Case: Soule v. Connecticut Association of Schools, Inc.

3:20-cv-00201 | U.S. District Court for the District of Connecticut

Filed Date: Feb. 12, 2020

Case Ongoing

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Case Summary

The four plaintiffs in this case are high school track athletes who alleged that having to compete against transgender girls (consistently referred to as "biological males" in their briefs) in girls' track events has caused the plaintiffs to lose out on significant opportunities to win competitions and further advance in their track careers. They filed suit on February 12, 2020 in the U.S. District Court for the District of Connecticut against their school districts and the Connecticut Interschool Athletic Conference, represented by the nonprofit Alliance Defending Freedom. They alleged violations of Title IX and sought declaratory and injunctive relief, along with a preliminary injunction to prevent transgender athletes from competing in girls' events for the spring 2020 track season.

Background

Specifically, the student-athlete plaintiffs alleged that by allowing transgender athletes to compete in girls' sporting events, the defendant school districts violate rights of other girls competing in high school sports under Title IX in two ways. First, the plaintiffs complained, they failed to provide effective accommodation for the interests and abilities of girls by failing to provide an appropriate competitive environment for girls. Second, they failed to provide equal treatment, benefits, and opportunities for girls as compared to boys' sports.

Procedural History

This case was filed just as the COVID-19 pandemic was beginning to affect the operations of public schools across the country. On April 8, 2020, plaintiff's motion for a preliminary injunction was denied by Judge Robert N. Chatigny, who stated that it was highly unlikely that the spring track season would occur and that therefore plaintiffs had no need of preliminary relief. A more detailed scheduling order was filed, with settlement conferences and trial both scheduled for 2021.

Several additional parties took an interest in this case. On February 21, 2020, two transgender students who were repeatedly named in the complaint filed a motion to intervene as defendants, which was granted by the court on April 22, 2020. They were represented by the ACLU and the ACLU of Connecticut. On March 24, 2020, the United States filed a statement of interest through the Department of Justice indicating support for the plaintiffs' position. On April 20, 2020, the school district defendants filed a motion to join the Department of Education (DOE) as a party to the case. They noted that the plaintiffs in this case had also filed a DOE Office of Civil Rights (OCR) complaint, and they were worried about getting two different outcomes if DOE was involved in the OCR complaint, but not in this lawsuit. They also expressed confusion that the United States had indicated an interest in this case through its March 24 filing, but that the DOE, which is responsible for interpreting and enforcing Title IX, was not involved. The DOE submitted a memorandum in opposition to joinder on May 11, 2020.

On April 16, 2020, during a telephone hearing, Judge Chatigny instructed plaintiffs' counsel to refer to the intervenors as "transgender females" rather than as "males." On May 8, 2020, plaintiffs filed a motion to disqualify, alleging that this order indicated a lack of impartiality and rejected the core arguments of plaintiffs' lawsuit. The judge denied the motion on June 16, 2020. In response, plaintiffs filed a petition for a writ of mandamus in the U.S. Court of Appeals for the Second Circuit, arguing that the district court judge should be compelled to recuse himself due to bias. The Second Circuit denied plaintiffs’ petition in November 2020, holding that plaintiffs had not demonstrated that the district court judge clearly and indisputably abused his discretion.

Meanwhile, the plaintiffs filed a second amended complaint on August 11, 2020, adding language about the harms caused by specific defendants to specific plaintiffs. Defendants filed a motion to dismiss the second amended complaint on August 21, 2020 for lack of jurisdiction and for failure to state a claim upon which relief could be granted. The United States, now under the Biden administration, withdrew its statement of interest in the case, concluding that the policy statements provided by the DOE under the Trump administration were issued “without the review required for agency guidance documents that set out policy on a regulatory issue.” Because of this withdrawal, the district court denied the defendants’ earlier motion for joinder on March 30, 2021.

Motion to Dismiss

The district court granted the defendants’ motion to dismiss on April 25, 2021. 2021 WL 1617206. The court found that plaintiffs’ request to enjoin the CIAC policy was moot because the two named defendants had graduated, and there was no indication that plaintiffs would encounter competition from any other transgender student who would be participating in girls’ track during their time left in school. Even if they would encounter similar competition, though, the court still found that a legally cognizable injury to these plaintiffs would depend on a transgender student running in the same events and achieving substantially similar times – a “speculative contingency” insufficient to be a case or controversy under the Constitution.

Additionally, the court held that plaintiffs lacked standing to seek an injunction requiring changes in the defendants’ records. Plaintiffs sought an order requiring the defendants to revise records of races in which two of the named defendants competed by eliminating them from the order of finish and moving everyone else up one position. Plaintiffs contended that the revisions were relevant to their ability to get scholarships and jobs in the future. Defendants argued that it was not likely that this requested relief would be redressed by a favorable decision, given that “gauging the effect of the requested revisions on prospective employers require[d] guesswork” about how independent decision-makers would exercise their judgment. The court agreed.

Finally, plaintiffs argued that even if their claims to injunctive relief were barred, they still had a claim for monetary relief. The court found that defendants had not received the requisite notice under Title IX that they could be liable for the conduct at issue, and thus money damages were barred. Given that plaintiffs’ claims for both injunctive and monetary relief could not move forward, the district court granted defendants’ motion to dismiss.

Appeal

Plaintiffs appealed the district court’s dismissal of the case to the Second Circuit on May 26, 2021. On December 16, 2022, the Second Circuit Court of Appeals affirmed the district court’s ruling. 57 F.4th 43. The Second Circuit held that the claim for an injunction against the school policy was moot, which the plaintiffs had conceded on appeal. It also held that the plaintiffs lacked standing to seek an injunction requiring the school to revise the records because they had not demonstrated any injury or shown how this relief would fix that injury. As to the claim for monetary relief, the Second Circuit held that the school lacked notice that their policy violated Title IX. As part of its reasoning for this holding, the Second Circuit noted that Title IX’s sex discrimination language tracks that of Title VII, and the Supreme Court held in Bostock v. Clayton County that Title VII bans discrimination against transgender people.

On February 13, 2023, the Second Circuit announced that it would re-hear the case en banc. Oral arguments were held on June 6, 2023.

On December 15, 2023, the en banc court reversed the opinion of the panel and vacated and remanded the district court’s judgment. The Second Circuit issued a divided opinion, with three concurrences, three partial concurrences, and several dissenting judges. The opinion did not analyze the merits of the plaintiffs’ Title IX claims, but only considered whether the plaintiffs had standing to sue and whether they could seek injunctive relief and/or monetary damages. Overall, the Second Circuit held that the plaintiffs established Article III standing at this point in the litigation because they alleged an injury, in the form of lost competition opportunities, and that this could be plausibly redressable by monetary and injunctive relief. The Second Circuit also vacated the district court's dismissal of the plaintiffs' claims for monetary damages, holding that the court should wait to decide that issue until ruling on the merits of the case. Therefore, the Second Circuit remanded the case so the district court could address the merits of the Title IX claim. 90 F.4th 34.

Back in the district court, on March 4, 2024, the plaintiffs filed a third amended complaint. The defendants moved to dismiss that complaint the next month, on April 3.

	Document
3:20-cv-00201	Docket [PACER] Soule v. Connecticut Association of Schools	June 16, 2020	June 16, 2020 Docket
1 3:20-cv-00201	Verified Complaint for Declaratory and Injunctive Relief and Damages Soule v. Connecticut Association of Schools	Feb. 12, 2020	Feb. 12, 2020 Complaint
36 3:20-cv-00201	Motion of Andraya Yearwood and Thania Edwards, on Behalf of her Daughter, T.M., to Intervene as Defendants Soule v. Connecticut Association of Schools	Feb. 21, 2020	Feb. 21, 2020 Pleading / Motion / Brief
75 3:20-cv-00201	Statement of Interest Soule v. Connecticut Association of Schools	March 24, 2020	March 24, 2020 Pleading / Motion / Brief
89 3:20-cv-00201	Amended Verified Complaint For Declaratory and Injunctive Relief and Damages Soule v. Connecticut Association of Schools	April 17, 2020	April 17, 2020 Complaint
92 3:20-cv-00201	Order on Motion to Intervene Soule v. Connecticut Association of Schools	April 22, 2020	April 22, 2020 Order/Opinion
141 3:20-cv-00201	Second Amended Verified Complaint for Declaratory and Injunctive Relief and Damages	Aug. 11, 2020	Aug. 11, 2020 Complaint
172-1 3:20-cv-00201	DOJ Withdrawal Letter	Feb. 23, 2021	Feb. 23, 2021 Correspondence
178 3:20-cv-00201	Order on Motion to Dismiss	April 25, 2021	April 25, 2021 Order/Opinion 2021 WL 1617206
241-1 21-01365	Opinion U.S. Court of Appeals for the Second Circuit	Dec. 16, 2022	Dec. 16, 2022 Order/Opinion 57 F.4th 43

Title	Description		External URL Date / External URL
Soule v. Connecticut Association of Schools Alliance Defending Freedom	Ever since the Connecticut Interscholastic Athletic Conference adopted a policy that allows males who identify as female to compete in girls’ athletic events, boys have consistently deprived Selina S…	May 28, 2020	May 28, 2020 https://www.adflegal.org/...
Soule et al v. CT Association of Schools et al American Civil Liberties Union	The ACLU will be seeking to join a lawsuit challenging trans-inclusive practices in Connecticut. The lawsuit has been filed against the Connecticut Interscholastic Athletic Conference and multiple sc…	March 4, 2020	March 4, 2020 https://www.aclu.org/...

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants ( Filing fee $400 receipt number ACTDC-5691204.), filed by Selina Soule, Alanna Smith, Chelsea Mitchell. (Attachments: # 1 Civil Cover Sheet)(Wood, Howard) (Entered: 02/12/2020) 1 Civil Cover Sheet View on RECAP	Feb. 12, 2020	Feb. 12, 2020 RECAP
	Request to Issue Summons	Feb. 12, 2020	Feb. 12, 2020 PACER
	Order on Motion for Admission Pro Hac Vice	Feb. 12, 2020	Feb. 12, 2020 PACER
	Add and Terminate Judges	Feb. 12, 2020	Feb. 12, 2020 PACER
	Request for Clerk to issue summons as to All Defendants. (Wood, Howard)	Feb. 12, 2020	Feb. 12, 2020 PACER
2	MOTION for Attorney(s) Roger G. Brooks to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5691797) by Chelsea Mitchell, Alanna Smith, Selina Soule. (Attachments: # 1 Affidavit of Roger G. Brooks, # 2 Text of Proposed Order)(Wood, Howard) (Entered: 02/12/2020) 1 Affidavit of Roger G. Brooks View on RECAP 2 Text of Proposed Order View on RECAP	Feb. 12, 2020	Feb. 12, 2020 RECAP
	Judge Robert N. Chatigny added. (Nuzzi, Tiffany)	Feb. 12, 2020	Feb. 12, 2020 PACER
3	MOTION for Attorney(s) Jeffrey A. Shafer to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5691855) by Chelsea Mitchell, Alanna Smith, Selina Soule. (Attachments: # 1 Affidavit of Jeffrey A. Shaffer, # 2 Text of Proposed Order)(Wood, Howard) (Entered: 02/12/2020) 1 Affidavit of Jeffrey A. Shaffer View on PACER 2 Text of Proposed Order View on PACER	Feb. 12, 2020	Feb. 12, 2020 PACER
4	MOTION for Attorney(s) Christiana M. Holcomb to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5691868) by Chelsea Mitchell, Alanna Smith, Selina Soule. (Attachments: # 1 Affidavit of Christiana M. Holcomb, # 2 Text of Proposed Order)(Wood, Howard) (Entered: 02/12/2020) 1 Affidavit of Christiana M. Holcomb View on PACER 2 Text of Proposed Order View on PACER	Feb. 12, 2020	Feb. 12, 2020 PACER
5	Order on Pretrial Deadlines: Amended Pleadings due by 4/12/2020. Discovery due by 8/13/2020. Dispositive Motions due by 9/17/2020. Signed by Clerk on 02/12/2020.(Murphy, Tatihana) (Entered: 02/12/2020)	Feb. 12, 2020	Feb. 12, 2020 PACER
6	ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Robert N. Chatigny on 02/12/2020.(Murphy, Tatihana) (Entered: 02/12/2020)	Feb. 12, 2020	Feb. 12, 2020 PACER
7	STANDING PROTECTIVE ORDER Signed by Judge Robert N. Chatigny on 02/12/2020.(Murphy, Tatihana) (Entered: 02/12/2020)	Feb. 12, 2020	Feb. 12, 2020 RECAP
8	MOTION for Attorney(s) Kristen K. Waggoner to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5692198) by Chelsea Mitchell, Alanna Smith, Selina Soule. (Attachments: # 1 Affidavit of Kristen K. Waggoner, # 2 Text of Proposed Order)(Wood, Howard) (Entered: 02/12/2020) 1 Affidavit of Kristen K. Waggoner View on PACER 2 Text of Proposed Order View on PACER	Feb. 12, 2020	Feb. 12, 2020 PACER
9	NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 5 Order on Pretrial Deadlines, 3 MOTION for Attorney(s) Jeffrey A. Shafer to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5691855) filed by Chelsea Mitchell, Alanna Smith, Selina Soule, 6 Electronic Filing Order, 4 MOTION for Attorney(s) Christiana M. Holcomb to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5691868) filed by Chelsea Mitchell, Alanna Smith, Selina Soule, 2 MOTION for Attorney(s) Roger G. Brooks to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5691797) filed by Chelsea Mitchell, Alanna Smith, Selina Soule, 8 MOTION for Attorney(s) Kristen K. Waggoner to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5692198) filed by Chelsea Mitchell, Alanna Smith, Selina Soule, 7 Standing Protective Order, 1 Complaint filed by Chelsea Mitchell, Alanna Smith, Selina Soule Signed by Clerk on 02/12/2020.(Murphy, Tatihana) (Entered: 02/12/2020)	Feb. 12, 2020	Feb. 12, 2020 PACER
10	ORDER granting 2 Motion to Appear Pro Hac Vice as to Roger G. Brooks. Certificate of Good Standing due by 4/12/2020. Signed by Clerk on 02/12/2020. (Murphy, Tatihana) (Entered: 02/12/2020)	Feb. 12, 2020	Feb. 12, 2020 PACER
11	ORDER granting 3 Motion to Appear Pro Hac Vice as to Jeffrey A. Shafer. Certificate of Good Standing due by 4/12/2020.. Signed by Clerk on 02/12/2020. (Murphy, Tatihana) (Entered: 02/12/2020)	Feb. 12, 2020	Feb. 12, 2020 PACER
12	MOTION for Preliminary Injunction by Chelsea Mitchell, Alanna Smith, Selina Soule.Responses due by 3/4/2020 (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Text of Proposed Order)(Wood, Howard) (Entered: 02/12/2020) 1 Memorandum in Support View on RECAP 2 Exhibit A View on RECAP 3 Exhibit B View on RECAP 4 Exhibit C View on RECAP 5 Text of Proposed Order View on RECAP	Feb. 12, 2020	Feb. 12, 2020 RECAP
13	ORDER granting 4 Motion to Appear Pro Hac Vice as to Christiana M. Holcomb. Certificate of Good Standing due by 4/12/2020. Signed by Clerk on 02/12/2020. (Murphy, Tatihana) (Entered: 02/12/2020)	Feb. 12, 2020	Feb. 12, 2020 PACER
14	ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to Bloomfield Public Schools Board of Education, Canton Public Schools Board of Education, Connecticut Association of Schools, Inc., Cromwell Public Schools Board of Education, Danbury Public Schools Board of Education, Glastonbury Public Schools Board of Education with answer to complaint due within 21 days. Attorney Howard M. Wood, III Phelon, Fitzgerald & Wood 773 Main St. Manchester, CT 06040. (Murphy, Tatihana) (Entered: 02/12/2020)	Feb. 12, 2020	Feb. 12, 2020 PACER
15	MOTION to Expedite Hearing to Show Cause and Briefing Schedule by Chelsea Mitchell, Alanna Smith, Selina Soule. (Attachments: # 1 Text of Proposed Order)(Wood, Howard) (Entered: 02/12/2020) 1 Text of Proposed Order View on RECAP	Feb. 12, 2020	Feb. 12, 2020 RECAP
16	MOTION for Attorney(s) Kristen K. Waggoner to be Admitted Pro Hac Vice by Chelsea Mitchell, Alanna Smith, Selina Soule. (Attachments: # 1 Affidavit of Kristen Waggoner, # 2 Text of Proposed Order)(Wood, Howard) (Entered: 02/13/2020) 1 Affidavit of Kristen Waggoner View on PACER 2 Text of Proposed Order View on PACER	Feb. 13, 2020	Feb. 13, 2020 PACER
17	ORDER granting 16 Motion to Appear Pro Hac Vice Certificate of Good Standing due by 4/14/2020. Signed by Clerk on 2/14/2020. (Murphy, Tatihana) (Entered: 02/14/2020)	Feb. 14, 2020	Feb. 14, 2020 PACER
	Order on Motion for Admission Pro Hac Vice	Feb. 14, 2020	Feb. 14, 2020 PACER
18	ORDER denying as moot 8 Motion to Appear pro hac vice in light of ECF No.17. Signed by Judge Robert N. Chatigny on 2/14/2020. (Rickevicius, L.) (Entered: 02/14/2020)	Feb. 14, 2020	Feb. 14, 2020 PACER
19	NOTICE of Appearance by Dan Barrett on behalf of Andraya Yearwood, Thania Edwards (Barrett, Dan) (Entered: 02/14/2020)	Feb. 14, 2020	Feb. 14, 2020 PACER
20	OBJECTION re 15 MOTION to Expedite Hearing to Show Cause and Briefing Schedule filed by Thania Edwards, Andraya Yearwood. (Barrett, Dan) (Entered: 02/14/2020)	Feb. 14, 2020	Feb. 14, 2020 RECAP
21	NOTICE of Appearance by Jeff Shafer on behalf of Chelsea Mitchell, Alanna Smith, Selina Soule (Shafer, Jeff) (Entered: 02/14/2020)	Feb. 14, 2020	Feb. 14, 2020 PACER
22	NOTICE of Appearance by Roger Greenwood Brooks on behalf of Chelsea Mitchell, Alanna Smith, Selina Soule (Brooks, Roger) (Entered: 02/14/2020)	Feb. 14, 2020	Feb. 14, 2020 PACER
23	NOTICE of Appearance by Christiana M. Holcomb on behalf of Chelsea Mitchell, Alanna Smith, Selina Soule (Holcomb, Christiana) (Entered: 02/14/2020)	Feb. 14, 2020	Feb. 14, 2020 PACER
24	REPLY to Response to 15 MOTION to Expedite Hearing to Show Cause and Briefing Schedule filed by Chelsea Mitchell, Alanna Smith, Selina Soule. (Howard, James) (Entered: 02/18/2020)	Feb. 18, 2020	Feb. 18, 2020 RECAP
25	NOTICE of Appearance by Kristen Waggoner on behalf of Chelsea Mitchell, Alanna Smith, Selina Soule (Waggoner, Kristen) (Entered: 02/19/2020)	Feb. 19, 2020	Feb. 19, 2020 PACER
26	SUMMONS Returned Executed by Alanna Smith, Chelsea Mitchell, Selina Soule. Bloomfield Public Schools Board of Education served on 2/18/2020, answer due 3/10/2020; Canton Public Schools Board of Education served on 2/18/2020, answer due 3/10/2020; Connecticut Association of Schools, Inc. served on 2/19/2020, answer due 3/11/2020; Cromwell Public Schools Board of Education served on 2/19/2020, answer due 3/11/2020; Danbury Public Schools Board of Education served on 2/19/2020, answer due 3/11/2020; Glastonbury Public Schools Board of Education served on 2/18/2020, answer due 3/10/2020. (Howard, James) (Entered: 02/20/2020)	Feb. 20, 2020	Feb. 20, 2020 PACER
	Calendar Entry	Feb. 20, 2020	Feb. 20, 2020 PACER
27	NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephone Conference Re: Next Steps set for 2/27/2020 at 2:00 PM before Judge Robert N. Chatigny. Plaintiffs' counsel will initiate the call to chambers at 860-240-2629 (conference line only) with all counsel on the line. (Rickevicius, L.) (Entered: 02/20/2020)	Feb. 20, 2020	Feb. 20, 2020 PACER
28	CERTIFICATE OF GOOD STANDING re 4 MOTION for Attorney(s) Christiana M. Holcomb to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5691868) by Chelsea Mitchell, Alanna Smith, Selina Soule. (Holcomb, Christiana) (Entered: 02/20/2020)	Feb. 20, 2020	Feb. 20, 2020 PACER
29	CERTIFICATE OF GOOD STANDING re 3 MOTION for Attorney(s) Jeffrey A. Shafer to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5691855) by Chelsea Mitchell, Alanna Smith, Selina Soule. (Shafer, Jeff) (Entered: 02/20/2020)	Feb. 20, 2020	Feb. 20, 2020 PACER
30	CERTIFICATE OF GOOD STANDING re 16 MOTION for Attorney(s) Kristen K. Waggoner to be Admitted Pro Hac Vice by Chelsea Mitchell, Alanna Smith, Selina Soule. (Waggoner, Kristen) (Entered: 02/20/2020)	Feb. 20, 2020	Feb. 20, 2020 PACER
31	NOTICE of Appearance by Peter Joseph Murphy on behalf of Connecticut Association of Schools, Inc. (Murphy, Peter) (Entered: 02/20/2020)	Feb. 20, 2020	Feb. 20, 2020 PACER
32	NOTICE of Appearance by Linda L. Yoder on behalf of Connecticut Association of Schools, Inc. (Yoder, Linda) (Entered: 02/20/2020)	Feb. 20, 2020	Feb. 20, 2020 PACER
33	NOTICE of Appearance by Johanna G. Zelman on behalf of Bloomfield Public Schools Board of Education, Cromwell Public Schools Board of Education (Zelman, Johanna) (Entered: 02/21/2020)	Feb. 21, 2020	Feb. 21, 2020 PACER

Case: Soule v. Connecticut Association of Schools, Inc.

3:20-cv-00201 | U.S. District Court for the District of Connecticut

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