11, 2015

PACER
35

MOTION for Attorney Fees - Craig Durham appearing for Plaintiff Madelynn Lee Taylor. Responses due by 9/14/2015 (Attachments: # 1 Memorandum in Support, # 2 Declaration of Deborah A. Ferguson, # 3 Declaration of Craig H. Durham, # 4 Declaration of Shannon P. Minter, # 5 Declaration of Howard Belodoff, # 6 Declaration of Lauren Scholnick)(Durham, Craig)

1 Memorandum in Support

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2 Declaration of Deborah A. Ferguson

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3 Declaration of Craig H. Durham

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4 Declaration of Shannon P. Minter

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5 Declaration of Howard Belodoff

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6 Declaration of Lauren Scholnick

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Aug. 20, 2015

Aug. 20, 2015

PACER
36

STIPULATION TO EXTEND BRIEFING DEADLINES by Madelynn Lee Taylor. (Ferguson, Deborah)

Aug. 21, 2015

Aug. 21, 2015

PACER
37

DOCKET ENTRY ORDER ADOPTING 36 Stipulation. Defendant's response to Plaintiff's Motion for Fees is due on or before September 25, 2015. Plaintiff's reply is due on or before October 9, 2015. Signed by Judge Ronald E. Bush. (dg)

Aug. 23, 2015

Aug. 23, 2015

PACER
38

STIPULATION re 35 MOTION for Attorney Fees - by Madelynn Lee Taylor. (Ferguson, Deborah)

Sept. 22, 2015

Sept. 22, 2015

PACER
39

ORDER ADOPTING STIPULATION FOR AWARD OF ATTORNEYSFEES AND COSTS re 38 Stipulation. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

Sept. 22, 2015

Sept. 22, 2015

PACER
40

DOCKET ENTRY ORDER finding as moot 35 Motion for Attorney Fees. Signed by Judge Ronald E. Bush. (dg)

Sept. 24, 2015

Sept. 24, 2015

PACER

Case Details

State / Territory: Idaho

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

Key Dates

Filing Date: July 7, 2014

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Navy veteran in same-sex marriage.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Center for Lesbian Rights (NCLR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Idaho, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Amount Defendant Pays: $70,000

Order Duration: 2015 - None

Content of Injunction:

Discrimination Prohibition

Issues

General:

Disparate Treatment

Gay/lesbian/transgender

Marriage

Discrimination-basis:

Sex discrimination

Sexual orientatation

Affected Gender:

Female

Type of Facility:

Government-run