Case: Tooley v. Van Buren Public Schools

2:14-cv-13466 | U.S. District Court for the Eastern District of Michigan

Filed Date: Sept. 5, 2014

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On September 5, 2014, a fourteen-year-old transgender boy filed this lawsuit in the U.S. District Court for the Eastern District of Michigan against South Middle School and its administrators, Summit Academy Charter Public School and its administrators, Wilson Middle School and its administrators, and OW Best Middle School and its administrators. The plaintiff, represented by private counsel, proceeded under Title IX, the Civil Rights Act of 1964, the First Amendment, and the Due Process and E…

On September 5, 2014, a fourteen-year-old transgender boy filed this lawsuit in the U.S. District Court for the Eastern District of Michigan against South Middle School and its administrators, Summit Academy Charter Public School and its administrators, Wilson Middle School and its administrators, and OW Best Middle School and its administrators. The plaintiff, represented by private counsel, proceeded under Title IX, the Civil Rights Act of 1964, the First Amendment, and the Due Process and Equal Protection Clauses of the Fourteenth Amendment. He sought monetary damages claiming that defendants had discriminated against him because he was transgender. Specifically, the plaintiff claimed that he was consistently misgendered by school staff, forced to use the girls' restroom, harassed by school staff and other students, and that he was repeatedly outed by school staff. He also claimed that his mother made repeated attempts to meet with his teachers and school administrators to discuss the plaintiff's situation, but that they avoided her, and when they did meet with her, they were dismissive.

On September 15, 2014, the plaintiff filed an amended complaint, which contained no substantive changes but stated his reliance on their demand for a jury trial.

On February 24, 2015, the United States submitted a statement of interest in the case. The United States stated its position that Title IX and the Equal Protection Clause prohibit discrimination on the basis of sex, discrimination against transgender individuals is discrimination on the basis of sex and his prohibited by Title IX and the Equal Protection Clause and that the case should be allowed to proceed to discovery to resolve questions of fact.

The plaintiff filed a second amended complaint on November 5, 2015. It included additional factual allegations pertaining to the defendants' treatment of the plaintiff.

On February 23, 2016, all defendants filed a joint motion to dismiss for failure to state a claim. Before District Judge Avern Cohn could rule on the motion to dismiss, however, the parties reached a settlement agreement and obtained court approval on March 8, 2017. The defendants agreed to pay the plaintiff $53,150.44 in damages and $44,349.56 in attorneys' fees and costs. The case is now closed.

Summary Authors

Katherine Reineck (11/15/2015)

Eva Richardson (1/31/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4292538/parties/tooley-v-van-buren-public-schools/


Judge(s)

Cohn, Avern Levin (Michigan)

Grand, David R. (Michigan)

Attorneys(s) for Plaintiff

Lennon, Edward G. (Michigan)

Marko, Jonathan R (Michigan)

Marko [inactive], Jonathan R. (Michigan)

Rasor, James B. (Michigan)

Thomas, Sarah Marie (Michigan)

Attorneys(s) for Defendant

Butler, George P. III (Michigan)

Camps, Peter N. (Michigan)

Chapie, Kenneth P. (Michigan)

Judge(s)

Cohn, Avern Levin (Michigan)

Grand, David R. (Michigan)

Attorneys(s) for Plaintiff

Lennon, Edward G. (Michigan)

Marko, Jonathan R (Michigan)

Marko [inactive], Jonathan R. (Michigan)

Rasor, James B. (Michigan)

Thomas, Sarah Marie (Michigan)

Attorneys(s) for Defendant

Butler, George P. III (Michigan)

Camps, Peter N. (Michigan)

Chapie, Kenneth P. (Michigan)

Dorris, Carmen (Michigan)

Furton, Joseph R. Jr. (Michigan)

Hudson, David R. (Ohio)

Hulme, Roy (Ohio)

Johnston, Jennifer K. (Michigan)

Mullins, Timothy J. (Michigan)

O'Neal, Sherry D. (Michigan)

Rupert, Jennifer (Michigan)

Schindler, Robert T. (Michigan)

Sutton, Kevin T. (Michigan)

Other Attorney(s)

DeClercq, Susan K. (Michigan)

Ernst, Kevin S. (Michigan)

McQuade, Barbara L. (Michigan)

Documents in the Clearinghouse

Document

Docket

March 9, 2017 Docket
1

Complaint and Jury Request

Sept. 5, 2014 Complaint
4

First Amended Complaint and Reliance on Jury Demand

Sept. 15, 2014 Complaint
64-1

Statement of Interest of the United States

Feb. 24, 2015 Pleading / Motion / Brief
85

Amended Complaint

Nov. 5, 2015 Complaint
124

Order Approving Settlement

Tooley v. Van Buren Public School District

2017 WL 1135800

March 9, 2017 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4292538/tooley-v-van-buren-public-schools/

Last updated May 13, 2022

ECF Number Description Date Link
1

COMPLAINT filed by All Plaintiffs against All Defendants. Plaintiff requests summons issued. Receipt No: 0645−4803041 − Fee: &#036 400. County of 1st Plaintiff: Wayne − County Where Action Arose: Wayne − County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Rasor, James) (Entered: 09/05/2014)

Sept. 5, 2014
1

COMPLAINT filed by All Plaintiffs against All Defendants. Plaintiff requests summons issued. Receipt No: 0645-4803041 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Rasor, James) (Entered: 09/05/2014)

Sept. 5, 2014 PACER
2

DEMAND for Trial by Jury by All Plaintiffs (Rasor, James) (Entered: 09/08/2014)

Sept. 8, 2014
2

DEMAND for Trial by Jury by All Plaintiffs (Rasor, James) (Entered: 09/08/2014)

Sept. 8, 2014 PACER
3

SUMMONS Issued for * All Defendants * (DWor) (Entered: 09/08/2014)

Sept. 8, 2014
3

SUMMONS Issued for * All Defendants * (DWor) (Entered: 09/08/2014)

Sept. 8, 2014 PACER
4

AMENDED COMPLAINT with Jury Demand filed by All Plaintiffs against All Defendants. NO NEW PARTIES ADDED. (Rasor, James) (Entered: 09/15/2014)

Sept. 15, 2014 RECAP

NOTICE of Error directed to: James B. Rasor re 1 Complaint. Parties (Porter, Anastasia, Smith, and Reale) listed on the initiating document were omitted. The filing attorney must use the docket event Addition of Parties to correct the error. [No Image Associated with this docket entry] (DWor) (Entered: 09/09/2014)

Sept. 9, 2014

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (DWor) (Entered: 09/09/2014)

Sept. 9, 2014
5

ATTORNEY APPEARANCE: Jennifer K. Johnston appearing on behalf of Alison Cancilliari Appearance and Notice of Appearance (Johnston, Jennifer) (Entered: 10/09/2014)

Oct. 9, 2014 PACER
6

NOTICE of Appearance by Kevin T. Sutton on behalf of Kathryn Bedikian, Viktor Brown, Dana Browning, Christopher C. Calvin, Carla Harding, Robert Kirby, Jason Krajewski, Stephanie Miello, Maria Sutka, Patrick Sutka, Michael Swiecki, Wyandotte Board of Education, Wyandotte Public Schools. (Sutton, Kevin) (Entered: 11/17/2014)

Nov. 17, 2014 PACER
4

AMENDED COMPLAINT with Jury Demand filed by All Plaintiffs against All Defendants. NO NEW PARTIES ADDED. (Rasor, James) (Entered: 09/15/2014)

Sept. 15, 2014
7

NOTICE of Appearance by Sherry D. O'Neal Taylor on behalf of Summit Academy Board of Directors, Summit Academy North District. (Taylor, Sherry) (Entered: 11/21/2014)

Nov. 21, 2014 PACER
5

ATTORNEY APPEARANCE: Jennifer K. Johnston appearing on behalf of Alison Cancilliari Appearance and Notice of Appearance (Johnston, Jennifer) (Entered: 10/09/2014)

Oct. 9, 2014
8

Stipulated Order to Extend the Date for Defendants Summit Academy North and Summit Academy Board of Directors to File a Responsive Pleading re 1 Complaint, :( Response due by 12/10/2014) Signed by District Judge Avern Cohn. (SCha) (Entered: 11/21/2014)

Nov. 21, 2014 PACER
6

NOTICE of Appearance by Kevin T. Sutton on behalf of Kathryn Bedikian, Viktor Brown, Dana Browning, Christopher C. Calvin, Carla Harding, Robert Kirby, Jason Krajewski, Stephanie Miello, Maria Sutka, Patrick Sutka, Michael Swiecki, Wyandotte Board of Education, Wyandotte Public Schools. (Sutton, Kevin) (Entered: 11/17/2014)

Nov. 17, 2014
9

ANSWER to Complaint with Affirmative Defenses by Van Buren Public Schools. (Butler, George) [ANSWER FILED ON BEHALF OF VAN BUREN PUBLIC SCHOOLS, KAREN MIDA, ROBERT WILKINSON, MICHAEL VAN TASSEL, VAN BUREN BOARD OF EDUCATION, BRENT MIKULSKI, MARTHA TOTH, SHERRY FRAZIER, KEVIN ENGLISH, KATHY KOVACH, SCOTT RUSSELL AND KELLY OWEN]Modified on 1/16/2015 (SCha). (Entered: 11/25/2014)

Nov. 25, 2014 PACER
7

NOTICE of Appearance by Sherry D. O'Neal Taylor on behalf of Summit Academy Board of Directors, Summit Academy North District. (Taylor, Sherry) (Entered: 11/21/2014)

Nov. 21, 2014
8

Stipulated Order to Extend the Date for Defendants Summit Academy North and Summit Academy Board of Directors to File a Responsive Pleading re 1 Complaint, :( Response due by 12/10/2014 ) Signed by District Judge Avern Cohn. (SCha) (Entered: 11/21/2014)

Nov. 21, 2014
10

REPLY to 2 Jury Demand by Van Buren Public Schools. (Butler, George) Modified on 11/26/2014 (DWor). [WRONG EVENT SELECTED - DOCUMENT IS A RELIANCE UPON JURY DEMAND] (Entered: 11/25/2014)

Nov. 25, 2014 PACER
9

ANSWER to Complaint with Affirmative Defenses by Van Buren Public Schools. (Butler, George) [ANSWER FILED ON BEHALF OF VAN BUREN PUBLIC SCHOOLS, KAREN MIDA, ROBERT WILKINSON, MICHAEL VAN TASSEL, VAN BUREN BOARD OF EDUCATION, BRENT MIKULSKI, MARTHA TOTH, SHERRY FRAZIER, KEVIN ENGLISH, KATHY KOVACH, SCOTT RUSSELL AND KELLY OWEN]Modified on 1/16/2015 (SCha). (Entered: 11/25/2014)

Nov. 25, 2014
11

NOTICE of Appearance by Timothy J. Mullins on behalf of Jeffrey L Bartold, Dearborn Heights Public Schools, Claudia Portscheller, Jon Znamerowski. (Mullins, Timothy) (Entered: 12/01/2014)

Dec. 1, 2014 PACER
10

REPLY to 2 Jury Demand by Van Buren Public Schools. (Butler, George) Modified on 11/26/2014 (DWor). [WRONG EVENT SELECTED − DOCUMENT IS A RELIANCE UPON JURY DEMAND] (Entered: 11/25/2014)

Nov. 25, 2014
12

MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed.R.Civ.P.12(b)(6) by Summit Academy Board of Directors, Summit Academy North District. (Attachments: # 1 Exhibit Corporate Entity Details) (Taylor, Sherry) (Entered: 12/04/2014)

Dec. 4, 2014 PACER
11

NOTICE of Appearance by Timothy J. Mullins on behalf of Jeffrey L Bartold, Dearborn Heights Public Schools, Claudia Portscheller, Jon Znamerowski. (Mullins, Timothy) (Entered: 12/01/2014)

Dec. 1, 2014
13

CERTIFICATE of Service/Summons Returned Executed. Van Buren Public Schools served on 11/4/2014, answer due 11/25/2014. (Marko, Jonathan) (Entered: 12/19/2014)

Dec. 19, 2014 PACER
13

CERTIFICATE of Service/Summons Returned Executed. Van Buren Public Schools served on 11/4/2014, answer due 11/25/2014. (Marko, Jonathan) (Entered: 12/19/2014)

Dec. 19, 2014
14

CERTIFICATE of Service/Summons Returned Executed. Van Buren Board of Education served on 11/4/2014, answer due 11/25/2014. (Marko, Jonathan) (Entered: 12/19/2014)

Dec. 19, 2014 PACER
15

CERTIFICATE of Service/Summons Returned Executed. Sherry Frazier served on 11/4/2014, answer due 11/25/2014. (Marko, Jonathan) (Entered: 12/19/2014)

Dec. 19, 2014 PACER
14

CERTIFICATE of Service/Summons Returned Executed. Van Buren Board of Education served on 11/4/2014, answer due 11/25/2014. (Marko, Jonathan) (Entered: 12/19/2014)

Dec. 19, 2014
16

CERTIFICATE of Service/Summons Returned Executed. Scott Russell served on 11/4/2014, answer due 11/25/2014. (Marko, Jonathan) (Entered: 12/19/2014)

Dec. 19, 2014 PACER
15

CERTIFICATE of Service/Summons Returned Executed. Sherry Frazier served on 11/4/2014, answer due 11/25/2014. (Marko, Jonathan) (Entered: 12/19/2014)

Dec. 19, 2014
17

CERTIFICATE of Service/Summons Returned Executed. Robert Wilkerson served on 11/4/2014, answer due 11/25/2014. (Marko, Jonathan) (Entered: 12/19/2014)

Dec. 19, 2014 PACER
16

CERTIFICATE of Service/Summons Returned Executed. Scott Russell served on 11/4/2014, answer due 11/25/2014. (Marko, Jonathan) (Entered: 12/19/2014)

Dec. 19, 2014
18

CERTIFICATE of Service/Summons Returned Executed. Michael Van Tassel served on 11/4/2014, answer due 11/25/2014. (Marko, Jonathan) (Entered: 12/19/2014)

Dec. 19, 2014 PACER
17

CERTIFICATE of Service/Summons Returned Executed. Robert Wilkerson served on 11/4/2014, answer due 11/25/2014. (Marko, Jonathan) (Entered: 12/19/2014)

Dec. 19, 2014
18

CERTIFICATE of Service/Summons Returned Executed. Michael Van Tassel served on 11/4/2014, answer due 11/25/2014. (Marko, Jonathan) (Entered: 12/19/2014)

Dec. 19, 2014
19

CERTIFICATE of Service/Summons Returned Executed. Martha Toth served on 11/4/2014, answer due 11/25/2014. (Marko, Jonathan) (Entered: 12/19/2014)

Dec. 19, 2014 PACER
19

CERTIFICATE of Service/Summons Returned Executed. Martha Toth served on 11/4/2014, answer due 11/25/2014. (Marko, Jonathan) (Entered: 12/19/2014)

Dec. 19, 2014
20

CERTIFICATE of Service/Summons Returned Executed. Kevin English served on 11/4/2014, answer due 11/25/2014. (Marko, Jonathan) (Entered: 12/19/2014)

Dec. 19, 2014 PACER
20

CERTIFICATE of Service/Summons Returned Executed. Kevin English served on 11/4/2014, answer due 11/25/2014. (Marko, Jonathan) (Entered: 12/19/2014)

Dec. 19, 2014
21

CERTIFICATE of Service/Summons Returned Executed. Kelly Owen served on 11/4/2014, answer due 11/25/2014. (Marko, Jonathan) (Entered: 12/19/2014)

Dec. 19, 2014 PACER
22

CERTIFICATE of Service/Summons Returned Executed. Kathy Kovach served on 11/4/2014, answer due 11/25/2014. (Marko, Jonathan) (Entered: 12/19/2014)

Dec. 19, 2014 PACER
21

CERTIFICATE of Service/Summons Returned Executed. Kelly Owen served on 11/4/2014, answer due 11/25/2014. (Marko, Jonathan) (Entered: 12/19/2014)

Dec. 19, 2014
23

CERTIFICATE of Service/Summons Returned Executed. Karen Mida served on 11/4/2014, answer due 11/25/2014. (Marko, Jonathan) (Entered: 12/19/2014)

Dec. 19, 2014 PACER
22

CERTIFICATE of Service/Summons Returned Executed. Kathy Kovach served on 11/4/2014, answer due 11/25/2014. (Marko, Jonathan) (Entered: 12/19/2014)

Dec. 19, 2014
23

CERTIFICATE of Service/Summons Returned Executed. Karen Mida served on 11/4/2014, answer due 11/25/2014. (Marko, Jonathan) (Entered: 12/19/2014)

Dec. 19, 2014
24

CERTIFICATE of Service/Summons Returned Executed. Brent Mikulski served on 11/4/2014, answer due 11/25/2014. (Marko, Jonathan) (Entered: 12/19/2014)

Dec. 19, 2014 PACER
24

CERTIFICATE of Service/Summons Returned Executed. Brent Mikulski served on 11/4/2014, answer due 11/25/2014. (Marko, Jonathan) (Entered: 12/19/2014)

Dec. 19, 2014
25

ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by Jeffrey L Bartold, Dearborn Heights Public Schools, Claudia Portscheller, Jon Znamerowski. (Mullins, Timothy) (Entered: 12/19/2014)

Dec. 19, 2014 RECAP
25

ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by Jeffrey L Bartold, Dearborn Heights Public Schools, Claudia Portscheller, Jon Znamerowski. (Mullins, Timothy) (Entered: 12/19/2014)

Dec. 19, 2014
26

ATTORNEY APPEARANCE: Robert T. Schindler appearing on behalf of Kathryn Bedikian, Viktor Brown, Dana Browning, Christopher C. Calvin, Carla Harding, Robert Kirby, Jason Krajewski, Stephanie Miello, Maria Sutka, Patrick Sutka, Michael Swiecki, Wyandotte Board of Education, Wyandotte Public Schools (Schindler, Robert) (Entered: 12/31/2014)

Dec. 31, 2014 PACER
26

ATTORNEY APPEARANCE: Robert T. Schindler appearing on behalf of Kathryn Bedikian, Viktor Brown, Dana Browning, Christopher C. Calvin, Carla Harding, Robert Kirby, Jason Krajewski, Stephanie Miello, Maria Sutka, Patrick Sutka, Michael Swiecki, Wyandotte Board of Education, Wyandotte Public Schools (Schindler, Robert) (Entered: 12/31/2014)

Dec. 31, 2014
27

MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) by Kathryn Bedikian, Viktor Brown, Dana Browning, Christopher C. Calvin, Carla Harding, Robert Kirby, Jason Krajewski, Stephanie Miello, Maria Sutka, Patrick Sutka, Michael Swiecki, Wyandotte Board of Education, Wyandotte Public Schools. (Sutton, Kevin) (Entered: 12/31/2014)

Dec. 31, 2014 PACER
27

MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) by Kathryn Bedikian, Viktor Brown, Dana Browning, Christopher C. Calvin, Carla Harding, Robert Kirby, Jason Krajewski, Stephanie Miello, Maria Sutka, Patrick Sutka, Michael Swiecki, Wyandotte Board of Education, Wyandotte Public Schools. (Sutton, Kevin) (Entered: 12/31/2014)

Dec. 31, 2014
28

ANSWER to Amended Complaint with Affirmative Defenses and Reliance on Jury Demand by Kathryn Bedikian, Viktor Brown, Dana Browning, Christopher C. Calvin, Carla Harding, Robert Kirby, Jason Krajewski, Stephanie Miello, Maria Sutka, Patrick Sutka, Michael Swiecki, Wyandotte Board of Education, Wyandotte Public Schools. (Sutton, Kevin) (Entered: 12/31/2014)

Dec. 31, 2014 PACER
28

ANSWER to Amended Complaint with Affirmative Defenses and Reliance on Jury Demand by Kathryn Bedikian, Viktor Brown, Dana Browning, Christopher C. Calvin, Carla Harding, Robert Kirby, Jason Krajewski, Stephanie Miello, Maria Sutka, Patrick Sutka, Michael Swiecki, Wyandotte Board of Education, Wyandotte Public Schools. (Sutton, Kevin) (Entered: 12/31/2014)

Dec. 31, 2014
29

CERTIFICATE of Service/Summons Returned Executed. Ria Cole served on 1/5/2015, answer due 1/26/2015. (Marko, Jonathan) (Entered: 01/06/2015)

Jan. 6, 2015 PACER
29

CERTIFICATE of Service/Summons Returned Executed. Ria Cole served on 1/5/2015, answer due 1/26/2015. (Marko, Jonathan) (Entered: 01/06/2015)

Jan. 6, 2015
30

Stipulated Order for a 14 Day Extension for Filing Plaintiff's Response to Defendant Summit Academy North and Summit Academy Board of Director's 12 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed.R.Civ.P.12(b)(6) :( Response due by 1/19/2015) Signed by District Judge Avern Cohn. (SCha) (Entered: 01/06/2015)

Jan. 6, 2015 PACER
31

ORDER for Plaintiff(s) to Show Cause Why This Case Should Not be Dismissed for Failure to Prosecute as to Defendants Karen Mida, Robert Wilkerson, Michael Van Tassel, Van Buren Board of Education, Brent Mikulski, Martha Toth, Sherry Frazier, Kevin English, Kathy Kovach, Scott Russell, Kelly Owen, Alex Chapman, Ria Cole and Catherine Griffin. Show Cause Response due by 1/14/2015 Signed by District Judge Avern Cohn. (SCha) (Entered: 01/07/2015)

Jan. 7, 2015 PACER
30

Stipulated Order for a 14 Day Extension for Filing Plaintiff's Response to Defendant Summit Academy North and Summit Academy Board of Director's 12 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed.R.Civ.P.12(b)(6) :( Response due by

Jan. 6, 2015
32

NOTICE of Appearance by Kenneth B. Chapie on behalf of Jeffrey L Bartold, Dearborn Heights Public Schools, Claudia Portscheller, Jon Znamerowski. (Chapie, Kenneth) (Entered: 01/09/2015)

Jan. 9, 2015 PACER
32

NOTICE of Appearance by Kenneth B. Chapie on behalf of Jeffrey L Bartold, Dearborn Heights Public Schools, Claudia Portscheller, Jon Znamerowski. (Chapie, Kenneth) (Entered: 01/09/2015)

Jan. 9, 2015
33

CERTIFICATE of Service/Summons Returned Executed. Alex Chapman served on 1/12/2015, answer due 2/2/2015. (Marko, Jonathan) (Entered: 01/13/2015)

Jan. 13, 2015
33

CERTIFICATE of Service/Summons Returned Executed. Alex Chapman served on 1/12/2015, answer due 2/2/2015. (Marko, Jonathan) (Entered: 01/13/2015)

Jan. 13, 2015 PACER
34

CERTIFICATE of Service/Summons Returned Executed. Catherine Griffin served on 1/12/2015, answer due 2/2/2015. (Marko, Jonathan) (Entered: 01/13/2015)

Jan. 13, 2015
34

CERTIFICATE of Service/Summons Returned Executed. Catherine Griffin served on 1/12/2015, answer due 2/2/2015. (Marko, Jonathan) (Entered: 01/13/2015)

Jan. 13, 2015 PACER
35

CERTIFICATE of Service/Summons Returned Executed. Summit Academy North District served on 11/5/2014, answer due 11/26/2014. (Marko, Jonathan) (Entered: 01/14/2015)

Jan. 14, 2015
35

CERTIFICATE of Service/Summons Returned Executed. Summit Academy North District served on 11/5/2014, answer due 11/26/2014. (Marko, Jonathan) (Entered: 01/14/2015)

Jan. 14, 2015 PACER
36

CERTIFICATE of Service/Summons Returned Executed. Alison Cancilliari served on 11/4/2014, answer due 11/25/2014. (Marko, Jonathan) Modified on 1/15/2015 (DWor). [SERVICE ON 11/5/14] (Entered: 01/14/2015)

Jan. 14, 2015
36

CERTIFICATE of Service/Summons Returned Executed. Alison Cancilliari served on 11/4/2014, answer due 11/25/2014. (Marko, Jonathan) Modified on 1/15/2015 (DWor). [SERVICE ON 11/5/14] (Entered: 01/14/2015)

Jan. 14, 2015 PACER
37

CERTIFICATE of Service/Summons Returned Executed. Summit Academy Board of Directors served on 11/4/2014, answer due 11/25/2014. (Marko, Jonathan) Modified on 1/15/2015 (DWor). [SERVICE ON 11/5/14] (Entered: 01/14/2015)

Jan. 14, 2015
37

CERTIFICATE of Service/Summons Returned Executed. Summit Academy Board of Directors served on 11/4/2014, answer due 11/25/2014. (Marko, Jonathan) Modified on 1/15/2015 (DWor). [SERVICE ON 11/5/14] (Entered: 01/14/2015)

Jan. 14, 2015 PACER
38

REQUEST FOR CLERK'S ENTRY OF DEFAULT as to Summit Academy North District by Kimberly Tooley. (Marko, Jonathan) (Entered: 01/14/2015)

Jan. 14, 2015 PACER
38

REQUEST FOR CLERK'S ENTRY OF DEFAULT as to Summit Academy North District by Kimberly Tooley. (Marko, Jonathan) (Entered: 01/14/2015)

Jan. 14, 2015
39

REQUEST FOR CLERK'S ENTRY OF DEFAULT as to Alison Cancilliari by Kimberly Tooley. (Marko, Jonathan) (Entered: 01/14/2015)

Jan. 14, 2015 PACER
39

REQUEST FOR CLERK'S ENTRY OF DEFAULT as to Alison Cancilliari by Kimberly Tooley. (Marko, Jonathan) (Entered: 01/14/2015)

Jan. 14, 2015
40

REQUEST FOR CLERK'S ENTRY OF DEFAULT as to Summit Academy Board of Directors by Kimberly Tooley. (Marko, Jonathan) (Entered: 01/14/2015)

Jan. 14, 2015 PACER
40

REQUEST FOR CLERK'S ENTRY OF DEFAULT as to Summit Academy Board of Directors by Kimberly Tooley. (Marko, Jonathan) (Entered: 01/14/2015)

Jan. 14, 2015
41

NOTICE OF DENIAL of Clerk's Entry of Default as to *Summit Academy North District*. Reason: *Motion to Dismiss filed on 12/4/14* (DWor) (Entered: 01/15/2015)

Jan. 15, 2015 PACER
41

NOTICE OF DENIAL of Clerk's Entry of Default as to *Summit Academy North District*. Reason: *Motion to Dismiss filed on 12/4/14* (DWor) (Entered: 01/15/2015)

Jan. 15, 2015
42

CLERK'S ENTRY OF DEFAULT as to *Alison Cancilliari* (DWor) (Entered: 01/15/2015)

Jan. 15, 2015 PACER
42

CLERK'S ENTRY OF DEFAULT as to *Alison Cancilliari* (DWor) (Entered: 01/15/2015)

Jan. 15, 2015
43

NOTICE OF DENIAL of Clerk's Entry of Default as to *Summit Academy Board of Directors*. Reason: *Motion to Dismiss filed on 12/4/14* (DWor) (Entered: 01/15/2015)

Jan. 15, 2015 PACER
43

NOTICE OF DENIAL of Clerk's Entry of Default as to *Summit Academy Board of Directors*. Reason: *Motion to Dismiss filed on 12/4/14* (DWor) (Entered: 01/15/2015)

Jan. 15, 2015
44

CERTIFICATE of Service/Summons Returned Executed. Alison Cancilliari served on 1/15/2015, answer due 2/5/2015. (Marko, Jonathan) (Entered: 01/15/2015)

Jan. 15, 2015 PACER
44

CERTIFICATE of Service/Summons Returned Executed. Alison Cancilliari served on 1/15/2015, answer due 2/5/2015. (Marko, Jonathan) (Entered: 01/15/2015)

Jan. 15, 2015
45

Order Vacating 31 Order to Show Cause - Failure to Prosecute,. Signed by District Judge Avern Cohn. (SCha) (Entered: 01/16/2015)

Jan. 16, 2015 PACER
45

Order Vacating 31 Order to Show Cause − Failure to Prosecute,. Signed by District Judge Avern Cohn. (SCha) (Entered: 01/16/2015)

Jan. 16, 2015
46

RESPONSE to 12 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed.R.Civ.P.12(b)(6) filed by Kimberly Tooley. (Marko, Jonathan) (Entered: 01/19/2015)

Jan. 19, 2015 PACER
46

RESPONSE to 12 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed.R.Civ.P.12(b)(6) filed by Kimberly Tooley. (Marko, Jonathan) (Entered: 01/19/2015)

Jan. 19, 2015
47

Stipulated Order to Withdraw 42 Clerk's Entry of Default of Alison Cancilliari Signed by District Judge Avern Cohn. (SCha) (Entered: 01/20/2015)

Jan. 20, 2015 PACER
47

Stipulated Order to Withdraw 42 Clerk's Entry of Default of Alison Cancilliari Signed by District Judge Avern Cohn. (SCha) (Entered: 01/20/2015)

Jan. 20, 2015
48

NOTICE of Appearance by Joseph R. Furton, Jr on behalf of Alex Chapman, Ria Cole, Catherine Griffin. (Furton, Joseph) (Entered: 01/26/2015)

Jan. 26, 2015 PACER
48

NOTICE of Appearance by Joseph R. Furton, Jr on behalf of Alex Chapman, Ria Cole, Catherine Griffin. (Furton, Joseph) (Entered: 01/26/2015)

Jan. 26, 2015
49

MOTION to Dismiss with Brief in Support and Proof of Service by Alex Chapman, Ria Cole, Catherine Griffin. (Furton, Joseph) (Entered: 01/26/2015)

Jan. 26, 2015
49

MOTION to Dismiss with Brief in Support and Proof of Service by Alex Chapman, Ria Cole, Catherine Griffin. (Furton, Joseph) (Entered: 01/26/2015)

Jan. 26, 2015 PACER
51

RESPONSE to 27 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) filed by All Plaintiffs. (Marko, Jonathan) (Entered: 01/30/2015)

Jan. 30, 2015
50

NOTICE of Appearance by Peter N. Camps on behalf of Alex Chapman, Ria Cole, Catherine Griffin. (Camps, Peter) (Entered: 01/26/2015)

Jan. 26, 2015 PACER

State / Territory: Michigan

Case Type(s):

Education

Key Dates

Filing Date: Sept. 5, 2014

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A sixteen-year-old transgender student whose school district would not allow him to use the boys' restroom

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

OW Best Middle School (Dearborn Heights, Wayne), School District

South Middle School (Van Buren, Wayne), School District

Summit Academy Charter Public School (Romulus, Wayne), School District

Wilson Middle School (Wyandotte, Wayne), School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

State law

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

Title IV, Civil Rights Act of 1964, 42 U.S.C. § 2000c et seq.

Constitutional Clause(s):

Due Process

Freedom of speech/association

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $97,500

Issues

General:

Gay/lesbian/transgender

Discrimination-basis:

Gender identity

Affected Gender:

Male