Case: L.E. v. Lee

3:21-cv-00835 | U.S. District Court for the Middle District of Tennessee

Filed Date: Nov. 4, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

In 2021, the Tennessee General Assembly enacted Senate Bill 228, which prohibits transgender middle and high school students from participating on interscholastic athletic teams that match their gender identity. In response, the parents of a transgender high school boy who wished to try out for his school's boy's golf team filed this lawsuit in the U.S. District Court for the Middle District of Tennessee on November 4, 2021. The student's complaint alleged that the law constitutes discriminatio…

In 2021, the Tennessee General Assembly enacted Senate Bill 228, which prohibits transgender middle and high school students from participating on interscholastic athletic teams that match their gender identity. In response, the parents of a transgender high school boy who wished to try out for his school's boy's golf team filed this lawsuit in the U.S. District Court for the Middle District of Tennessee on November 4, 2021. The student's complaint alleged that the law constitutes discrimination on the basis of sex and transgender status in violation of both the Equal Protection Clause and Title IX. Represented by a legal team that includes private counsel as well as the ACLU and Lambda Legal, the student sought declaratory relief and a permanent injunction against the enforcement of S.B. 228. Judge Waverly D. Crenshaw, Jr. then assigned the case to Magistrate Judge Alistair Newbern for customized case management.

On October 7, 2022, both parties brought competing motions for summary judgment. Nearly a year later, on August 28, 2023, the court entered an administrative stay in the case while awaiting a decision from the Sixth Circuit Court of Appeals on an appeal of a preliminary injunction in a related case, L.W. v. Skrmetti. The court lifted the administrative stay on October 6, 2023, after the Sixth Circuit issued its opinion reversing the preliminary injunction granted in Skrmetti

This case is ongoing as of March 2024.

Summary Authors

Logan Moore (3/6/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60702609/parties/le-v-lee/


Judge(s)
Attorney for Plaintiff

Benedetto, Matthew D. (Tennessee)

Borelli, Tara L. (Tennessee)

Brown, Meredith Taylor (Tennessee)

Buchert, Sasha (Tennessee)

Attorney for Defendant

Bergmeyer, Stephanie A. (Tennessee)

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Documents in the Clearinghouse

Document
1

3:21-cv-00835

Complaint for Declaratory and Injunctive Relief

Nov. 4, 2021

Nov. 4, 2021

Complaint
96

3:21-cv-00835

State Defendants’ Notice of Sixth Circuit’s Decision and Motion to Lift the Administrative Stay

Oct. 1, 2023

Oct. 1, 2023

Other
97

3:21-cv-00835

Order

Oct. 6, 2023

Oct. 6, 2023

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60702609/le-v-lee/

Last updated March 6, 2024, 7:45 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Darrell Cobbins, Nick Darnell, Robert Eby, Mike Edwards, Gordon Ferguson, Lillian Hartgrove, Emily House, Larry Jensen, Elissa Kim, Knox County Board of Education, Bill Lee, Sara Heyburn Morrison, Nate Morrow, Penny Schwinn, Tennessee State Board of Education, and Robert M. "Bob" Thomas (Filing fee $402, Receipt number 0650-3478865), filed by L. E. (Attachments: # 1 Exhibit A - TSSAA TMSAA Transgender Policy, # 2 Civil Cover Sheet)(vh) (Entered: 11/04/2021)

1 Exhibit A - TSSAA TMSAA Transgender Policy

View on RECAP

2 Attachment Civil Cover Sheet

View on RECAP

Nov. 4, 2021

Nov. 4, 2021

Clearinghouse
2

NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (vh) (Entered: 11/04/2021)

Nov. 4, 2021

Nov. 4, 2021

PACER
3

NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (vh) (Entered: 11/04/2021)

Nov. 4, 2021

Nov. 4, 2021

PACER

TN State Bar status verified as active for Thomas H. Castelli and Stella Yarbrough admitted to this court. (vh)

Nov. 5, 2021

Nov. 5, 2021

PACER

NY State Bar status verified as active for Leslie Cooper, Meredith Taylor Brown, and Alan E. Schoenfeld not admitted to this court - Local counsel secured. (vh)

Nov. 5, 2021

Nov. 5, 2021

PACER

NOTICE TO COUNSEL Leslie Cooper, Meredith Taylor Brown, and Alan E. Schoenfeld: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 11/26/2021. (vh)

Nov. 5, 2021

Nov. 5, 2021

PACER

CA State Bar status verified as active for Matthew D. Benedetto and Thomas F. Costello-Vega not admitted to this court - Local counsel secured. (vh) Modified on 11/5/2021 (vh).

Nov. 5, 2021

Nov. 5, 2021

PACER

NOTICE TO COUNSEL Matthew D. Benedetto and Thomas F. Costello-Vega: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 11/26/2021. (vh)

Nov. 5, 2021

Nov. 5, 2021

PACER

DC State Bar status verified as active for Emily L. Stark and Samuel M. Strongin not admitted to this court - Local counsel secured. (vh)

Nov. 5, 2021

Nov. 5, 2021

PACER

NOTICE TO COUNSEL Emily L. Stark and Samuel M. Strongin: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 11/26/2021. (vh)

Nov. 5, 2021

Nov. 5, 2021

PACER

GA State Bar status verified as active for Tara L. Borelli not admitted to this court - Local counsel secured. (vh)

Nov. 5, 2021

Nov. 5, 2021

PACER

Annotation - Bar Status

Nov. 5, 2021

Nov. 5, 2021

PACER

OR State Bar status verified as active for Sasha Buchert not admitted to this court - Local counsel secured. (vh)

Nov. 5, 2021

Nov. 5, 2021

PACER

NOTICE TO COUNSEL Tara L. Borelli and Sasha Buchert: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 11/26/2021. (vh)

Nov. 5, 2021

Nov. 5, 2021

PACER

Annotation - PHV

Nov. 5, 2021

Nov. 5, 2021

PACER
4

NOTICE of Initial Case Management Conference by Telephone set for 1/20/2022 at 10:30 AM before Magistrate Judge Alistair Newbern. (vh) (Entered: 11/05/2021)

Nov. 5, 2021

Nov. 5, 2021

PACER

NOTICE TO COUNSEL Carl S. Charles: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $150.00 (LR 83.01(b)). PHV due by 11/26/2021. (vh)

Nov. 5, 2021

Nov. 5, 2021

PACER
5

Summons issued as to Darrell Cobbins, Nick Darnell, Robert Eby, Mike Edwards, Gordon Ferguson, Lillian Hartgrove, Emily House, Elissa Kim, Knox County Board of Education, Bill Lee, Sara Heyburn Morrison, Nate Morrow, Penny Schwinn, Tennessee State Board of Education, Robert M. "Bob" Thomas. (Service copies to be picked up by counsel.) (bs) (Entered: 11/05/2021)

Nov. 5, 2021

Nov. 5, 2021

PACER
6

ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. § 636(b)(1)(A). Lead counsel for the parties shall attend the initial case management conference. Signed by Chief Judge Waverly D. Crenshaw, Jr on 11/5/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs) (Entered: 11/05/2021)

Nov. 5, 2021

Nov. 5, 2021

RECAP
7

MOTION for attorney Tara L. Borelli to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3482240) by L. E.. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER
8

MOTION for attorney Thomas F. Costello-Vega to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3482351) by L. E.. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 11/11/2021)

Nov. 11, 2021

Nov. 11, 2021

PACER
9

MOTION for attorney Samuel M. Strongin to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3482352) by L. E.. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 11/11/2021)

Nov. 11, 2021

Nov. 11, 2021

PACER
10

MOTION for attorney Sasha J. Buchert to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3482357) by L. E.. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 11/11/2021)

Nov. 11, 2021

Nov. 11, 2021

PACER
11

MOTION for attorney Matthew D. Benedetto to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3482359) by L. E.. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 11/11/2021)

Nov. 11, 2021

Nov. 11, 2021

PACER
12

MOTION for attorney Emily L. Stark to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3482360) by L. E.. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 11/11/2021)

Nov. 11, 2021

Nov. 11, 2021

PACER
13

MOTION for attorney Alan Schoenfeld to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3482362) by L. E.. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 11/11/2021)

Nov. 11, 2021

Nov. 11, 2021

PACER
14

MOTION for attorney Carl S. Charles to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3482367) by L. E.. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 11/11/2021)

Nov. 11, 2021

Nov. 11, 2021

PACER

Annotation - Bar Status

Nov. 12, 2021

Nov. 12, 2021

PACER

NY State Bar status verified as active for Carl S. Charles not admitted to this court - Local counsel secured.. (bs)

Nov. 12, 2021

Nov. 12, 2021

PACER
15

ORDER granting 7, 8, 9, 10, 11, 12, 13, and 14 : Having satisfied the requirements of Local Rule 83.01(b), the Motions for Tara L. Borelli, Thomas F. Costello-Vega, Samuel M. Strongin, Sasha J. Buchert, Matthew D. Benedetto, Emily L. Stark, Alan Schoenfeld, and Carl S. Charles to Appear Pro Hac Vice are granted. Signed by Lynda Hill, Clerk of Court, on 11/12/2021. (lh) (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

PACER

Appear Pro Hac Vice AND Appear Pro Hac Vice AND Appear Pro Hac Vice AND Appear Pro Hac Vice AND Appear Pro Hac Vice AND Appear Pro Hac Vice AND Appear Pro Hac Vice AND Appear Pro Hac Vice

Nov. 12, 2021

Nov. 12, 2021

PACER
16

MOTION for attorney Leslie Cooper to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3485529) by L. E.. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 11/17/2021)

Nov. 17, 2021

Nov. 17, 2021

PACER
17

MOTION for attorney Meredith Taylor Brown to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3485538) by L. E.. (Attachments: # 1 Attachment Certificate of Good Standing)(Castelli, Thomas) (Entered: 11/17/2021)

Nov. 17, 2021

Nov. 17, 2021

PACER
18

ORDER granting 16 and 17 : Having satisfied the requirements of Local Rule 83.01(b), the Motions for Leslie Cooper and Meredith Taylor Brown to Appear Pro Hac Vice are granted. Signed by Lynda Hill, Clerk of Court, on 11/18/2021. (lh) (Entered: 11/18/2021)

Nov. 18, 2021

Nov. 18, 2021

PACER

Appear Pro Hac Vice AND Appear Pro Hac Vice

Nov. 18, 2021

Nov. 18, 2021

PACER
19

ANSWER to 1 Complaint, by Darrell Cobbins, Nick Darnell, Robert Eby, Mike Edwards, Gordon Ferguson, Lillian Hartgrove, Emily House, Larry Jensen, Elissa Kim, Bill Lee, Sara Heyburn Morrison, Nate Morrow, Penny Schwinn, Tennessee State Board of Education.(Bergmeyer, Stephanie) (Entered: 12/03/2021)

Dec. 3, 2021

Dec. 3, 2021

RECAP

Annotation - Bar Status

Dec. 7, 2021

Dec. 7, 2021

PACER

TN State Bar status verified as active for Stephanie A. Bergmeyer admitted to this court. (bs)

Dec. 7, 2021

Dec. 7, 2021

PACER
20

ANSWER to 1 Complaint, by Knox County Board of Education, Robert M. "Bob" Thomas.(Sanders, David) (Entered: 01/06/2022)

Jan. 6, 2022

Jan. 6, 2022

RECAP
21

PROPOSED CASE MANAGEMENT ORDER filed by All Plaintiffs. (Castelli, Thomas) (Entered: 01/18/2022)

Jan. 18, 2022

Jan. 18, 2022

RECAP

Case Management Conference by Telephone

Jan. 20, 2022

Jan. 20, 2022

PACER

Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Case Management Conference by Telephone held on 1/20/2022. (Hearing lasted 00:25)(sd)

Jan. 20, 2022

Jan. 20, 2022

PACER
22

INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 5/6/2022. Discovery due by 6/30/2022. Dispositive Motions due by 10/7/2022. A Case Management Conference by Telephone is set for 6/7/2022 at 10:00 AM before Magistrate Judge Alistair Newbern. Signed by Magistrate Judge Alistair Newbern on 1/20/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln) (Entered: 01/21/2022)

Jan. 20, 2022

Jan. 20, 2022

PACER
23

***VACATED PER ORDER 84 ***ORDER SETTING CASE FOR TRIAL: Bench Trial is set for 3/21/2023 at 9:00 AM in Courtroom A859 before Chief Judge Waverly D. Crenshaw Jr. Pretrial Conference is set for 3/6/2023 at 2:00 PM in Courtroom A859 before Chief Judge Waverly D. Crenshaw Jr. Proposed Pretrial Order due by 2/27/2023. Exhibit List due by 2/27/2023. Witness List due by 2/27/2023. Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/28/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln) Modified on 2/3/2023 (mg). (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

RECAP
24

NOTICE by L. E. Of Withdrawal of Counsel (Castelli, Thomas) (Entered: 02/01/2022)

Feb. 1, 2022

Feb. 1, 2022

RECAP
25

MOTION for attorney Britany Riley-Swanbeck to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3558523) by L. E.. (Attachments: # 1 Attachment Certificate of Good Standing)(Yarbrough, Stella) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER
26

MOTION for attorney Lisa Nowlin-Sohl to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3558537) by L. E.. (Attachments: # 1 Attachment Certificate of Good Standing)(Yarbrough, Stella) (Entered: 03/22/2022)

March 22, 2022

March 22, 2022

PACER

MD State Bar status verified as active for Britany Riley-Swanbeck not admitted to this court - Local counsel secured. (bs)

March 23, 2022

March 23, 2022

PACER

WA State Bar status verified as active for Lisa Nowlin-Sohl not admitted to this court - Local counsel secured. (bs)

March 23, 2022

March 23, 2022

PACER

Annotation - Bar Status

March 23, 2022

March 23, 2022

PACER
27

ORDER granting 25 and 26 : Having satisfied the requirements of Local Rule 83.01(b), the Motions for Britany Riley-Swanbeck and Lisa Nowlin-Sohl to Appear Pro Hac Vice are granted. Signed by Lynda Hill, Clerk of Court, on 03/23/2022. (lh) (Entered: 03/23/2022)

March 23, 2022

March 23, 2022

PACER

Appear Pro Hac Vice AND Appear Pro Hac Vice

March 23, 2022

March 23, 2022

PACER
28

Joint MOTION for Protective Order by L. E.. (Attachments: # 1 Exhibit A: Proposed Protective Order)(Yarbrough, Stella) (Entered: 05/10/2022)

May 10, 2022

May 10, 2022

PACER
29

ORDER granting 28 Motion for Protective Order. Signed by Magistrate Judge Alistair Newbern on 5/11/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs) (Entered: 05/11/2022)

May 11, 2022

May 11, 2022

PACER
30

PROTECTIVE ORDER. Signed by Magistrate Judge Alistair Newbern on 5/11/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs) (Entered: 05/11/2022)

May 11, 2022

May 11, 2022

PACER
31

Joint Case Resolution Status Report by L. E.. (Yarbrough, Stella) (Entered: 05/20/2022)

May 20, 2022

May 20, 2022

PACER
32

Joint MOTION for Extension of Time to Complete Discovery by L. E.. (Yarbrough, Stella) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

PACER
33

ORDER granting 32 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge Alistair Newbern on 5/25/2022. (bs) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER
34

MOTION for Discovery Conference by L. E.. (Yarbrough, Stella) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

PACER

Set/Reset Hearings

June 3, 2022

June 3, 2022

PACER
35

ORDER: On May 27, 2022, Plaintiff L.E. filed a motion for discovery dispute conference. (Doc. No. 34 .) The motion is GRANTED. A telephone conference with the Magistrate Judge is set on June 7, 2022, at 10:00 a.m. Counsel shall call (888) 557-8511 and enter access code 7819165# to participate. Counsel shall file a joint statement of the discovery dispute by no later than June 3, 2022. Signed by Magistrate Judge Alistair Newbern on 6/3/2022.(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln) (Entered: 06/03/2022)

June 3, 2022

June 3, 2022

PACER

Set Hearing: Telephone Conference set for 6/7/2022 at 10:00 AM before Magistrate Judge Alistair Newbern. (ln)

June 3, 2022

June 3, 2022

PACER
36

DISCOVERY DISPUTE STATEMENT by L. E.. (Attachments: # 1 Attachment - Declaration of Li (Lisa) Nowlin-Sohl in Support Thereto, # 2 Exhibit A - First Set of Interrogatories to Governor Lee, # 3 Exhibit B - First Set of Requests for Production to Defendant Governor Bill Lee, # 4 Exhibit C - First Set of Interrogatories to Defendants Penny Schwinn, Tennessee State Board of Education, Sara Heyburn Morrison, and the Individual Members of the Tennessee State Board of Education, # 5 Exhibit D - First Set of Requests for Production to the State Board Defendants, # 6 Exhibit E - Chain of Email Correspondence dated between March 22, 2022 and March 28, 2022, # 7 Exhibit F - Email Correspondence dated between April 8, 2022, and April 25, 2022, # 8 Attachment G - Email Correspondence dated between May 2, 2022, and May 11, 2022, # 9 Exhibit H - Email Correspondence dated between May 11, 2022, and May 13, 2022, # 10 Exhibit I - Discovery Responses, # 11 Exhibit J - Email Correspondence dated between May 16, 2022, and May 26, 2022)(Schoenfeld, Alan) (Entered: 06/03/2022)

1 Attachment - Declaration of Li (Lisa) Nowlin-Sohl in Support Thereto

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2 Exhibit A - First Set of Interrogatories to Governor Lee

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3 Exhibit B - First Set of Requests for Production to Defendant Governor Bill Lee

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4 Exhibit C - First Set of Interrogatories to Defendants Penny Schwinn, Tennessee

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5 Exhibit D - First Set of Requests for Production to the State Board Defendants

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6 Exhibit E - Chain of Email Correspondence dated between March 22, 2022 and March

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7 Exhibit F - Email Correspondence dated between April 8, 2022, and April 25, 2022

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8 Attachment G - Email Correspondence dated between May 2, 2022, and May 11, 2022

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9 Exhibit H - Email Correspondence dated between May 11, 2022, and May 13, 2022

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10 Exhibit I - Discovery Responses

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11 Exhibit J - Email Correspondence dated between May 16, 2022, and May 26, 2022

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June 3, 2022

June 3, 2022

PACER

Minute Entry for proceedings held before Magistrate Judge Alistair Newbern: Telephone Conference held on 6/7/2022. (Hearing lasted 00:25)(sd)

June 7, 2022

June 7, 2022

PACER

Telephone Conference

June 7, 2022

June 7, 2022

PACER
37

ORDER: The Tennessee Attorney General's Office shall complete production of all written discovery responsive to all outstanding discovery requests by June 21, 2022. Because the parties have a large number of fact and expert witness depositions to be taken before August 10, 2022, for which they must prepare, the Court does not anticipate extending this deadline. All other deadlines remain as set by the Court's prior orders (Doc. Nos. 22, 23, 33 ). Signed by Magistrate Judge Alistair Newbern on 6/7/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs) (Entered: 06/07/2022)

June 7, 2022

June 7, 2022

PACER
38

MOTION for Extension of Time to Amend, MOTION for Extension of Time to Complete Discovery by Bill Lee. (Bergmeyer, Stephanie) (Entered: 06/22/2022)

June 22, 2022

June 22, 2022

PACER
39

ORDER: Defendants filed a motion to extend the deadline for production of discovery set by the Court's prior order by one day. (Doc. No. 38 .) The motion was filed on June 22, 2022, and requested an extension until June 22, 2022. The motion does not represent that Defendants' counsel conferred with Plaintiff's counsel regarding their position on the motion, as required by this Court's Local Rule 7.01(a)(1). Because the date of the requested extension has passed and, the Court assumes, the production has been made, the motion is likely now largely moot. Should Plaintiff have any response to the motion, it shall be filed by June 30, 2022. Counsel are advised to ensure that all future motions comply with the Local Rules. Signed by Magistrate Judge Alistair Newbern on 6/27/2022. (bs) (Entered: 06/27/2022)

June 27, 2022

June 27, 2022

PACER
40

NOTICE of Appearance by Jessica Jernigan-Johnson on behalf of Knox County Board of Education, Robert M. "Bob" Thomas (Jernigan-Johnson, Jessica) (Entered: 07/08/2022)

July 8, 2022

July 8, 2022

PACER

TN State Bar status verified as active for Jessica Jernigan-Johnson admitted to this court. (bs)

July 9, 2022

July 9, 2022

PACER

Annotation - Bar Status

July 9, 2022

July 9, 2022

PACER
41

NOTICE of Appearance by Clark Lassiter Hildabrand on behalf of Darrell Cobbins, Nick Darnell, Robert Eby, Mike Edwards, Gordon Ferguson, Lillian Hartgrove, Emily House, Larry Jensen, Elissa Kim, Bill Lee, Sara Heyburn Morrison, Nate Morrow, Penny Schwinn, Tennessee State Board of Education (Hildabrand, Clark) (Entered: 08/07/2022)

Aug. 7, 2022

Aug. 7, 2022

PACER
42

Joint Case Resolution Status Report by Darrell Cobbins, Nick Darnell, Robert Eby, Mike Edwards, Gordon Ferguson, Lillian Hartgrove, Emily House, Larry Jensen, Elissa Kim, Bill Lee, Sara Heyburn Morrison, Nate Morrow, Penny Schwinn, Tennessee State Board of Education. (Bergmeyer, Stephanie) (Entered: 08/08/2022)

Aug. 8, 2022

Aug. 8, 2022

RECAP
43

MOTION for attorney Jennifer Milici to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3664957) by L. E.. (Attachments: # 1 Attachment Certificate of Good Standing)(Yarbrough, Stella) (Entered: 09/12/2022)

Sept. 12, 2022

Sept. 12, 2022

PACER
44

MOTION for attorney John O'Toole to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3664971) by L. E.. (Attachments: # 1 Attachment Certificate of Good Standing)(Yarbrough, Stella) (Entered: 09/12/2022)

Sept. 12, 2022

Sept. 12, 2022

PACER

D.C. Bar status verified as active for Jennifer Milici, John W. O'Toole not admitted to this court - Local counsel secured. (mg)

Sept. 13, 2022

Sept. 13, 2022

PACER

Annotation - Bar Status

Sept. 13, 2022

Sept. 13, 2022

PACER
45

ORDER granting 43 and 44 : Having satisfied the requirements of Local Rule 83.01(b), the Motions for Jennifer Milici and John O'Toole to Appear Pro Hac Vice are granted. Signed by Lynda Hill on 09/16/2022. (lh) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

PACER

Appear Pro Hac Vice AND Appear Pro Hac Vice

Sept. 16, 2022

Sept. 16, 2022

PACER
46

Joint MOTION for Summary Judgment by Knox County Board of Education, Robert M. "Bob" Thomas. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Jernigan-Johnson, Jessica) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
47

MEMORANDUM in Support of 46 Joint MOTION for Summary Judgment filed by Knox County Board of Education, Robert M. "Bob" Thomas . (Jernigan-Johnson, Jessica) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
48

STATEMENT of facts Undisputed Material Facts filed by Knox County Board of Education, Robert M. "Bob" Thomas in support of 46 Motion for Summary Judgment. (Jernigan-Johnson, Jessica) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
49

MOTION for attorney Lucas Cameron- Vaughn to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3681182) by L. E.. (Attachments: # 1 Attachment Certificate of Good Standing)(Yarbrough, Stella) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
50

MOTION for Summary Judgment by L. E.. (Schoenfeld, Alan) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
51

MEMORANDUM in Support of 50 MOTION for Summary Judgment filed by L. E. . (Schoenfeld, Alan) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
52

STATEMENT of facts filed by L. E. in support of 50 Motion for Summary Judgment. (Schoenfeld, Alan) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
53

DECLARATION of Stella Yarbrough filed by L. E. re: 50 MOTION for Summary Judgment . (Attachments: # 1 Exhibit 1 - Declaration of L.E, # 2 Exhibit 2 - L.E Deposition Transcripts Excerpts, # 3 Exhibit 3 - Shelley Esquivel Deposition Transcripts Excerpts, # 4 Exhibit 4 - Mario Esquivel Deposition Transcripts Excerpts, # 5 Exhibit 5 - Dr. Penny Schwinn Deposition Transcripts Excerpts, # 6 Exhibit 6 - Dr. Sara Heyburn Morrison Deposition Transcripts Excerpts, # 7 Exhibit 7 - Jennifer Hemmelgarn Deposition Transcripts Excerpts, # 8 Exhibit 8 - John Bartlett Deposition Transcripts Excerpts, # 9 Exhibit 9 - Jonathan Higgins Deposition Transcripts Excerpts, # 10 Exhibit 10 - Donald Dodgen Deposition Transcripts Excerpts, # 11 Exhibit 11 - Declaration of Mark Reeves, # 12 Exhibit 12 - Declaration of Samuel Steinbrugge, # 13 Exhibit 13 - Knox County Responses to Plaintiff's First Set of Requests for Admission, # 14 Exhibit 14 - State Board Responses to Plaintiff's Interrogatories, Set One, # 15 Exhibit 15 - Commissioner Schwinn Responses to Plaintiff's Interrogatories, Set One, # 16 Exhibit 16 - Plaintiff Responses to State Defendants' Second Interrogatories, # 17 Exhibit 17 - Plaintiff Responses to County Defendants' First Interrogatories, # 18 Exhibit 18 - Dr. Melissa A. Cyperski Expert Report, # 19 Exhibit 19 - Helen Carroll Expert Report, # 20 Exhibit 20 - Gregory A. Brown, PhD., FACSM, Expert Report, # 21 Exhibit 21 - Dr. Chad T. Carlson, M.D., FACSM, Expert Report, # 22 Exhibit 22 - Dr. Gregory A. Brown Depo Transcript Excerpts, # 23 Exhibit 23 - Dr. Chad T. Carlson Depo Transcript Excerpts, # 24 Exhibit 24 - Tennessee 2021 Pub. Ch. 40 - HB0003, # 25 Exhibit 25 - Tennessee 2021 Pub. Ch. 909 - HB1895, # 26 Exhibit 26 - Tennessee 2021 Pub. Ch. 460, # 27 Exhibit 27 - Tennessee 2021 Pub. Ch. 452, # 28 Exhibit 28 - Tennessee 2021 Pub. Ch. 281 - SB1229, # 29 Exhibit 29 - Tennessee SBOE Proposed Rule 0520-01-23, # 30 Exhibit 30 - TSSAA Handbook (Dodgen Depo Exhibit 3), # 31 Exhibit 31 - Knox County Board Interscholastic Athletics Policy, # 32 Exhibit 32 - TSSAA TMSAA Transgender Policy, # 33 Exhibit 33 - APA Manual - Gender Dysphoria Chapter, # 34 Exhibit 34 - Henry Berg-Brousseau HRC Article)(Schoenfeld, Alan) (Entered: 10/07/2022)

1 Exhibit 1 - Declaration of L.E

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2 Exhibit 2 - L.E Deposition Transcripts Excerpts

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3 Exhibit 3 - Shelley Esquivel Deposition Transcripts Excerpts

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4 Exhibit 4 - Mario Esquivel Deposition Transcripts Excerpts

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5 Exhibit 5 - Dr. Penny Schwinn Deposition Transcripts Excerpts

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6 Exhibit 6 - Dr. Sara Heyburn Morrison Deposition Transcripts Excerpts

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7 Exhibit 7 - Jennifer Hemmelgarn Deposition Transcripts Excerpts

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8 Exhibit 8 - John Bartlett Deposition Transcripts Excerpts

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9 Exhibit 9 - Jonathan Higgins Deposition Transcripts Excerpts

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10 Exhibit 10 - Donald Dodgen Deposition Transcripts Excerpts

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11 Exhibit 11 - Declaration of Mark Reeves

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12 Exhibit 12 - Declaration of Samuel Steinbrugge

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13 Exhibit 13 - Knox County Responses to Plaintiff's First Set of Requests for

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14 Exhibit 14 - State Board Responses to Plaintiff's Interrogatories, Set One

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15 Exhibit 15 - Commissioner Schwinn Responses to Plaintiff's Interrogatories,

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16 Exhibit 16 - Plaintiff Responses to State Defendants' Second Interrogatorie

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17 Exhibit 17 - Plaintiff Responses to County Defendants' First Interrogatorie

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18 Exhibit 18 - Dr. Melissa A. Cyperski Expert Report

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19 Exhibit 19 - Helen Carroll Expert Report

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20 Exhibit 20 - Gregory A. Brown, PhD., FACSM, Expert Report

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21 Exhibit 21 - Dr. Chad T. Carlson, M.D., FACSM, Expert Report

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22 Exhibit 22 - Dr. Gregory A. Brown Depo Transcript Excerpts

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23 Exhibit 23 - Dr. Chad T. Carlson Depo Transcript Excerpts

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24 Exhibit 24 - Tennessee 2021 Pub. Ch. 40 - HB0003

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25 Exhibit 25 - Tennessee 2021 Pub. Ch. 909 - HB1895

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26 Exhibit 26 - Tennessee 2021 Pub. Ch. 460

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27 Exhibit 27 - Tennessee 2021 Pub. Ch. 452

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28 Exhibit 28 - Tennessee 2021 Pub. Ch. 281 - SB1229

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29 Exhibit 29 - Tennessee SBOE Proposed Rule 0520-01-23

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30 Exhibit 30 - TSSAA Handbook (Dodgen Depo Exhibit 3)

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31 Exhibit 31 - Knox County Board Interscholastic Athletics Policy

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32 Exhibit 32 - TSSAA TMSAA Transgender Policy

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33 Exhibit 33 - APA Manual - Gender Dysphoria Chapter

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34 Exhibit 34 - Henry Berg-Brousseau HRC Article

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Oct. 7, 2022

Oct. 7, 2022

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54

MOTION for Summary Judgment by Darrell Cobbins, Nick Darnell, Robert Eby, Mike Edwards, Gordon Ferguson, Lillian Hartgrove, Emily House, Larry Jensen, Elissa Kim, Bill Lee, Sara Heyburn Morrison, Nate Morrow, Penny Schwinn, Tennessee State Board of Education. (Bergmeyer, Stephanie) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

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STATEMENT of facts filed by Darrell Cobbins, Nick Darnell, Robert Eby, Mike Edwards, Gordon Ferguson, Lillian Hartgrove, Emily House, Larry Jensen, Elissa Kim, Bill Lee, Sara Heyburn Morrison, Nate Morrow, Penny Schwinn, Tennessee State Board of Education in support of 54 Motion for Summary Judgment,. (Bergmeyer, Stephanie) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

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56

MEMORANDUM in Support of 54 MOTION for Summary Judgment filed by Darrell Cobbins, Nick Darnell, Robert Eby, Mike Edwards, Gordon Ferguson, Lillian Hartgrove, Emily House, Larry Jensen, Elissa Kim, Bill Lee, Sara Heyburn Morrison, Nate Morrow, Penny Schwinn, Tennessee State Board of Education . (Bergmeyer, Stephanie) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

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57

DECLARATION of Stephanie Bergmeyer filed by Darrell Cobbins, Nick Darnell, Robert Eby, Mike Edwards, Gordon Ferguson, Lillian Hartgrove, Emily House, Larry Jensen, Elissa Kim, Bill Lee, Sara Heyburn Morrison, Nate Morrow, Penny Schwinn, Tennessee State Board of Education re: 54 MOTION for Summary Judgment . (Attachments: # 1 Exhibit 1- TSSAA sports and 2022-23 Handbook, # 2 Exhibit 2- TSSAA Golf Local Rules, # 3 Exhibit 3- TSSAA Wrestling Regulations, # 4 Exhibit 4- TSSAA Girls' Wrestling Regulations, # 5 Exhibit 5- Coach Higgins' Dep., # 6 Exhibit 6- Mario Esquivel Dep., # 7 Exhibit 7- Shelley Esquivel Dep., # 8 Exhibit 8- L.E. Dep., # 9 Exhibit 9- State E.D. Morrison Dep., # 10 Exhibit 10- Knox Cnty. Hemmelgarn Dep., # 11 Exhibit 11- Knox Cnty. Barlett Dep., # 12 Exhibit 12- Dr. Cyperski Dep.)(Bergmeyer, Stephanie) (Entered: 10/07/2022)

1 Exhibit 1- TSSAA sports and 2022-23 Handbook

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2 Exhibit 2- TSSAA Golf Local Rules

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3 Exhibit 3- TSSAA Wrestling Regulations

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4 Exhibit 4- TSSAA Girls' Wrestling Regulations

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5 Exhibit 5- Coach Higgins' Dep.

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6 Exhibit 6- Mario Esquivel Dep.

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7 Exhibit 7- Shelley Esquivel Dep.

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8 Exhibit 8- L.E. Dep.

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9 Exhibit 9- State E.D. Morrison Dep.

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10 Exhibit 10- Knox Cnty. Hemmelgarn Dep.

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11 Exhibit 11- Knox Cnty. Barlett Dep.

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12 Exhibit 12- Dr. Cyperski Dep.

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Oct. 7, 2022

Oct. 7, 2022

RECAP

NOTICE TO FILER re DE# 46 : Counsel failed to include the mandatory description of the attached exhibits. Counsel is directed to file a notice that lists each exhibit with a brief description. (mg)

Oct. 8, 2022

Oct. 8, 2022

PACER

Annotation - Deficiency Notice

Oct. 8, 2022

Oct. 8, 2022

PACER

TN State Bar status verified as active for Lucas Cameron-Vaughn not admitted to this court - Local counsel secured. (mg)

Oct. 8, 2022

Oct. 8, 2022

PACER

Annotation - Bar Status

Oct. 8, 2022

Oct. 8, 2022

PACER
58

DECLARATION of Jessica Jernigan-Johnson filed by Knox County Board of Education, Robert M. "Bob" Thomas re: 46 Joint MOTION for Summary Judgment . (Attachments: # 1 Exhibit 1 - KCBOE Policy 1-171, # 2 Exhibit 2 - deposition excerpts of L.E., # 3 Exhibit 3 - deposition excerpts of Jennifer Hemmelgarn, # 4 Exhibit 4 - deposition excerpts of Penny Schwinn, # 5 Exhibit 5 - deposition excerpts of Sara Morrison)(Jernigan-Johnson, Jessica) (Entered: 10/10/2022)

1 Exhibit 1 - KCBOE Policy 1-171

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2 Exhibit 2 - deposition excerpts of L.E.

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3 Exhibit 3 - deposition excerpts of Jennifer Hemmelgarn

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4 Exhibit 4 - deposition excerpts of Penny Schwinn

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5 Exhibit 5 - deposition excerpts of Sara Morrison

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Oct. 10, 2022

Oct. 10, 2022

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ORDER: On October 7, 2022, Defendants Knox County Board of Education, Robert Thomas, Darrell Cobbins, Nick Darnell, Robert Eby, Mike Edwards, Gordon Ferguson, Lillian Hartgrove, Emily House, Larry Jensen, Elissa Kim, Bill Lee, Sara Morrison, Nate Morrow, Penny Schwinn, and Tennessee State Board of Education filed a motion for summary judgment under Federal Rule of Civil Procedure 56 (Doc. Nos. 46, 54 .) On October 7, 2022, Plaintiff L.E. also filed a motion for summary judgment under Federal Rule of Civil Procedure 56. (Doc. No. 50 .) As established by the initial case management order (Doc. No. 22 ), any responses in opposition to the motions for summary judgment must be filed within 28 days of the service of the motions. Any optional replies shall be filed within 14 days of the service of the responses. Signed by Magistrate Judge Alistair Newbern on 10/11/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 10/11/2022)

Oct. 11, 2022

Oct. 11, 2022

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ORDER granting 49 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Lucas Cameron-Vaughn to Appear Pro Hac Vice is granted. Signed by Lynda Hill, Clerk of Court, on 10/11/2022. (lh) (Entered: 10/11/2022)

Oct. 11, 2022

Oct. 11, 2022

PACER

Appear Pro Hac Vice

Oct. 11, 2022

Oct. 11, 2022

PACER
61

MOTION for Leave to File a Consolidated Opposition to Defendants' Motions for Summary Judgment by L. E.. (Schoenfeld, Alan) (Entered: 10/25/2022)

Oct. 25, 2022

Oct. 25, 2022

PACER

Case Details

State / Territory: Tennessee

Case Type(s):

Education

Key Dates

Filing Date: Nov. 4, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A transgender high school student.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Tennessee, State

Knox County Schools (Knox), School District

Tennessee State Board of Education, State

Defendant Type(s):

Jurisdiction-wide

Elementary/Secondary School

Case Details

Causes of Action:

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

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/Misc.:

School/University policies

Discrimination Basis:

Gender identity

Sex discrimination

Discrimination Area:

Sports

LGBTQ+:

LGBTQ+

Transgender: Sports