Case: A.M. v. Indianapolis Public Schools

1:22-cv-01075 | U.S. District Court for the Southern District of Indiana

Filed Date: May 24, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This case was brought by a 10-year-old transgender girl barred from playing with her school’s all-girls softball team. On May 24, 2022, she filed this lawsuit in the U.S. District Court for the Southern District of Indiana. The complaint explained that A.M. had been living as a girl since she was four years old, that the state had changed her gender marker to female on her birth certificate following a court hearing, and that she had previously been allowed to play on the girls’ team. But then …

This case was brought by a 10-year-old transgender girl barred from playing with her school’s all-girls softball team. On May 24, 2022, she filed this lawsuit in the U.S. District Court for the Southern District of Indiana. The complaint explained that A.M. had been living as a girl since she was four years old, that the state had changed her gender marker to female on her birth certificate following a court hearing, and that she had previously been allowed to play on the girls’ team. But then Indiana passed House Enrolled Act 1041 (HEA 1041), effective July 1, 2022.  Under that statute, she complained, she would not be allowed to play on the girls’ team anymore. So she sued Indianapolis Public Schools under Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq., which forbids education discrimination based on sex. She also alleged a violation of the Equal Protection Clause of the Fourteenth Amendment. Both claims rested on the argument that transgender discrimination constitutes sex discrimination, as the Supreme Court found in a case brought under the federal employment antidiscrimination law, in Bostock v. Clayton County, 140 S. Ct. 1731 (2020). Represented by the ACLU of Indiana, they asked the court to declare that HEA 1041is illegal. She sought both a preliminary and permanent injunction enjoining HEA 1041 and allowing plaintiff to play on school-sponsored girls’ sports teams, and she asked for attorneys’ fees and costs. 

The case was assigned to Judge Jane Magnus-Stinson; the preliminary injunction has not yet been adjudicated.  However, the state requested and on June 6, 2022, received permission to intervene in the lawsuit as a defendant. As of June 6, 2022, this case is ongoing.

Summary Authors

Michelle Landry (6/8/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63334312/parties/am-v-indianapolis-public-schools/


Judge(s)
Attorney for Plaintiff

Falk, Kenneth J. (Indiana)

Attorney for Defendant
Expert/Monitor/Master/Other

Barta, James A. (Indiana)

Cork, Michael J. (Indiana)

Fisher, Thomas M. (Indiana)

Holmes, Melinda Rebecca (Indiana)

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Documents in the Clearinghouse

Document
1

1:22-cv-01075

Complaint for Declaratory and Injunctive Relief / Notice of Challenge to Constitutionality of Indiana Statute

May 24, 2022

May 24, 2022

Complaint
24

1:22-cv-01075

Memorandum in Support of Motion for Preliminary Injunction

June 2, 2022

June 2, 2022

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63334312/am-v-indianapolis-public-schools/

Last updated March 7, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief / Notice to Challenge to Constitutionality of Indiana Statute against All Defendants, filed by A.M.. (Filing fee $402, receipt number AINSDC-7117656) (Attachments: # 1 Cover Letter, # 2 Proposed Summons)(Falk, Kenneth) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

Clearinghouse
2

NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiff A.M.. (Falk, Kenneth) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

PACER
3

NOTICE of Appearance by Gavin Minor Rose on behalf of Plaintiff A.M.. (Rose, Gavin) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

PACER
4

NOTICE of Appearance by Stevie J. Pactor on behalf of Plaintiff A.M.. (Pactor, Stevie) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER
5

NOTICE of Constitutional Question, filed by Plaintiff A.M. (Attachments: # 1 Text of Proposed Order) (Falk, Kenneth) Modified on 5/25/2022 (MRI). (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER
6

MOTION for Mother, Legal Guardian, and Next Friend to Proceed by Pseudonym, filed by Plaintiff A.M.. (Attachments: # 1 Declaration of E.M., # 2 Text of Proposed Order)(Falk, Kenneth) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER
7

BRIEF/MEMORANDUM in Support re 6 MOTION for Mother, Legal Guardian, and Next Friend to Proceed by Pseudonym, filed by Plaintiff A.M.. (Falk, Kenneth) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER
8

MOTION for Preliminary Injunction, filed by Plaintiff A.M.. (Attachments: # 1 Exhibit Declaration of Dr. Fortenberry, # 2 Exhibit Declaration of E.M., # 3 Text of Proposed Order)(Falk, Kenneth) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER
9

Summons Issued as to INDIANAPOLIS PUBLIC SCHOOLS and SUPERINTENDENT, INDIANAPOLIS PUBLIC SCHOOLS. (DJH) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER
10

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER
11

SEALED -Notice of Intention to Seek Leave to Proceed by Pseudonym, filed by Plaintiff A.M.. (Falk, Kenneth) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER
12

PRACTICES AND PROCEDURES before Judge Jane Magnus-Stinson. (MRI) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER
13

MOTION to Substitute Declaration of E.M., filed by Plaintiff A.M.. (Attachments: # 1 Exhibit Declaration of E.M., # 2 Text of Proposed Order)(Falk, Kenneth) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER
14

SCHEDULING ORDER: This matter is set for a Telephonic Status Conference set for 5/31/2022 at 1:15 PM (Eastern Time) to discuss a schedule regarding 8 Plaintiff's Motion for Preliminary Injunction. Counsel for Plaintiff is to serve Defendants. The parties shall attend the conference by calling 888-557-8511, Access Code 4695972, Security Code 221075. (See Order.) Signed by Magistrate Judge Doris L. Pryor on 5/26/2022. (GD) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER
15

NOTICE of Appearance by Anne Kramer Ricchiuto on behalf of Defendants INDIANAPOLIS PUBLIC SCHOOLS, SUPERINTENDENT, INDIANAPOLIS PUBLIC SCHOOLS. (Ricchiuto, Anne) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

PACER
16

NOTICE of Compliance with Local Rule 10-1, filed by Plaintiff A.M. (Falk, Kenneth) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

PACER
17

NOTICE of Appearance by Thomas M. Fisher on behalf of Intervenor STATE OF INDIANA. (Fisher, Thomas) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

PACER
18

MOTION to Intervene, filed by Intervenor STATE OF INDIANA. (Fisher, Thomas) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

PACER
19

NOTICE of Appearance by James A. Barta on behalf of Intervenor STATE OF INDIANA. (Barta, James) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

PACER
20

NOTICE of Appearance by Julia Catherine Payne on behalf of Intervenor STATE OF INDIANA. (Payne, Julia) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

PACER
21

NOTICE of Appearance by Melinda Rebecca Holmes on behalf of Intervenor STATE OF INDIANA. (Holmes, Melinda) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

PACER
22

ORDER - This matter comes before the Court on the Plaintiff's Motion to Substitute Declaration of E.M., Dkt. [ 13 ]. The Court, being duly advised, hereby GRANTS said Motion. The Clerk is directed to enter the corrected declaration (Dkt. 13-1) on the docket and shall link the corrected declaration to Docket 8. Signed by Magistrate Judge Doris L. Pryor on 5/31/2022. (SWM) (Entered: 06/01/2022)

May 31, 2022

May 31, 2022

PACER
23

DECLARATION (Corrected) of E.M. re 8 Motion for Preliminary Injunction, filed by A.M. (SWM) (Entered: 06/01/2022)

May 31, 2022

May 31, 2022

PACER
24

BRIEF/MEMORANDUM in Support re 8 MOTION for Preliminary Injunction, filed by Plaintiff A.M.. (Falk, Kenneth) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

Clearinghouse
25

NOTICE of Compliance with Local Rule 10-1 (Second), filed by Plaintiff A.M. (Falk, Kenneth) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER
26

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by counsel telephonically for an Initial Pre-Trial Conference on May 31, 2022 pursuant to Rule 16 of the Federal Rules of Civil Procedure regarding the Plaintiff's Motion for Preliminary Injunction, Dkt. 8 . The Court established a schedule to prepare this matter for a hearing. **See Entry for additional information.** Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 06/03/2022)

June 3, 2022

June 3, 2022

PACER
27

ORDER - The Court, having reviewed the State's motion to intervene, orders that the motion is GRANTED 18 . Signed by Judge Jane Magnus-Stinson on 6/6/2022. (JDC) (Entered: 06/06/2022)

June 6, 2022

June 6, 2022

PACER
28

NOTICE of Appearance by Patrick A. Shoulders on behalf of Material Witness IHSAA. (Shoulders, Patrick) (Entered: 06/07/2022)

June 7, 2022

June 7, 2022

PACER
29

Appendix of Exhibits in Support of Response in Opposition to Motion re 8 MOTION for Preliminary Injunction, filed by Defendants INDIANAPOLIS PUBLIC SCHOOLS, SUPERINTENDENT, INDIANAPOLIS PUBLIC SCHOOLS. (Attachments: # 1 Exhibit A - IPS Dep. Exhibit 11, # 2 Exhibit B - IPS Dep. Excerpts, # 3 Exhibit C - IPS Dep. Exhibit 7)(Ricchiuto, Anne) (Entered: 06/17/2022)

June 17, 2022

June 17, 2022

PACER
30

NOTICE of Appearance by Michael J. Cork on behalf of Amicus Parties Selina Soule, Madison Kenyon, Cynthia Monteleone, Chelsea Mitchell, Debra Powers. (Cork, Michael) (Entered: 06/17/2022)

June 17, 2022

June 17, 2022

PACER
31

MOTION for Leave to File Brief of Amici Curiae in Support of Defendant-Intervenor State of Indiana, filed by Amicus Parties Madison Kenyon, Chelsea Mitchell, Cynthia Monteleone, Debra Powers, Selina Soule. (Attachments: # 1 Exhibit Brief of Amici Curiae From Five Female Athletes in Support of Defendant-Intervenor State of Indiana, # 2 Text of Proposed Order)(Cork, Michael) (Entered: 06/17/2022)

June 17, 2022

June 17, 2022

PACER
32

MOTION for Attorney(s) Jonathan Scruggs to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7153257), filed by Amicus Parties Madison Kenyon, Chelsea Mitchell, Cynthia Monteleone, Debra Powers, Selina Soule. (Attachments: # 1 Text of Proposed Order)(Scruggs, Jonathan) (Entered: 06/17/2022)

June 17, 2022

June 17, 2022

PACER
33

MOTION for Attorney(s) Christiana Holcomb to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7153258), filed by Amicus Parties Madison Kenyon, Chelsea Mitchell, Cynthia Monteleone, Debra Powers, Selina Soule. (Attachments: # 1 Text of Proposed Order)(Holcomb, Christiana) (Entered: 06/17/2022)

June 17, 2022

June 17, 2022

PACER
34

MOTION for Attorney(s) Rachel Csutoros to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7153260), filed by Amicus Parties Madison Kenyon, Chelsea Mitchell, Cynthia Monteleone, Debra Powers, Selina Soule. (Attachments: # 1 Text of Proposed Order)(Csutoros, Rachel) (Entered: 06/17/2022)

June 17, 2022

June 17, 2022

PACER
35

RESPONSE in Opposition re 8 MOTION for Preliminary Injunction, filed by Defendants INDIANAPOLIS PUBLIC SCHOOLS, SUPERINTENDENT, INDIANAPOLIS PUBLIC SCHOOLS. (Ricchiuto, Anne) (Entered: 06/17/2022)

June 17, 2022

June 17, 2022

PACER
36

RESPONSE in Opposition re 8 MOTION for Preliminary Injunction, filed by Intervenor STATE OF INDIANA. (Attachments: # 1 Exhibit 1 - Expert Report of William Bock, III, # 2 Exhibit 2 - IHSAA Deposition (John Paul Neidig), # 3 Exhibit 3 - IHSAA Gender Policy, # 4 Exhibit 4 - IPS Deposition (Kim Kennedy and Darren Thomas), # 5 Exhibit 5 - James Fortenberry, M.D., M.S. Deposition, # 6 Exhibit 6 - Declaration of Emma Hilton, PhD, # 7 Exhibit 7 - Declaration of Tommy Lundberg, PhD, # 8 Exhibit 8 - Expert Witness Declaration of Nancy Hogshead-Makar, J.D., # 9 Exhibit 9 - Expert Report of James M. Cantor, PhD)(Fisher, Thomas) (Entered: 06/17/2022)

1 Exhibit 1 - Expert Report of William Bock, III

View on PACER

2 Exhibit 2 - IHSAA Deposition (John Paul Neidig)

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3 Exhibit 3 - IHSAA Gender Policy

View on PACER

4 Exhibit 4 - IPS Deposition (Kim Kennedy and Darren Thomas)

View on PACER

5 Exhibit 5 - James Fortenberry, M.D., M.S. Deposition

View on PACER

6 Exhibit 6 - Declaration of Emma Hilton, PhD

View on PACER

7 Exhibit 7 - Declaration of Tommy Lundberg, PhD

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8 Exhibit 8 - Expert Witness Declaration of Nancy Hogshead-Makar, J.D.

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9 Exhibit 9 - Expert Report of James M. Cantor, PhD

View on PACER

June 17, 2022

June 17, 2022

PACER
37

Appendix of Exhibits in Support of Response in Opposition to Motion re 8 MOTION for Preliminary Injunction, filed by Intervenor STATE OF INDIANA. (Fisher, Thomas) (Entered: 06/17/2022)

June 17, 2022

June 17, 2022

PACER
38

MOTION to Exclude Opinions of Fortenberry, filed by Intervenor STATE OF INDIANA. (Fisher, Thomas) (Entered: 06/17/2022)

June 17, 2022

June 17, 2022

PACER
39

BRIEF/MEMORANDUM in Support re 38 MOTION to Exclude Opinions of Fortenberry, filed by Intervenor STATE OF INDIANA. (Attachments: # 1 Exhibit 1 - Email from Ken Falk RE Potential Deposition Dates, # 2 Exhibit 2 - James D. Fortenberry Deposition Notice, # 3 Exhibit 3 - James D. Fortenberry Supplemental Declaration)(Fisher, Thomas) (Entered: 06/17/2022)

June 17, 2022

June 17, 2022

PACER
40

MOTION to Withdraw Attorney Appearance, filed by Material Witness IHSAA. (Attachments: # 1 Text of Proposed Order Order on Motion to Withdraw Appearance)(Shoulders, Patrick) (Entered: 06/20/2022)

June 20, 2022

June 20, 2022

PACER
41

ORDER granting 32 Motion to Appear pro hac vice. Attorney Jonathan Scruggs for Madison Kenyon, Chelsea Mitchell, Cynthia Monteleone, Debra Powers and Selina Soule added. Signed by Magistrate Judge Doris L. Pryor on 6/23/2022. (SWM) (Entered: 06/24/2022)

June 23, 2022

June 23, 2022

PACER
42

ORDER granting 33 Motion to Appear pro hac vice. Attorney Christiana M. Holcomb for Chelsea Mitchell, Madison Kenyon, Cynthia Monteleone, Debbie Powers, and Selina Soule added. Signed by Magistrate Judge Doris L. Pryor on 6/23/2022. (SWM) (Entered: 06/24/2022)

June 23, 2022

June 23, 2022

PACER
43

ORDER granting 34 Motion to Appear pro hac vice. Attorney Rachel Csutoros for Chelsea Mitchell, Madison Kenyon, Cynthia Monteleone, Debbie Powers and Selina Soule added. Signed by Magistrate Judge Doris L. Pryor on 6/23/2022. (SWM) (Entered: 06/24/2022)

June 23, 2022

June 23, 2022

PACER
44

ORDER granting 40 Motion to Withdraw Attorney Appearance. Attorney Patrick A. Shoulders withdrawn. The Clerk is directed to terminate IHSAA from the docket. Signed by Magistrate Judge Doris L. Pryor on 6/23/2022. (SWM) (Entered: 06/24/2022)

June 23, 2022

June 23, 2022

PACER
45

Unopposed MOTION for Leave to File Answer, filed by Defendants INDIANAPOLIS PUBLIC SCHOOLS, SUPERINTENDENT, INDIANAPOLIS PUBLIC SCHOOLS. (Attachments: # 1 Exhibit A - Answer to Complaint, # 2 Text of Proposed Order)(Ricchiuto, Anne) (Entered: 06/24/2022)

June 24, 2022

June 24, 2022

PACER
46

Unopposed MOTION for Leave to File Answer, filed by Intervenor STATE OF INDIANA. (Attachments: # 1 Exhibit Exhibit A - Answer to Complaint, # 2 Exhibit Proposed Order)(Fisher, Thomas) (Entered: 06/30/2022)

1 Exhibit Exhibit A - Answer to Complaint

View on PACER

2 Exhibit Proposed Order

View on PACER

June 30, 2022

June 30, 2022

PACER
47

MOTION to Exclude Expert Testimony, filed by Plaintiff A.M.. (Attachments: # 1 Exhibit 1 (Dep. of J. Cantor) (with exhibits), # 2 Exhibit 2 (Dep. of E. Hilton) (with exhibits), # 3 Exhibit 3 (Dep. of T. Lundberg) (with exhibits), # 4 Exhibit 4 (Tack, et al. study))(Rose, Gavin) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

PACER
48

BRIEF/MEMORANDUM in Support re 47 MOTION to Exclude Expert Testimony, filed by Plaintiff A.M.. (Rose, Gavin) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

PACER
49

RESPONSE in Opposition re 38 MOTION to Exclude Opinions of Fortenberry, filed by Plaintiff A.M.. (Rose, Gavin) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

RECAP
50

REPLY in Support of Motion re 8 MOTION for Preliminary Injunction, filed by Plaintiff A.M.. (Attachments: # 1 Exhibit WPATH Standards)(Falk, Kenneth) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

PACER
51

ORDER granting Defendants' 45 Motion for Leave to File Answer. The Clerk is directed to docket Dkt. 45-1 as Defendants' Answer to the Complaint Answer. Signed by Magistrate Judge Doris L. Pryor on 6/30/2022. (SWM) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

RECAP
52

ANSWER to 1 Complaint, filed by INDIANAPOLIS PUBLIC SCHOOLS and SUPERINTENDENT, INDIANAPOLIS PUBLIC SCHOOLS.(SWM) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

PACER
53

ORDER - E.M., the mother and next friend of the plaintiff in this case, having filed her motion to proceed by a pseudonym and Notice in compliance with Local Rule 10-1, and the Court being duly advised, finds that good cause exists to grant the motion, and, IT IS THEREFORE ORDERED that the Motion for Mother, Legal Guardian, and Next Friend to Proceed by Pseudonym is GRANTED 6, and the mother of the plaintiff shall proceed in this case as E.M. and defendants shall not publicly disclose her true name. Signed by Judge Jane Magnus-Stinson on 6/30/2022. (CKM) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

RECAP
54

REPLY in Support of Motion re 38 MOTION to Exclude Opinions of Fortenberry, filed by Intervenor STATE OF INDIANA. (Fisher, Thomas) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

PACER
55

ORDER granting 46 Motion for Leave to File Intervenor State of Indiana's Answer. The Intervenor is granted leave to file abelated answer, and the Clerk is directed to docket Dkt. 46-1 as Intervenor'sAnswer to the Complaint. Signed by Magistrate Judge Doris L. Pryor on 7/8/2022. (CBU) (Entered: 07/11/2022)

July 8, 2022

July 8, 2022

RECAP
56

ANSWER and DEFENSES to 1 Complaint, filed by STATE OF INDIANA, Intervenor (Ordered filed this date)(CBU) (Entered: 07/11/2022)

July 8, 2022

July 8, 2022

RECAP
57

RESPONSE in Opposition re 47 MOTION to Exclude Expert Testimony, filed by Intervenor STATE OF INDIANA. (Attachments: # 1 Exhibit 1 - Lundberg Supplemental Declaration, # 2 Exhibit 2 - Hilton Supplemental Declaration, # 3 Exhibit 3 - Cantor Supplemental Declaration)(Fisher, Thomas) (Entered: 07/14/2022)

July 14, 2022

July 14, 2022

PACER
58

REPLY in Support of Motion re 47 MOTION to Exclude Expert Testimony, filed by Plaintiff A.M.. (Rose, Gavin) (Entered: 07/19/2022)

July 19, 2022

July 19, 2022

PACER
59

MOTION for Leave to File Surreply in Opposition to Plaintiff's Motion to Exclude Expert Testimony, filed by Intervenor STATE OF INDIANA. (Attachments: # 1 Exhibit State's Surreply in Opposition to Plaintiff's Motion to Exclude Expert Testimony)(Fisher, Thomas) (Entered: 07/25/2022)

July 25, 2022

July 25, 2022

PACER
60

MARGINAL ENTRY - Notice of Constitutional Question - Pursuant to 28 U.S.C. 2403 and Fed. R. Civ. P. 5.1, the Court CERTIFIES to the Attorney General of the State of Indiana the question of whether Indiana Code Section 20-33-13-4 violates the Equal Protection Clause of the Fourteenth Amendment to theUnited States Constitution. The Court has already permitted the State of Indiana to intervene in this matter. Dkt. [27.] No further action on Plaintiff's Notice of Constitutional Question, 5, is necessary and the Clerk is DIRECTED to terminate the Notice as a motion. Signed by Judge Jane Magnus-Stinson on 7/25/2022.(JDC) (Entered: 07/25/2022)

July 25, 2022

July 25, 2022

PACER
61

***VACATED PER ORDER AT 79 *** ORDER - Indiana Code § 20-33-13-4, which took effect just a few weeks ago on July 1, 2022, explicitly prohibits a male, based on an individual's sex at birth, from participating on an athletic team that is designated as being a female, women's, or girls' athletic team. Plaintiff A.M. is a ten-year-old transgender girl whose birth-assigned sex was male. Since informing her family before she was four years old that she was a girl, she has been living as a girl and has consistently used her preferred female first name and dressed and appeared as a girl. A.M. has been diagnosed with gender dysphoria,1 receives medical treatment, and is currently taking a puberty blocker. In 2021, an Indiana state court entered an order changing the gender marker on A.M.'s birth certificate to female and changing her legal first name to her preferred female first name. A.M. is a rising fifth grader at one of the elementary schools within Defendant Indianapolis Public Schools ("IPS"), and her classmates know her only as a girl. Last school year, she played on an IPS girls' softball team, but IPS has informed A.M.'s mother that because of Indiana Code § 20-33-13-4, A.M. will not be able to play on the girls' softball team this year. She has filed a Motion for Preliminary Injunction, seeking to enjoin the enforcement of § 20-33-13-4 so that she can play on the girls' softball team beginning in mid-August. [Filing No. 8 .] IPS and the Superintendent take no position regarding whether the Court should issue a preliminary injunction, [Filing No. 35 ], but the State of Indiana has intervened in this case and opposes A.M.'s motion, [Filing No. 27 ; Filing No. 36 ]. Additionally, both A.M. and the State have filed motions to exclude expert opinions offered by the other in connection with the Motion for Preliminary Injunction, [Filing No. 38 ; Filing No. 47 ], and five female athletes have filed a Motion for Leave to File Brief of Amici Curiae in support of the State's opposition to the issuance of a preliminary injunction, [Filing No. 31 ]. All of these motions are now ripe for the Court's adjudication. A.M. has shown - along with satisfying the other requirements for the issuance of a preliminary injunction - that she has a likelihood of succeeding on the merits of her claim that § 20-33-13-4 violates Title IX. Accordingly, the Court GRANTS A.M.'s Motion for Preliminary Injunction, 8 . The Court also DENIES the Motion for Leave to File Brief of Amici Curiae From Five Female Athletes in Support of Defendant-Intervenor the State of Indiana, 31, DENIES AS MOOT the State's Motion to Exclude Opinions of Fortenberry, 38, DENIES AS MOOT A.M.'s Motion to Exclude Expert Testimony, 47, and DENIES AS MOOT the State's Motion for Leave to File Surreply in Opposition to Plaintiff's Motion to Exclude Expert Testimony, 59 . IPS and the Superintendent are PRELIMINARILY ENJOINED until further order of this Court from applying Indiana Code § 20-33-13-4 to prohibit A.M. from playing on the girls' softball team. The injunction shall issue in a separate Order. (See Order). Signed by Judge Jane Magnus-Stinson on 7/26/2022. (AKH) Modified on 1/19/2023 (JSR). (Entered: 07/26/2022)

July 26, 2022

July 26, 2022

RECAP
62

PRELIMINARY INJUNCTION - For the reasons stated in the Court's Order entered this day, Defendants are PRELIMINARILY ENJOINED until further order of this Court from applying Indiana Code § 20-33-13-4 to prohibit Plaintiff A.M. from playing on any IPS girls' softball team. Signed by Judge Jane Magnus-Stinson on 7/26/2022.(AKH) (Entered: 07/26/2022)

July 26, 2022

July 26, 2022

RECAP
63

NOTICE OF APPEAL, filed by Intervenor STATE OF INDIANA, re 62 Preliminary Injunction. (Fisher, Thomas) (Entered: 07/26/2022)

July 26, 2022

July 26, 2022

RECAP
64

NOTICE OF APPEAL as to 62 Preliminary Injunction, filed by Intervenor STATE OF INDIANA. (Filing fee $505, receipt number AINSDC-7208114) (Fisher, Thomas) (Entered: 07/27/2022)

July 27, 2022

July 27, 2022

RECAP
65

DOCKETING STATEMENT by STATE OF INDIANA re 64 Notice of Appeal (Fisher, Thomas) (Entered: 07/27/2022)

July 27, 2022

July 27, 2022

PACER
66

PARTIES' SHORT RECORD re 64 Notice of Appeal - Instructions for Attorneys/Parties attached. (LBT) (Entered: 07/27/2022)

July 27, 2022

July 27, 2022

PACER
67

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 64 Notice of Appeal. - for Court of Appeals Use Only. (LBT) (Entered: 07/27/2022)

July 27, 2022

July 27, 2022

PACER
68

USCA Case Number 22-2332 for 64 Notice of Appeal filed by STATE OF INDIANA. (LBT) (Entered: 07/29/2022)

July 29, 2022

July 29, 2022

RECAP
69

Joint MOTION to Stay Case Pending Appeal, filed by Plaintiff A.M.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 09/11/2022)

Sept. 11, 2022

Sept. 11, 2022

PACER
70

Order Granting Stay - All matters in this case in this Court are stayed until 30 days after the issuance of the mandate from the Seventh Circuit Court of Appeals in the pending appeal of this Court's preliminary injunction order, or after the appeal is otherwise finalized, however, the previously entered preliminary injunction Dkts. 61 and 62, remains in full force and effect. (See Order.) Signed by Judge Jane Magnus-Stinson on 9/12/2022. (JSR) (Entered: 09/12/2022)

Sept. 12, 2022

Sept. 12, 2022

RECAP
71

MOTION to Withdraw Attorney Appearance, filed by Intervenor STATE OF INDIANA. (Attachments: # 1 Text of Proposed Order)(Payne, Julia) (Entered: 10/14/2022)

Oct. 14, 2022

Oct. 14, 2022

PACER
72

ORDER granting 71 Motion to Withdraw Attorney Appearance. Attorney Julia Catherine Payne withdrawn. Signed by Magistrate Judge Doris L. Pryor on 10/20/2022. (SWM) (Entered: 10/20/2022)

Oct. 20, 2022

Oct. 20, 2022

PACER
73

NOTICE of Appearance by Liam Williams on behalf of Defendants INDIANAPOLIS PUBLIC SCHOOLS, SUPERINTENDENT, INDIANAPOLIS PUBLIC SCHOOLS. (Williams, Liam) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER
74

MOTION to Withdraw Attorney Appearance, filed by Defendants INDIANAPOLIS PUBLIC SCHOOLS, SUPERINTENDENT, INDIANAPOLIS PUBLIC SCHOOLS. (Attachments: # 1 Text of Proposed Order)(Ricchiuto, Anne) (Entered: 11/01/2022)

Nov. 1, 2022

Nov. 1, 2022

PACER
75

ORDER granting 74 Motion to Withdraw Attorney Appearance. Attorney Anne Kramer Ricchiuto withdrawn. Signed by Magistrate Judge Doris L. Pryor on 11/7/2022. (SWM) (Entered: 11/07/2022)

Nov. 7, 2022

Nov. 7, 2022

PACER
76

Reassignment of Case to Magistrate Judge Mark J. Dinsmore. Magistrate Judge Doris L. Pryor is no longer assigned to this case. Please include the new case number (1:22-cv-01075-JMS-MJD), which includes the initials of the newly assigned judge, on all future filings in this matter. (RSF) (Entered: 12/12/2022)

Dec. 12, 2022

Dec. 12, 2022

PACER
77

Reassignment of Case to Magistrate Judge M. Kendra Klump. Magistrate Judge Mark J. Dinsmore is no longer assigned to this case. Please include the new case number (1:22-cv-01075-JMS-MKK), which includes the initials of the newly assigned judge, on all future filings in this matter. (Albertson, Steven) (Entered: 01/06/2023)

Jan. 6, 2023

Jan. 6, 2023

PACER
78

STIPULATION of Dismissal, as to Defendants INDIANAPOLIS PUBLIC SCHOOLS, SUPERINTENDENT, INDIANAPOLIS PUBLIC SCHOOLS, Intervenor STATE OF INDIANA, filed by A.M.. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 01/18/2023)

1 Text of Proposed Order

View on PACER

Jan. 18, 2023

Jan. 18, 2023

PACER
79

Acknowledgement of Dismissal - The parties, having filed their Joint Stipulation to Dismiss Case Because of Mootness, the Court acknowledges that the case has been DISMISSED, with each party to pay its own costs and attorneys' fees 78 . The preliminary injunction previously entered 61, is vacated. Signed by Judge Jane Magnus-Stinson on 1/19/2023. (JSR) (Entered: 01/19/2023)

Jan. 19, 2023

Jan. 19, 2023

RECAP
80

MANDATE of USCA as to 64 Notice of Appeal filed by STATE OF INDIANA (USCA #22-2332). Upon consideration of the DISMISSAL AGREEMENT, filed on January 18, 2023, by counsel for the parties, IT IS ORDERED that this appeal is DISMISSED pursuant to Federal Rule of Appellate Procedure 42(b)(1). IT IS FURTHER ORDERED that oral argument scheduled for February 15, 2023, is VACATED. (LF) (Entered: 01/19/2023)

Jan. 19, 2023

Jan. 19, 2023

PACER

Case Details

State / Territory: Indiana

Case Type(s):

Education

Key Dates

Filing Date: May 24, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A transgender girl seeking to rejoin her school's girls' softball team

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Indianapolis Public Schools (Indianapolis), 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.

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Access to public accommodations - governmental

Classification / placement

Education

School/University policies

Discrimination-area:

Sports

LGBTQ+:

LGBTQ+

Transgender: Sports

Discrimination-basis:

Gender identity

Type of Facility:

Government-run