Case: Students and Parents for Privacy v. United States Department of Education

1:16-cv-04945 | U.S. District Court for the Northern District of Illinois

Filed Date: May 4, 2016

Closed Date: April 15, 2019

Clearinghouse coding complete

Case Summary

This is a case about whether cisgender students' privacy rights were violated by a public school district's policy of allowing transgender students to use the locker rooms and restrooms that align with their gender identities. Prior to this litigation, in 2013, a complaint was filed with the U.S. Department of Education's Office of Civil Rights (OCR) alleging that Township High School District 211 was discriminating against a transgender student (Student A) on the basis of her sex by refusing u…

This is a case about whether cisgender students' privacy rights were violated by a public school district's policy of allowing transgender students to use the locker rooms and restrooms that align with their gender identities.

Prior to this litigation, in 2013, a complaint was filed with the U.S. Department of Education's Office of Civil Rights (OCR) alleging that Township High School District 211 was discriminating against a transgender student (Student A) on the basis of her sex by refusing use of the girls' locker rooms. The OCR conducted an investigation and determined that the school district's policy violated Title IX, 34 C.F.R. § 106.31. On December 2, 2015, the school district entered into an agreement with OCR in which it promised to install and maintain private changing stations in its girls' locker rooms. Student A was granted access to the girls' locker rooms, and she promised to use the private changing stations. 

On May 4, 2016, a group called Students and Parents for Privacy and five students (and their parents) from Township High School District 211 filed a complaint in the U.S. District Court for the Northern District of Illinois seeking to enjoin the OCR agreement as well as a pre-existing school district policy allowing students to use restrooms in accordance with their gender identity. The group also challenged several guidance documents from the U.S. Department of Education (DOE) in which the term "sex" in Title IX was interpreted to include gender identity.

The complaint claimed that the school district's gender identity-inclusive restroom and locker room policies violated Title IX and substantive due process rights under the 14th Amendment to the U.S. Constitution, namely the cisgender students' right to bodily privacy and their parents' right to control their children's upbringing and education. The plaintiffs made free exercise claims under the First Amendment to the U.S. Constitution and the Religious Freedom Restoration Act, 42 U.S.C. § 2000bb, and its Illinois counterpart, citing the students' religious freedom to practice modesty. They also claimed that the aforementioned DOE guidance documents violated the Administrative Procedure Act.

Represented by the Thomas More Society and the Alliance Defending Freedom, the group sued the DOE, the U.S. Secretary of Education, the U.S. Department of Justice, the U.S. Attorney General, and the school district's directors. The plaintiffs sought injunctive and declaratory relief from the school district's locker and restroom policies and the challenged guidance documents.  They also sought nominal damages of $1.00, compensatory damages, and attorneys' fees and costs. The case was assigned to Judge Jorge L. Alonso and Magistrate Jeffrey T. Gilbert. 

On May 25, 2016, a motion to intervene was filed by Student A, two additional transgender students, and the Illinois Safe Schools Alliance. Judge Alonso granted their motion, allowing them to join the litigation as defendants, on June 15, 2016. 

The plaintiffs' motion for a preliminary injunction, which they filed on May 23, 2016, was assigned to Magistrate Gilbert two days later. Initially, the plaintiffs sought to fully enjoin enforcement of the federal rule that included gender identity as part of "sex" under Title IX. At oral argument, the plaintiffs narrowed the scope of the relief they sought to simply enjoin enforcement of the federal rule against District 211. On October 18, 2016, Magistrate Gilbert recommended that the court deny the motion. 2016 WL 6134121.

On June 20, 2017, the plaintiffs notified the court that the federal defendants had not filed an answer or motion for summary judgment. The court dismissed those defendants without prejudice the same day. 

The district court complied with Magistrate Gilbert's recommendation and denied the motion for a preliminary injunction on December 29, 2017, holding that the plaintiffs had not met the threshold showings required for preliminary injunctive relief because they had not shown a likelihood of success on the merits nor a threat of irreparable harm. 2017 WL 6629520. 

On February 15, 2018, an amended complaint was filed by a pared-down set of plaintiffs comprised of Students and Parents for Privacy and its president. Since the federal defendants had been dismissed, only the school district's leadership and the intervenor-defendants were included. In the amended complaint, the plaintiffs used the term "Compelled Affirmation Policy" to describe District 211's gender-affirming policies regarding overnight accommodations on school trips, locker room access, and bathroom access. They brought the same constitutional and statutory arguments against this policy as they had in the original complaint.

The defendants and intervenor defendants promptly moved to dismiss the amended complaint. On March 29, 2019, those motions were granted in part and denied in part. The president of Students and Parents for Privacy was dismissed for lack of standing. The court held that the plaintiffs had plausible claims under Title IX (sexual harassment), the Illinois Religious Freedom Restoration Act, and the Free Exercise Clause. The parents' due process right to direct the education of their children, however, did not extend to a right to determine whether their children would share restrooms and locker rooms with transgender children. 377 F.Supp.3d 891. 

Less than two weeks later, Students and Parents for Privacy notified the court that they would dismiss their remaining claims. The court dismissed the case without prejudice on April 15, 2019. 

This case is closed. 

Summary Authors

Christina Van Wagenen (8/13/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4263708/parties/students-and-parents-for-privacy-v-united-states-department-of-education/


Judge(s)

Alonso, Jorge Luis (Illinois)

Attorney for Plaintiff

Austin, Sara A. (Illinois)

Attorney for Defendant

Banks, Steven Leon (Illinois)

Bennett, Jared C. (Illinois)

Bernard, Catherine Anna (Illinois)

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Documents in the Clearinghouse

Document
1

1:16-cv-04945

Verified Complaint for Injunctive and Declaratory Relief

May 4, 2016

May 4, 2016

Complaint
30

1:16-cv-04945

Motion to Intervene as Defendants of Students A, B, and C, by and through their Parents and Legal Guardians, and of the Illinois Safe Schools Alliance

May 25, 2016

May 25, 2016

Pleading / Motion / Brief
134

1:16-cv-04945

Report and Recommendation

Oct. 18, 2016

Oct. 18, 2016

Magistrate Report/Recommendation

2016 WL 6134121

191

1:16-cv-04945

Memorandum Opinion and Order

Dec. 29, 2017

Dec. 29, 2017

Order/Opinion

2017 WL 6629520

197

1:16-cv-04945

First Amended Complaint

Students and Parents for Privacy v. School Directors of Township High School District 211, County of Cook and State of Illinois

Feb. 15, 2018

Feb. 15, 2018

Complaint
226

1:16-cv-04945

Memorandum Opinion and Order

Students and Parents for Privacy v. School Directors of Township High School District 211

March 29, 2019

March 29, 2019

Order/Opinion

377 F.Supp.3d 891

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4263708/students-and-parents-for-privacy-v-united-states-department-of-education/

Last updated April 14, 2025, 9:41 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Injunctive and Declaratory Relief filed by A. T. V., N. G., C. A., Students and Parents for Privacy, D. W., R. M., N. A., A. V., B. W., V. W., R. G., A. M., T. V., S. M.; Jury Demand. Filing fee $ 400, receipt number 0752-11895999.(Floyd, Jocelyn) (Entered: 05/04/2016)

May 4, 2016

May 4, 2016

RECAP
2

CIVIL Cover Sheet (Floyd, Jocelyn) (Entered: 05/04/2016)

May 4, 2016

May 4, 2016

PACER
3

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by All Plaintiffs (Floyd, Jocelyn) (Entered: 05/04/2016)

May 4, 2016

May 4, 2016

PACER

CASE ASSIGNED to the Honorable Jorge L. Alonso. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. (rc, )

May 4, 2016

May 4, 2016

PACER

SUMMONS Issued as to Defendant School Directors of Township High School District 211, County of Cook and State of Illinois (mgh, )

May 4, 2016

May 4, 2016

PACER

SUMMONS Issued as to John B. King, Jr, Loretta E. Lynch, United States Department of Education, United States Department of Justice, U.S. Attorney, and U.S. Attorney General (mgh, )

May 4, 2016

May 4, 2016

PACER
4

ATTORNEY Appearance for Plaintiffs C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. by Thomas L. Brejcha, Jr (Brejcha, Thomas) (Entered: 05/09/2016)

May 9, 2016

May 9, 2016

PACER
5

ATTORNEY Appearance for Plaintiffs C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. by Peter Christopher Breen (Breen, Peter) (Entered: 05/09/2016)

May 9, 2016

May 9, 2016

PACER
6

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11918497. (Tedesco, Jeremy) (Entered: 05/10/2016)

May 10, 2016

May 10, 2016

PACER
7

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11918652. (Sharp, John) (Entered: 05/10/2016)

May 10, 2016

May 10, 2016

PACER
8

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11921217. (La Rue, Joseph) (Entered: 05/11/2016)

May 11, 2016

May 11, 2016

PACER
9

MINUTE entry before the Honorable Jorge L. Alonso: Plaintiffs' applications to appear pro hac vice 6, 7, and 8 are granted. Attorneys Jeremy David Tedesco, John Matthew Sharp, and Joseph E La Rue are given leave to appear as counsel for Plaintiffs. Notice mailed by judge's staff (ntf, ) (Entered: 05/11/2016)

May 11, 2016

May 11, 2016

PACER
10

ATTORNEY Appearance for Plaintiffs C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. by Joseph E La Rue (La Rue, Joseph) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

PACER
11

ATTORNEY Appearance for Plaintiffs C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. by John Matthew Sharp (Sharp, John) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

PACER
12

ATTORNEY Appearance for Plaintiffs C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. by Jeremy David Tedesco (Tedesco, Jeremy) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

PACER
13

MOTION by Plaintiffs C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. for leave to file excess pages (La Rue, Joseph) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

PACER
14

NOTICE of Motion by Joseph E La Rue for presentment of motion for leave to file excess pages 13 before Honorable Jorge L. Alonso on 5/19/2016 at 09:30 AM. (La Rue, Joseph) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

PACER
15

ATTORNEY Appearance for Defendant School Directors of Township High School District 211, County of Cook and State of Illinois by Sally J. Scott (Scott, Sally) (Entered: 05/18/2016)

May 18, 2016

May 18, 2016

PACER
16

ATTORNEY Appearance for Defendant School Directors of Township High School District 211, County of Cook and State of Illinois by Michael A. Warner, Jr (Warner, Michael) (Entered: 05/18/2016)

May 18, 2016

May 18, 2016

PACER
17

ATTORNEY Appearance for Defendant School Directors of Township High School District 211, County of Cook and State of Illinois by Jennifer Ann Smith (Smith, Jennifer) (Entered: 05/18/2016)

May 18, 2016

May 18, 2016

PACER
18

ATTORNEY Appearance for Defendant School Directors of Township High School District 211, County of Cook and State of Illinois by Patrick M. DePoy (DePoy, Patrick) (Entered: 05/18/2016)

May 18, 2016

May 18, 2016

PACER
19

ATTORNEY Appearance for Defendant School Directors of Township High School District 211, County of Cook and State of Illinois by Erin D. Fowler (Fowler, Erin) (Entered: 05/18/2016)

May 18, 2016

May 18, 2016

PACER
20

MINUTE entry before the Honorable Jorge L. Alonso: Plaintiff's motion for leave to file an oversized preliminary injunction memorandum 13 is granted in part to 25 pages. Motion hearing date of 5/19/16 is stricken. Notice mailed by judge's staff (ntf, ) (Entered: 05/18/2016)

May 18, 2016

May 18, 2016

PACER
21

MOTION by Plaintiffs C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. for preliminary injunction (Attachments: # 1 Declaration of V.W., # 2 Exhibit Index, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8)(Tedesco, Jeremy) (Entered: 05/23/2016)

May 23, 2016

May 23, 2016

PACER
22

NOTICE of Motion by Jeremy David Tedesco for presentment of motion for preliminary injunction, 21 before Honorable Jorge L. Alonso on 5/31/2016 at 09:30 AM. (Tedesco, Jeremy) (Entered: 05/23/2016)

May 23, 2016

May 23, 2016

PACER
23

MEMORANDUM by C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. in support of motion for preliminary injunction, 21 (Tedesco, Jeremy) (Entered: 05/23/2016)

May 23, 2016

May 23, 2016

RECAP
24

MINUTE entry before the Honorable Jorge L. Alonso: Plaintiffs' motion for preliminary injunction 21 is referred to the magistrate judge. Motion hearing date of 5/31/16 is stricken. Notice mailed by judge's staff (ntf, ) (Entered: 05/25/2016)

May 25, 2016

May 25, 2016

PACER
25

Amended NOTICE of Motion by Jeremy David Tedesco for presentment of motion for preliminary injunction, 21 before Honorable Jeffrey T. Gilbert on 5/31/2016 at 10:00 AM. (Tedesco, Jeremy) (Entered: 05/25/2016)

May 25, 2016

May 25, 2016

PACER
26

EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable Jeffrey T. Gilbert. Signed by Executive Committee on 5/25/16. (kp, ) Modified on 5/25/2016 (kp, ). (Entered: 05/25/2016)

May 25, 2016

May 25, 2016

PACER
27

ATTORNEY Appearance for Intervenor Defendants Student A, Student B, Student C, Illinois Safe Schools Alliance by Britt Marie Miller (Miller, Britt) (Entered: 05/25/2016)

May 25, 2016

May 25, 2016

PACER
28

MOTION by Intervenor Defendants Student A, Student B, Student C for leave to file Declaration Signatures Under Seal. (Miller, Britt) (Entered: 05/25/2016)

May 25, 2016

May 25, 2016

PACER
29

NOTICE of Motion by Britt Marie Miller for presentment of motion for leave to file 28 before Honorable Jorge L. Alonso on 5/31/2016 at 09:30 AM. (Miller, Britt) (Entered: 05/25/2016)

May 25, 2016

May 25, 2016

PACER
30

MOTION by Intervenor Defendants Student A, Student C, Student B, Illinois Safe Schools Alliance to intervene (Miller, Britt) (Entered: 05/25/2016)

May 25, 2016

May 25, 2016

RECAP
31

NOTICE of Motion by Britt Marie Miller for presentment of motion to intervene 30 before Honorable Jorge L. Alonso on 5/31/2016 at 09:30 AM. (Miller, Britt) (Entered: 05/25/2016)

May 25, 2016

May 25, 2016

RECAP
32

MEMORANDUM by Illinois Safe Schools Alliance, Student A, Student B, Student C in support of motion to intervene 30 (Attachments: # 1 Exhibit 1 - Redacted Parent A Declaration, # 2 Exhibit 2 - Redacted Parent B Declaration, # 3 Exhibit 3 - Redacted Parent C Declaration, # 4 Exhibit 4 - IL. Safe Schools Alliance Declaration)(Miller, Britt) (Entered: 05/25/2016)

1 Exhibit 1 - Redacted Parent A Declaration

View on RECAP

2 Exhibit 2 - Redacted Parent B Declaration

View on PACER

3 Exhibit 3 - Redacted Parent C Declaration

View on PACER

4 Exhibit 4 - IL. Safe Schools Alliance Declaration

View on PACER

May 25, 2016

May 25, 2016

RECAP
33

ATTORNEY Appearance for Intervenor Defendants Illinois Safe Schools Alliance, Student A, Student B, Student C by Laura Rose Hammargren (Hammargren, Laura) (Entered: 05/25/2016)

May 25, 2016

May 25, 2016

PACER
34

ATTORNEY Appearance for Intervenor Defendants Illinois Safe Schools Alliance, Student A, Student B, Student C by Linda Xuemeng Shi (Shi, Linda) (Entered: 05/25/2016)

May 25, 2016

May 25, 2016

PACER
35

ATTORNEY Appearance for Intervenor Defendants Illinois Safe Schools Alliance, Student A, Student B, Student C by Catherine Anna Bernard (Bernard, Catherine) (Entered: 05/25/2016)

May 25, 2016

May 25, 2016

PACER
36

ATTORNEY Appearance for Intervenor Defendants Illinois Safe Schools Alliance, Student A, Student B, Student C by Timothy Simon Bishop (Bishop, Timothy) (Entered: 05/25/2016)

May 25, 2016

May 25, 2016

PACER
37

ATTORNEY Appearance for Plaintiffs C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. by John A. Knight (Knight, John) (Entered: 05/26/2016)

May 26, 2016

May 26, 2016

PACER
38

ATTORNEY Appearance for Intervenor Defendants Student A, Student B, Student C by John A. Knight ***CORRECTED*** (Knight, John) (Entered: 05/26/2016)

May 26, 2016

May 26, 2016

PACER
39

ATTORNEY Appearance for Defendants John B. King, Jr, Loretta E. Lynch, United States Department of Education, United States Department of Justice by Megan Anne Crowley (Crowley, Megan) (Entered: 05/27/2016)

May 27, 2016

May 27, 2016

PACER
40

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11984419. (Tabacco Mar, Ria) (Entered: 05/27/2016)

May 27, 2016

May 27, 2016

PACER
41

ATTORNEY Appearance for Intervenor Defendant Illinois Safe Schools Alliance by John A. Knight (Knight, John) (Entered: 05/28/2016)

May 28, 2016

May 28, 2016

PACER
42

MINUTE entry before the Honorable Jorge L. Alonso: Intervenors' motion for leave to file declaration signatures under seal 28 is granted. Intervenors' motion to intervene 30 is taken under advisement. Parties' response shall be filed by 6/7/16. Parties' consolidated replies shall be filed by 6/14/16. The court will rule electronically. Intervenors' application for leave to appear pro hac vice 40 is granted. Attorney Ria Tabacco Mar is given leave to appear as counsel for Illinois Safe Schools Alliance, Student A, Student B, and Student C. Notice mailed by judge's staff (ntf, ) (Entered: 05/31/2016)

May 31, 2016

May 31, 2016

PACER
43

MINUTE entry before the Honorable Jeffrey T. Gilbert: Motion hearing held on 5/31/16 on Plaintiffs' Motion for Preliminary Injunction 21 . Counsel for Plaintiffs, Defendants and Proposed Intervenors 30 appeared. The Court sets the following briefing schedule on Plaintiffs' Motion for Preliminary Injunction 21 : Defendants shall respond by 7/8/16. Plaintiffs shall reply by 7/22/16. Motion hearing set for 8/3/16 at 9:30 a.m. The District Defendants shall serve the written discovery they want to serve upon Plaintiffs by 6/3/16, with courtesy copies delivered to Judge Gilbert's chambers, Room 1366. Also by 6/3/16, Defendants shall file a 5-page memorandum stating why they believe their discovery is relevant and why it is important for the Court to see responses to that discovery before ruling on the Preliminary Injunction Motion. Plaintiffs' time to respond to written discovery, which the District Defendants characterize as focused interrogatories on the hostile environment issue, is shortened to fourteen (14) days or to 6/17/16. If Plaintiffs plan to file a motion for protective order (along with any supporting memorandum of law) directed to the District Defendants' discovery, they shall do so by 6/8/16 and notice that motion for initial hearing on 6/9/16. The Court's order concerning the District Defendants' interrogatories is without prejudice to any party's request for written or oral discovery in connection with Plaintiffs' Motion for Preliminary Injunction and subject to the Court's determination that such discovery should proceed on whatever timetable might be set as appropriate under the circumstances. Mailed notice (ber, ) (Entered: 05/31/2016)

May 31, 2016

May 31, 2016

PACER
44

MEMORANDUM Defendant Board of Education's Memorandum In Support of Its Request to Conduct Fact Discovery in Response to Plaintiffs' Motion for Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Warner, Michael) (Entered: 06/03/2016)

June 3, 2016

June 3, 2016

PACER
45

RESPONSE by School Directors of Township High School District 211, County of Cook and State of Illinois to MOTION by Intervenor Defendants Student A, Student C, Student B, Illinois Safe Schools Alliance to intervene 30 (Smith, Jennifer) (Entered: 06/07/2016)

June 7, 2016

June 7, 2016

PACER
46

RESPONSE by Defendants John B. King, Jr, Loretta E. Lynch, United States Department of Education, United States Department of Justice to motion to intervene 30 (Crowley, Megan) (Entered: 06/07/2016)

June 7, 2016

June 7, 2016

PACER
47

RESPONSE by C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W.in Opposition to MOTION by Intervenor Defendants Student A, Student C, Student B, Illinois Safe Schools Alliance to intervene 30 (Tedesco, Jeremy) (Entered: 06/07/2016)

June 7, 2016

June 7, 2016

PACER
48

MOTION by Plaintiffs C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. for protective order related to Defendant School District's Proposed Expedited Discovery (Tedesco, Jeremy) (Entered: 06/08/2016)

June 8, 2016

June 8, 2016

PACER
49

NOTICE of Motion by Jeremy David Tedesco for presentment of motion for protective order, 48 before Honorable Jeffrey T. Gilbert on 6/9/2016 at 09:15 AM. (Tedesco, Jeremy) (Entered: 06/08/2016)

June 8, 2016

June 8, 2016

PACER
50

MEMORANDUM by C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. in support of motion for protective order, 48 and in opposition to Defendant School District's Proposed Expedited Discovery (Tedesco, Jeremy) (Entered: 06/08/2016)

June 8, 2016

June 8, 2016

PACER
51

MINUTE entry before the Honorable Jeffrey T. Gilbert: The initial hearing on Plaintiff's' Motion for Protective Order 48 set for 6/9/16 is moved from 9:15 a.m. to 11:00 a.m. so that the Court can spend a little more time with the parties and so that certain of Plaintiffs' counsel can participate more easily by telephone given the time difference. Mailed notice (ber, ) (Entered: 06/08/2016)

June 8, 2016

June 8, 2016

PACER
52

MINUTE entry before the Honorable Jeffrey T. Gilbert: Motion hearing held on 6/9/16 on Plaintiff's' Motion for Protective Order 48 . For the reasons stated on the record, Plaintiffs' Motion is granted. Mailed notice (ber, ) (Entered: 06/09/2016)

June 9, 2016

June 9, 2016

PACER
53

MOTION by Defendant School Directors of Township High School District 211, County of Cook and State of Illinois for extension of time to file answer regarding complaint, 1 Defendant Board of Education's Agreed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiffs' Complaint (Smith, Jennifer) (Entered: 06/14/2016)

June 14, 2016

June 14, 2016

PACER
54

Notice of Agreed Motion NOTICE of Motion by Jennifer Ann Smith for presentment of motion for extension of time to file answer, motion for relief,, 53 before Honorable Jorge L. Alonso on 6/21/2016 at 09:30 AM. (Smith, Jennifer) (Entered: 06/14/2016)

June 14, 2016

June 14, 2016

PACER
55

REPLY by Intervenor Defendants Illinois Safe Schools Alliance, Student A, Student B, Student C Reply Brief In Support Of Motion To Intervene As Defendants Of Students A, B, And C, By And Through Their Parents And Legal Guardians, And Of The Illinois Safe Schools Alliance (Attachments: # 1 Exhibit A)(Miller, Britt) (Entered: 06/14/2016)

June 14, 2016

June 14, 2016

PACER
56

MEMORANDUM Opinion and Order. The motion of the Illinois Safe Schools Alliance and Students A, B, and C, by and through their parents and 6 legal guardians Parents A, B, and C, to intervene as defendants 30 is granted pursuant to Federal Rule of Civil Procedure 24(b)(1). Signed by the Honorable Jorge L. Alonso on 6/15/2016. Notice mailed by judge's staff (ntf, )

June 15, 2016

June 15, 2016

RECAP
57

MINUTE entry before the Honorable Jorge L. Alonso: Defendant Board of Education's agreed motion for extension of time to answer or otherwise respond to Plaintiff's complaint 53 is granted to 7/18/16. Motion hearing date of 6/21/16 is stricken. Notice mailed by judge's staff (ntf, ) (Entered: 06/15/2016)

June 15, 2016

June 15, 2016

PACER
58

MOTION by Intervenor Defendants Illinois Safe Schools Alliance, Student A, Student B, Student C for extension of time to file answer regarding complaint, 1 Agreed (Miller, Britt) (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

PACER
59

NOTICE of Motion by Britt Marie Miller for presentment of motion for extension of time to file answer, motion for relief 58 before Honorable Jorge L. Alonso on 6/30/2016 at 09:30 AM. (Miller, Britt) (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

PACER
60

MINUTE entry before the Honorable Jorge L. Alonso: Intervenor-Defendants' agreed motion for extension of time to answer or otherwise respond to Plaintiffs' complaint 58 is granted to 7/18/16. Motion hearing date of 6/30/16 is stricken. Notice mailed by judge's staff (ntf, ) (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

PACER
61

MOTION by Intervenor Defendants Illinois Safe Schools Alliance, Student A, Student B, Student C Intervenor-Defendants' Motion to Conduct Limited Discovery to Respond to Plaintiffs' Motion for Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Miller, Britt) (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

PACER
62

NOTICE of Motion by Britt Marie Miller for presentment of motion for miscellaneous relief, 61 before Honorable Jorge L. Alonso on 6/30/2016 at 09:15 AM. (Miller, Britt) (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

PACER
63

NOTICE of Motion by Britt Marie Miller for presentment of motion for miscellaneous relief, 61 before Honorable Jeffrey T. Gilbert on 6/30/2016 at 09:15 AM. (Miller, Britt) (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

PACER
64

RESPONSE by C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W.in Opposition to MOTION by Intervenor Defendants Illinois Safe Schools Alliance, Student A, Student B, Student C Intervenor-Defendants' Motion to Conduct Limited Discovery to Respond to Plaintiffs' Motion for Preliminary Injunction 61 (Tedesco, Jeremy) (Entered: 06/29/2016)

June 29, 2016

June 29, 2016

PACER
65

ORDER: Intervenor-Defendants' Motion to Conduct Limited Discovery to Respond to Plaintiffs' Motion for Preliminary Injunction [ECF No. 61] is granted. For the reasons advanced by Intervenor-Defendants during this morning's hearing, the Court is satisfied that the requested discovery is sufficiently necessary for Intervenor-Defendants to respond fully to Plaintiffs' contention that Student A is a biological male and the basis for that contention. Intervenor-Defendants, therefore, are given leave to serve their two proposed requests for admission and one interrogatory. During the motion hearing, Plaintiffs said that they would not require significant time to respond to this discovery. Accordingly, Plaintiffs shall respond to the discovery by July 6, 2016, as suggested by Intervenor-Defendants, so as not to necessitate any change to the existing briefing schedule on Plaintiffs' Motion for Preliminary Injunction [ECF No. 21]. The Court will take under advisement Plaintiffs' request that they be allowed to serve four requests for admission of their own if Intervenor-Defendants are allowed to serve the written discovery discussed above. It is not clear to the Court that Plaintiffs' proposed discovery is necessary for them to present fully their arguments in support of their Motion for Preliminary Injunction. In fact, Plaintiffs acknowledged at this morning's hearing that they would not have requested leave to serve their own requests for admission if Intervenor-Defendants had not sought leave to serve theirs. That may not be determinative at this juncture but it is instructive. The Court would like to evaluate whether Plaintiffs' proffered requests for admission are sufficiently necessary for them to address fully Defendants and Intervenor-Defendants' arguments after those parties file their responses to Plaintiffs' Motion for Preliminary Injunction. A status hearing in the nature of a Rule 16 conference is set for July 13, 2016 at 9:30 a.m. for the purpose of more fully discussing this issue as well as the issues to be decided in the context of Plaintiffs' Motion for Preliminary Injunction, and whether any party needs additional discovery to address the issues raised in that Motion and any responses thereto. Signed by the Honorable Jeffrey T. Gilbert on 6/30/2016. Mailed notice (ber, ) (Entered: 06/30/2016)

June 30, 2016

June 30, 2016

PACER
66

MOTION by Defendants John B. King, Jr, Loretta E. Lynch, United States Department of Education, United States Department of Justice for leave to file excess pages (Crowley, Megan) (Entered: 07/01/2016)

July 1, 2016

July 1, 2016

PACER
67

NOTICE of Motion by Megan Anne Crowley for presentment of motion for leave to file excess pages 66 before Honorable Jeffrey T. Gilbert on 7/7/2016 at 10:00 AM. (Crowley, Megan) (Entered: 07/01/2016)

July 1, 2016

July 1, 2016

PACER
68

MOTION by Defendants John B. King, Jr, Loretta E. Lynch, United States Department of Education, United States Department of Justice for extension of time to respond to Complaint (Crowley, Megan) (Entered: 07/01/2016)

July 1, 2016

July 1, 2016

PACER
69

NOTICE of Motion by Megan Anne Crowley for presentment of extension of time 68 before Honorable Jorge L. Alonso on 7/7/2016 at 09:30 AM. (Crowley, Megan) (Entered: 07/01/2016)

July 1, 2016

July 1, 2016

PACER
70

MINUTE entry before the Honorable Jeffrey T. Gilbert: Federal Defendants' Motion to File Memorandum of Law in Excess of 15 Pages 66 is granted. The Federal Defendants are given leave to file a 35-page memorandum of law in opposition to Plaintiffs' Motion for Preliminary Injunction. The motion hearing noticed for 7/7/16 at 10:00 a.m. is stricken with no appearance required. Mailed notice (ber, ) (Entered: 07/01/2016)

July 1, 2016

July 1, 2016

PACER
71

MOTION by Defendant School Directors of Township High School District 211, County of Cook and State of Illinois for leave to file excess pages Defendant Township High School District 211's Unopposed Motion for Leave to Exceed the Page Limit in Its Response to Plaintiffs' Motion for a Preliminary Injunction (Smith, Jennifer) (Entered: 07/06/2016)

July 6, 2016

July 6, 2016

PACER
72

Notice of Unopposed Motion NOTICE of Motion by Jennifer Ann Smith for presentment of motion for leave to file excess pages, 71 before Honorable Jeffrey T. Gilbert on 7/12/2016 at 09:15 AM. (Smith, Jennifer) (Entered: 07/06/2016)

July 6, 2016

July 6, 2016

PACER
73

MINUTE entry before the Honorable Jeffrey T. Gilbert: Defendant Township High School District 211's Unopposed Motion for Leave to Exceed the Page Limit in Its Response to Plaintiffs' Motion for a Preliminary Injunction 71 is granted. The School District Defendants are given leave to file a 25-page Response to Plaintiffs' Motion for a Preliminary Injunction. The motion hearing noticed for 7/12/16 at 9:15 a.m. is stricken with no appearance required. Mailed notice (ber, ) (Entered: 07/07/2016)

July 7, 2016

July 7, 2016

PACER
74

MOTION by Intervenor Defendants Illinois Safe Schools Alliance, Student A, Student B, Student C for leave to file excess pages (Intervenor-Defendants' Unopposed Motion for Leave to Exceed the Page Limit in Their Response to Plantiffs' Motion for a Preliminary Injunction) (Miller, Britt) (Entered: 07/07/2016)

July 7, 2016

July 7, 2016

PACER
75

MINUTE entry before the Honorable Jorge L. Alonso: Motion hearing held. For the reasons stated on the record, Government's motion for extension of time 68 is granted as follows: All Defendants shall answer, move, or otherwise respond to Plaintiffs' complaint 30 days after a ruling is issued on Plaintiffs' motion for preliminary injunction 21 . Notice mailed by judge's staff (ntf, ) (Entered: 07/07/2016)

July 7, 2016

July 7, 2016

PACER
76

(Unopposed) NOTICE of Motion by Britt Marie Miller for presentment of motion for leave to file excess pages, 74 before Honorable Jeffrey T. Gilbert on 7/12/2016 at 09:15 AM. (Miller, Britt) (Entered: 07/07/2016)

July 7, 2016

July 7, 2016

PACER
77

MINUTE entry before the Honorable Jeffrey T. Gilbert: Intervenor-Defendants' Unopposed Motion for Leave to Exceed The Page Limit in Their Response to Plaintiffs' Motion for a Preliminary Injunction 74 is granted. Intervenor-Defendants are given leave to file a 20-page Response to Plaintiffs' Motion for a Preliminary Injunction. The motion hearing noticed for 7/12/16 at 9:15 a.m. is stricken with no appearance required. Mailed notice (ber, ) (Entered: 07/08/2016)

July 8, 2016

July 8, 2016

PACER
78

RESPONSE by School Directors of Township High School District 211, County of Cook and State of Illinois to MOTION by Plaintiffs C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. for preliminary injunction 21 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Smith, Jennifer) (Entered: 07/08/2016)

July 8, 2016

July 8, 2016

PACER
79

RESPONSE by Illinois Safe Schools Alliance, Student A, Student B, Student C to MOTION by Plaintiffs C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. for preliminary injunction 21 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 3 - Ex. A, # 5 Exhibit 3 - Ex. B)(Miller, Britt) (Entered: 07/08/2016)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 3 - Ex. A

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5 Exhibit 3 - Ex. B

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July 8, 2016

July 8, 2016

RECAP
80

MEMORANDUM by John B. King, Jr, Loretta E. Lynch, School Directors of Township High School District 211, County of Cook and State of Illinois, Student A, Student B, Student C, United States Department of Education in Opposition to motion for preliminary injunction, 21 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Certificate of Service)(Crowley, Megan) (Entered: 07/08/2016)

July 8, 2016

July 8, 2016

PACER
81

MOTION by Plaintiffs C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. for discovery (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Tedesco, Jeremy) (Entered: 07/08/2016)

July 8, 2016

July 8, 2016

PACER
82

NOTICE of Motion by Jeremy David Tedesco for presentment of motion for discovery 81 before Honorable Jorge L. Alonso on 7/13/2016 at 09:30 AM. (Tedesco, Jeremy) (Entered: 07/08/2016)

July 8, 2016

July 8, 2016

PACER
83

(JUDGE CORRECTED IN ECF) NOTICE of Motion by Jeremy David Tedesco for presentment of motion for discovery 81 before Honorable Jeffrey T. Gilbert on 7/13/2016 at 09:30 AM. (Tedesco, Jeremy) (Entered: 07/11/2016)

July 11, 2016

July 11, 2016

PACER
84

ATTORNEY Appearance for Defendants John B. King, Jr, Loretta E. Lynch, United States Department of Education, United States Department of Justice by Sheila M. Lieber (Lieber, Sheila) (Entered: 07/12/2016)

July 12, 2016

July 12, 2016

PACER
85

RESPONSE by Illinois Safe Schools Alliance, Student A, Student B, Student Cin Opposition to MOTION by Plaintiffs C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. for discovery 81 Motion to Conduct Limited, Expedited Discovery of Intervenor-Defendants. (Miller, Britt) (Entered: 07/12/2016)

July 12, 2016

July 12, 2016

PACER
86

ORDER: Plaintiffs' Motion to Conduct Limited, Expedited Discovery of Intervenor Defendants 81 is denied. See attached Statement for further details. Signed by the Honorable Jeffrey T. Gilbert on 7/13/2016. Mailed notice (ber, ) (Entered: 07/13/2016)

July 13, 2016

July 13, 2016

PACER
87

MOTION by Plaintiffs C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. for leave to file excess pages (Tedesco, Jeremy) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER
88

ORDER: Upon further reflection and after reviewing again Defendants' and Intervenor-Defendants' response briefs filed on 7/8/16, the Court has reconsidered its ruling entered earlier this week 86 denying Plaintiffs' Motion to Conduct Limited, Expedited Discovery of Intervenor-Defendants 81 . The Court now understands better why Plaintiffs want to serve the requests for admission attached to their Motion as Exhibit A [81-1] and concludes that the record on Plaintiffs' Motion for Preliminary Injunction 21 should include responses to those requests for admission. Although the Court continues to believe that Intervenor-Defendants objection to responding to Plaintiffs' requests for admission, grounded in Rule 26(c) of the Federal Rules of Civil Procedure (annoyance, embarrassment, oppression, or undue burden), has merit, the Court now is of the opinion that Plaintiffs reason for developing the record in support of their Motion for Preliminary Injunction with these limited requests for admission outweighs Intervenor- Defendants' interest in not being required to respond to them. The Court, however, grants Plaintiffs Motion to Conduct Limited, Expedited Discovery of Intervenor-Defendants 81 only in part. The only Intervenor-Defendant that must answer the requests for admission is Student A by and through Student A's parent or legal guardian. Further, it appears unnecessary for Student A to respond to Plaintiffs' Interrogatory No. 1, Exhibit B to Plaintiffs Motion [81-2], at this time given the proviso in Rule 36(a)(4) of the Federal Rules of Civil Procedure that if a matter is not admitted, the answering party must state in detail why the answering party cannot truthfully admit or deny it. Accordingly, the Court trusts that Rule 36 provides a sufficient vehicle for Plaintiffs to develop the record on the matters set forth in their requests for admission. Accordingly, for these reasons, the Court, on its own motion, hereby vacates its Order entered on 7/13/16 86 and, instead, grants in part and denies in part Plaintiffs' Motion to Conduct Limited, Expedited Discovery of Intervenor Defendants 81 . Intervenor-Defendant Student A by and through Student As parent or legal guardian shall answer Plaintiffs requests for admission by 7/21/16. Plaintiffs' time to file their reply brief is extended to 7/26/16. Signed by the Honorable Jeffrey T. Gilbert on 7/15/2016. Mailed notice(ber, ) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER
89

MINUTE entry before the Honorable Jeffrey T. Gilbert: Plaintiffs' Motion to File a Twenty-Five Page Preliminary Injunction Reply Memorandum 87 is granted. Mailed notice (lxs, ) (Entered: 07/19/2016)

July 19, 2016

July 19, 2016

PACER
90

TRANSCRIPT OF PROCEEDINGS held on July 13, 2016 before the Honorable Jeffrey T. Gilbert. Court Reporter Contact Information: Carolyn Cox, Carolyn_Cox@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 8/10/2016. Redacted Transcript Deadline set for 8/22/2016. Release of Transcript Restriction set for 10/18/2016. (Cox, Carolyn) (Entered: 07/20/2016)

July 20, 2016

July 20, 2016

PACER
91

STIPULATION (Joint Stipulation Regarding Intervenor-Defendants' Responses To Plaintiffs' First Set Of Requests For Admission) (Miller, Britt) (Entered: 07/20/2016)

July 20, 2016

July 20, 2016

PACER
92

ORDER ON JOINT STIPULATION REGARDING INTERVENOR-DEFENDANTS' RESPONSES TO PLAINTIFFS' FIRST SET OF REQUESTS FOR ADMISSION Signed by the Honorable Jeffrey T. Gilbert on 7/21/2016.Mailed notice(lxs, ) (Entered: 07/21/2016)

July 21, 2016

July 21, 2016

PACER
93

MINUTE entry before the Honorable Jeffrey T. Gilbert: In response to telephone inquiries to chambers concerning the hearing on Plaintiffs' Motion for Preliminary Injunction 21 currently scheduled for 8/3/16 and the Court's preferred time allocations for oral argument at that hearing, the Court suggests the following allocations: Plaintiffs will take up to 30 minutes for an opening presentation; the Federal Defendants together, the District Defendants and Intervenor-Defendants will each take up to 20 minutes for any separate presentations; and Plaintiffs will take up to 20 minutes for any rebuttal. The Court does not need any party to regurgitate verbatim what they have said in their briefs. Rather, the Court encourages presentations that hit the high points, focus on or summarize the key facts or law upon which a party relies, and emphasize what a party believes to be the fundamental or key weakness(es) in an opponents position. The Court also will have some questions for the parties. If these proposed time allocations are not acceptable, then the parties should feel free to submit a letter to chambers with their alternative proposal(s). The Court continues to reserve the option to continue the 8/3/16 hearing as it mentioned at an earlier hearing if it believes that is necessary. Mailed notice (ber, ) (Entered: 07/26/2016)

July 26, 2016

July 26, 2016

PACER
94

REPLY by C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. to MOTION by Plaintiffs C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. for preliminary injunction 21 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(La Rue, Joseph) (Entered: 07/26/2016)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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July 26, 2016

July 26, 2016

RECAP
95

MOTION by Plaintiffs C. A., N. A., N. G., R. G., A. M., R. M., S. M., Students and Parents for Privacy, A. T. V., A. V., T. V., B. W., D. W., V. W. to seal Plaintiffs' Reply Memorandum in Support of Their Preliminary Injunction Motion, and Exhibit 10 (Attachments: # 1 Declaration of Joseph E. La Rue)(La Rue, Joseph) (Entered: 07/26/2016)

July 26, 2016

July 26, 2016

PACER
96

NOTICE of Motion by Joseph E La Rue for presentment of motion to seal, 95 before Honorable Jeffrey T. Gilbert on 8/2/2016 at 09:15 AM. (La Rue, Joseph) (Entered: 07/26/2016)

July 26, 2016

July 26, 2016

PACER
97

ATTORNEY Appearance for Defendants John B. King, Jr, Loretta E. Lynch, United States Department of Education, United States Department of Justice by Benjamin Leon Berwick (Berwick, Benjamin) (Entered: 07/27/2016)

July 27, 2016

July 27, 2016

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Education

Speech and Religious Freedom

Special Collection(s):

Transgender Bathroom Access Cases

Key Dates

Filing Date: May 4, 2016

Closing Date: April 15, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Students and Parents for Privacy and five students and their parents from the defendant school district.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Township High School District 211 (Cook), County

U.S. Department of Education (- United States (national) -), Federal

U.S. Department of Justice (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Elementary/Secondary School

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

State law

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

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Free Exercise Clause

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

General/Misc.:

Education

Juveniles

School/University Facilities

School/University policies

Discrimination Area:

Harassment / Hostile Work Environment

Discrimination Basis:

Religion discrimination

Affected Sex/Gender(s):

Female