Case: Peltier v. Charter Day School, Inc.

7:16-cv-00030 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Feb. 29, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

This lawsuit concerns a public charter school dress code that required female students to wear skirts. On February 29, 2016, three mothers of minor girls filed this lawsuit on their behalf in the U.S. District Court for the Eastern District of North Carolina. Represented by private counsel and the ACLU, they sued Charter Day School, Inc.; members of its Board of Trustees; and The Roger Bacon Academy, Inc., seeking declaratory relief, injunctive relief prohibiting the defendants from enforcing the uniform policy, attorneys' fees, and money damages to compensate the students for the violation of their rights, as well as any other relief the court deemed fair. The students alleged that the dress code violated the Fourteenth Amendment's Equal Protection Clause; Article I, section 19 of the North Carolina Constitution; Title IX; and North Carolina state law. The students claimed that the skirts restricted their movement, that pants would keep them warmer in the winter, and that the tights and leggings worn under the skirts would wear and tear quickly, necessitating frequent replacement. They asserted that the requirement was based on archaic stereotypes regarding modesty, femininity, and the idea that women ought to be less physically active. The students claimed that the dress code resulted in irreparable injury and threatened to harm their dignity.

The case was assigned to District Judge Malcolm J. Howard. A couple of weeks after filing the complaint, the students filed an amended complaint naming different Board of Trustees individuals.

On April 11, 2016, the defendants moved to dismiss the case. They argued that the plaintiffs' failed to sufficiently allege an Equal Protection violation because:

the plaintiffs voluntarily chose to attend the school;
the policy permitted students to wear leggings under their skirts or wear skorts;
the dress code was not based on impermissible gender stereotypes;
the plaintiffs' alleged harms would fail as a matter of law if asserted against a single-sex educational facility, which are permitted under NC state law; and
courts traditionally have, and should, refrain from regulating day-to-day issues in local schools.

The defendants also argued that the claims under the NC state constitution should be litigated in state court, that the plaintiffs had failed to make out a Title IX claim, that the claims were time-barred by the statute of limitations because the plaintiffs had been students at the school for more than three years, and that the individual board members were unnecessary parties to the litigation.

Throughout the remainder of 2016, the parties pursued discovery and worked with a mediator. In December of 2016, the defendants moved to compel a Rule 35 mental exam of the students. The defendants told the plaintiffs that psychology experts would be observing the students at school and interviewing their teachers the week of January 15, 2017. On January 6, the court denied the defendants' motion to compel Rule 35 exams and the plaintiffs emailed the defendants their objection to the observation and interview. The defendants agreed there would be no need for observation or interviews if neither parties’ experts testified about psychological effects. However, the defendants’ experts still interviewed and observed remotely, reporting no signs that skirts inhibited the students’ behavior.

On January 25, 2017, the plaintiffs filed a motion for appropriate relief seeking an order striking the defendants' expert report and imposing sanctions in the form of reasonable attorneys' fees and costs against the defendants’ former counsel for violating their duty of candor.

Judge Howard denied the defendants’ motion to dismiss on March 30, 2017. First, Judge Howard found that the defendants’ challenges to the Equal Protection claims tried to argue facts too early in the case and that the existence of single-sex schools in North Carolina was irrelevant. Judge Howard also found that, while courts should stay away from day-to-day issues at schools, children don’t lose their rights at school. Next, Judge Howard looked at the claims under the North Carolina Constitution and found they were not thoroughly addressed. Judge Howard found that the plaintiffs had alleged facts sufficient to survive a motion to dismiss on the Title IX claims and that determination of which regulations applied in this case was better suited for a later stage of litigation. The court also found that the statute of limitations was irrelevant, as the plaintiffs had alleged an ongoing constitutional violation. Finally, Judge Howard found that board members can statutorily be sued, even having insurance for such, and that they don’t have Eleventh Amendment immunity merely because charter schools are public schools. 2017 WL 1194460.

The court ordered a settlement conference mastered by Magistrate Judge Robert B. Jones. The conference reached an impasse at the end of May.

Magistrate Judge Kimberly A. Swank held a hearing on the plaintiffs' motion for appropriate relief in July. Shortly after the hearing, defendants’ counsel withdrew from the case and the defendants secured new counsel. On September 29, 2017, Judge Swank issued a finding that the defendants' prior `counsel had acted with deliberate indifference to or with willful disregard for the consequences of his actions, but the defendants were unaware. Judge Swank barred testimony and struck portions of the expert report about the observations and interviews and found monetary sanctions against the defendants’ counsel were appropriate. 2017 WL 11180226. The parties agreed to an undisclosed amount in November.

In late November 2017, both parties moved for summary judgment. On March 28, 2019, Judge Howard ruled on both motions. The court granted the defendants summary judgment on the Title IX claims, finding that Title IX did not speak directly to the question of school uniform policies and appearance codes, but that the U.S. Department of Education had interpreted Title IX to permit codes of personal appearance to be decided at the local level. Roger Bacon Academy, Inc. is not the legal entity charged with approving policies and was found to not fall under the state action doctrine of the constitutional claims. That defendant’s motion for summary judgment was granted. However, Judge Howard agreed with the students’ Equal Protection Clause claim against Charter Day School since the skirts requirement causes the girls to suffer a burden the boys do not, because they are female. Judge Howard found both the North Carolina Constitutional Claims and Breach of Contract Claims were not adequately addressed by either party, so denied them without prejudice. 348 F. Supp. 3d. On November 26th 2019 Judge Howard entered partial final judgment on the summary judgments. He ruled the requirement of the uniform policy violates the students’ rights and permanently enjoined the defendants from enforcing the skirt requirement. 2019 WL 13172406.

On January 20, 2021 the case was reassigned to District Judge Richard E. Myers II.

Both parties appealed to the United States Court of Appeals for the Fourth Circuit and argued the case. The court reversed and remanded on August 9, 2021. They found that Charter Day School is not a state actor and bound to an Equal Protection Claim. However, they found that the district court erred in dismissing the Title IX claim as the statute broadly prohibits sex-based discrimination in schools that receive federal funding. 8 F.4th 251.

The case was reargued and reheard en banc by the Fourth Circuit on June 14, 2022. The court granted the motion for summary judgment for the students’ on the Equal Protection Claim against Charter Day School, since it is a public charter school and acted under the color of state law. They vacated the district court’s Title IX ruling and remanded it back to them, finding by the plain language of the statute that Title IX unambiguously encompasses sex-based dress codes. 37 F.4th 104. The next month the US Court of Appeals granted $1,045.00 for the notices of appeal.

On September 12, 2022 the defendants petitioned the US Supreme Court for a Writ of Certiorari. On June 26, 2023, the US Supreme Court denied certiorari.

	Document
1 7:16-cv-00030	Complaint	Feb. 29, 2016	Feb. 29, 2016 Complaint
13 7:16-cv-00030	Amended Complaint	March 11, 2016	March 11, 2016 Complaint
76 7:16-cv-00030	Plaintiffs' Motion for Appropriate Relief	Jan. 25, 2017	Jan. 25, 2017 Pleading / Motion / Brief
91 7:16-cv-00030	Order	March 30, 2017	March 30, 2017 Order/Opinion 2017 WL 2017
136 7:16-cv-00030	Order	Sept. 29, 2017	Sept. 29, 2017 Order/Opinion 2017 WL 2017
216 7:16-cv-00030	Order	March 28, 2019	March 28, 2019 Order/Opinion 384 F.Supp.3d 384
244 7:16-cv-00030	Order	Nov. 26, 2019	Nov. 26, 2019 Order/Opinion 2019 WL 2019
245 7:16-cv-00030	Partial Final Judgment in a Civil Case	Nov. 26, 2019	Nov. 26, 2019 Order/Opinion
260 7:16-cv-00030 New Docket	Opinion from USCA U.S. Court of Appeals for the Fourth Circuit	Aug. 9, 2021	Aug. 9, 2021 Order/Opinion 8 F.4th 8
134 20-01001	Opinion on Rehearing En Banc U.S. Court of Appeals for the Fourth Circuit	June 14, 2022	June 14, 2022 Order/Opinion 37 F.4th 37

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Chad Adams, Dawn Carter, Charter Day School, Inc., Jeremy Dickinson, Melissa Gott, Robert P. Spencer, The Roger Bacon Academy, Inc. ( Filing fee $ 400 receipt number 0417-3596261.), filed by Patricia Brown, Erika Booth, Bonnie Peltier. (Attachments: # 1 Civil Cover Sheet, # 2 Index of Exhibits, # 3 Exhibit A - Uniform Policy, # 4 Exhibit B - Peltier Mitchell email exchange, # 5 Exhibit C - CDS Parent and Student Handbook 2015-16, # 6 Exhibit D - Charter Application 1999, # 7 Exhibit E - CDS Charter Agreement, # 8 Exhibit F - RBA CDS Management Agreement, # 9 Proposed Summons to Charter Day School, Inc., # 10 Proposed Summons to Robert P. Spencer, # 11 Proposed Summons to Chad Adams, # 12 Proposed Summons to Dawn Carter, # 13 Proposed Summons to Jeremy Dickinson, # 14 Proposed Summons to Melissa Gott, # 15 Proposed Summons to The Roger Bacon Academy, Inc.) (Marquis Segal, Lenor) (Entered: 02/29/2016) 1 Civil Cover Sheet View on PACER 2 Index of Exhibits View on PACER 3 Exhibit A - Uniform Policy View on PACER 4 Exhibit B - Peltier Mitchell email exchange View on PACER 5 Exhibit C - CDS Parent and Student Handbook 2015-16 View on PACER 6 Exhibit D - Charter Application 1999 View on PACER 7 Exhibit E - CDS Charter Agreement View on PACER 8 Exhibit F - RBA CDS Management Agreement View on PACER 9 Proposed Summons to Charter Day School, Inc. View on PACER 10 Proposed Summons to Robert P. Spencer View on PACER 11 Proposed Summons to Chad Adams View on PACER 12 Proposed Summons to Dawn Carter View on PACER 13 Proposed Summons to Jeremy Dickinson View on PACER 14 Proposed Summons to Melissa Gott View on PACER 15 Proposed Summons to The Roger Bacon Academy, Inc. View on PACER	Feb. 29, 2016	Feb. 29, 2016 Clearinghouse
2	Notice of Appearance filed by Lenor Cathleen Marquis Segal on behalf of Erika Booth, Patricia Brown, Bonnie Peltier. (Marquis Segal, Lenor) (Entered: 02/29/2016)	Feb. 29, 2016	Feb. 29, 2016 PACER
3	Financial Disclosure Statement by Bonnie Peltier (Marquis Segal, Lenor) (Entered: 02/29/2016)	Feb. 29, 2016	Feb. 29, 2016 PACER
4	Financial Disclosure Statement by Erika Booth (Marquis Segal, Lenor) (Entered: 02/29/2016)	Feb. 29, 2016	Feb. 29, 2016 PACER
5	Financial Disclosure Statement by Patricia Brown (Marquis Segal, Lenor) (Entered: 02/29/2016)	Feb. 29, 2016	Feb. 29, 2016 PACER
6	Notice of Appearance filed by Amy L. Katz on behalf of Erika Booth, Patricia Brown, Bonnie Peltier. (Katz, Amy) (Entered: 02/29/2016)	Feb. 29, 2016	Feb. 29, 2016 PACER
7	Notice of Appearance for non-district by Galen L. Sherwin on behalf of Erika Booth, Patricia Brown, Bonnie Peltier. (Sherwin, Galen) (Entered: 02/29/2016)	Feb. 29, 2016	Feb. 29, 2016 PACER
8	Notice of Appearance filed by Jenifer R. Wolfe on behalf of Erika Booth, Patricia Brown, Bonnie Peltier. (Wolfe, Jenifer) (Entered: 02/29/2016)	Feb. 29, 2016	Feb. 29, 2016 PACER
9	Notice of Appearance for non-district by Lenora M. Lapidus on behalf of Erika Booth, Patricia Brown, Bonnie Peltier. (Lapidus, Lenora) (Entered: 02/29/2016)	Feb. 29, 2016	Feb. 29, 2016 PACER
10	Notice of Appearance filed by Christopher Anderson Brook on behalf of Erika Booth, Patricia Brown, Bonnie Peltier. (Brook, Christopher) (Entered: 02/29/2016)	Feb. 29, 2016	Feb. 29, 2016 PACER
11	Summons Issued as to Chad Adams, Dawn Carter, Charter Day School, Inc., Jeremy Dickinson, Melissa Gott, Robert P. Spencer and The Roger Bacon Academy, Inc. Counsel needs to print summons to effect service. (Rudd, D.) (Entered: 03/01/2016)	March 1, 2016	March 1, 2016 PACER
12	STIPULATION by Erika Booth, Patricia Brown, Bonnie Peltier (Marquis Segal, Lenor) (Entered: 03/10/2016)	March 10, 2016	March 10, 2016 PACER
13	AMENDED COMPLAINT against Chad Adams, Charter Day School, Inc., Melissa Gott, Robert P. Spencer, The Roger Bacon Academy, Inc., Suzanne West, Colleen Combs, Ted Bodenschatz, filed by Patricia Brown, Erika Booth, Bonnie Peltier. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Uniform Policy, # 3 Exhibit B - Peltier Mitchell email exchange, # 4 Exhibit C - CDS Parent and Student Handbook 2015-16, # 5 Exhibit D - Charter Application 1999, # 6 Exhibit E - CDS Charter Agreement, # 7 Exhibit F - RBA CDS Management Agreement, # 8 Proposed Summons to Colleen Combs, # 9 Proposed Summons to Suzanne West, # 10 Proposed Summons to Ted Bodenschatz) (Marquis Segal, Lenor) (Entered: 03/11/2016) 1 Index of Exhibits View on PACER 2 Exhibit A - Uniform Policy View on RECAP 3 Exhibit B - Peltier Mitchell email exchange View on PACER 4 Exhibit C - CDS Parent and Student Handbook 2015-16 View on PACER 5 Exhibit D - Charter Application 1999 View on PACER 6 Exhibit E - CDS Charter Agreement View on PACER 7 Exhibit F - RBA CDS Management Agreement View on PACER 8 Proposed Summons to Colleen Combs View on PACER 9 Proposed Summons to Suzanne West View on PACER 10 Proposed Summons to Ted Bodenschatz View on PACER	March 11, 2016	March 11, 2016 Clearinghouse
14	ACKNOWLEDGEMENT OF SERVICE Executed as to 11 Summons Issued, 13 Amended Complaint,, 1 Complaint,,, Acknowledgement filed by Erika Booth, Patricia Brown, Bonnie Peltier. (Marquis Segal, Lenor) (Entered: 03/11/2016)	March 11, 2016	March 11, 2016 PACER
	NOTICE OF DEFICIENCY regarding: 13 Amended Complaint - Pursuant to Section B(3) of the Administrative Policies and Procedures Manual available on the court's website, when using fillable PDF forms, the Court requires that these forms be "flattened." Counsel is directed to flatten the PDF summons and refile. Counsel can use the event "Notice-Other" to refile the documents. (Rudd, D.)	March 14, 2016	March 14, 2016 PACER
15	Notice filed by Erika Booth, Patricia Brown, Bonnie Peltier Proposed Summons to Colleen Combs. (Marquis Segal, Lenor) (Entered: 03/14/2016)	March 14, 2016	March 14, 2016 PACER
16	Notice filed by Erika Booth, Patricia Brown, Bonnie Peltier Proposed Summons to Suzanne West. (Marquis Segal, Lenor) (Entered: 03/14/2016)	March 14, 2016	March 14, 2016 PACER
17	Notice filed by Erika Booth, Patricia Brown, Bonnie Peltier Proposed Summons to Ted Bodenschatz. (Marquis Segal, Lenor) (Entered: 03/14/2016)	March 14, 2016	March 14, 2016 PACER
18	Summons Issued as to Ted Bodenschatz, Colleen Combs and Suzanne West. Counsel needs to print summons to effect service. (Rudd, D.) (Entered: 03/14/2016)	March 14, 2016	March 14, 2016 PACER
19	Notice of Appearance filed by George L. Fletcher on behalf of Chad Adams, Ted Bodenschatz, Charter Day School, Inc., Colleen Combs, Melissa Gott, Robert P. Spencer, The Roger Bacon Academy, Inc., Suzanne West. (Fletcher, George) (Entered: 03/29/2016)	March 29, 2016	March 29, 2016 PACER
20	Financial Disclosure Statement by The Roger Bacon Academy, Inc. identifying Corporate Parent Roger Bacon Academy, Inc. for The Roger Bacon Academy, Inc.. (Fletcher, George) (Entered: 03/29/2016)	March 29, 2016	March 29, 2016 PACER
21	Financial Disclosure Statement by Charter Day School, Inc. identifying Corporate Parent Charter Day School, Inc. for Charter Day School, Inc.. (Fletcher, George) (Entered: 03/29/2016)	March 29, 2016	March 29, 2016 PACER
22	First MOTION for Extension of Time to File Answer regarding 13 Amended Complaint,, 14 Acknowledgment of Service filed by Chad Adams, Ted Bodenschatz, Charter Day School, Inc., Colleen Combs, Melissa Gott, Robert P. Spencer, The Roger Bacon Academy, Inc., Suzanne West. (Attachments: # 1 Text of Proposed Order) (Fletcher, George) (Entered: 03/29/2016)	March 29, 2016	March 29, 2016 PACER
	Motion Referred to Julie Richards Johnston, Clerk of Court regarding: 22 First MOTION for Extension of Time to File Answer regarding 13 Amended Complaint, 14 Acknowledgment of Service. (Rudd, D.)	March 30, 2016	March 30, 2016 PACER
	TEXT ORDER granting defendants' 22 motion for extension of time. Defendants Chad Adams, Ted Bodenschatz, Charter Day School, Inc., Colleen Combs, Melissa Gott, Robert P. Spencer, The Roger Bacon Academy, Inc., and Suzanne West have through and including April 11, 2016 to answer or otherwise respond to plaintiffs' amended complaint. Signed by Jolie Skinner for Julie Richards Johnston, Clerk of Court on 3/30/2016. (Skinner, J.)	March 30, 2016	March 30, 2016 PACER
23	Notice of Substitution of Counsel filed by Jenifer R. Wolfe on behalf of Erika Booth, Patricia Brown, Bonnie Peltier substituting for Jenifer Wolfe. (Wolfe, Jenifer) (Entered: 04/07/2016)	April 7, 2016	April 7, 2016 PACER
25	Memorandum in Support regarding 24 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Chad Adams, Ted Bodenschatz, Charter Day School, Inc., Colleen Combs, Melissa Gott, Robert P. Spencer, The Roger Bacon Academy, Inc., Suzanne West. (Fletcher, George) (Entered: 04/11/2016)	April 11, 2016	April 11, 2016 PACER
26	ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Julie Richards Johnston, Clerk of Court on 4/12/2016. (Rudd, D.) (Entered: 04/12/2016)	April 12, 2016	April 12, 2016 PACER
27	CORRECTED First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Chad Adams, Ted Bodenschatz, Charter Day School, Inc., Colleen Combs, Melissa Gott, Robert P. Spencer, The Roger Bacon Academy, Inc., Suzanne West. (Fletcher, George) (Entered: 04/12/2016)	April 12, 2016	April 12, 2016 PACER
28	SEALED Exhibits (Selected Participants Only)by George L. Fletcher (available to: Plaintiffs Erika Booth, Patricia Brown, Bonnie Peltier) regarding 27 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Fletcher, George) Modified on 4/13/2016 to take the word "proposed" off pursuant to order at 30 .(Rudd, D.) (Entered: 04/12/2016)	April 12, 2016	April 12, 2016 PACER
29	MOTION to Seal Document 28 PROPOSED SEALED Exhibit, filed by Chad Adams, Ted Bodenschatz, Charter Day School, Inc., Colleen Combs, Melissa Gott, Robert P. Spencer, The Roger Bacon Academy, Inc., Suzanne West. (Attachments: # 1 Text of Proposed Order) (Fletcher, George) (Entered: 04/12/2016)	April 12, 2016	April 12, 2016 PACER
	Motion Submitted to Senior Judge Malcolm J. Howard: regarding 29 MOTION to Seal Document 28 PROPOSED SEALED Exhibits. (Rudd, D.)	April 13, 2016	April 13, 2016 PACER
30	ORDER granting 29 Motion to Seal Document 28 PROPOSED SEALED Exhibits. Signed by Senior Judge Malcolm J. Howard on 4/13/2016. (Rudd, D.) (Entered: 04/13/2016)	April 13, 2016	April 13, 2016 PACER
31	MOTION for Extension of Time to File Response as to 27 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Erika Booth, Patricia Brown, Bonnie Peltier. (Attachments: # 1 Text of Proposed Order) (Marquis Segal, Lenor) (Entered: 04/21/2016)	April 21, 2016	April 21, 2016 PACER
	Motion Referred to US Magistrate Judge Kimberly A. Swank regarding: 31 MOTION for Extension of Time to File Response as to 27 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Rudd, D.)	April 21, 2016	April 21, 2016 PACER
32	ORDER granting 31 Motion for Extension of Time to File Response regarding 27 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Responses due by 5/16/2016. Signed by Magistrate Judge Kimberly A. Swank on 4/25/2016. (Rudd, D.) (Entered: 04/25/2016)	April 25, 2016	April 25, 2016 PACER
33	MOTION to Withdraw as Attorney Jenifer Wolfe filed by Erika Booth, Patricia Brown, Bonnie Peltier. (Attachments: # 1 Text of Proposed Order) (Brook, Christopher) (Entered: 04/29/2016)	April 29, 2016	April 29, 2016 PACER
	Motion Submitted to Senior Judge Malcolm J. Howard: regarding 33 MOTION to Withdraw as Attorney Jenifer Wolfe. (Rudd, D.)	April 29, 2016	April 29, 2016 PACER
34	Notice of Appearance filed by Aaron Daniel Lindquist on behalf of All Defendants. (Lindquist, Aaron) (Entered: 04/29/2016)	April 29, 2016	April 29, 2016 PACER
35	ORDER granting 33 Motion to Withdraw as Attorney. Attorney Jenifer R. Wolfe terminated. Signed by Senior Judge Malcolm J. Howard on 5/4/2016. (Rudd, D.) (Entered: 05/04/2016)	May 4, 2016	May 4, 2016 PACER

Case: Peltier v. Charter Day School, Inc.

7:16-cv-00030 | U.S. District Court for the Eastern District of North Carolina

Case Summary

People

Documents in the Clearinghouse

Resources

Docket

Case Details