Case: Malick v. Croswell-Lexington District Schools

2:22-cv-11126 | U.S. District Court for the Eastern District of Michigan

Filed Date: May 23, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

The plaintiffs in this case alleged that their daughter’s school failed to adequately protect her from anti-Black harassment and bullying. Represented by private attorneys, the plaintiffs filed suit against the Croswell-Lexington School District and the district school board in the U.S. District Court for the District of Eastern Michigan on May 23, 2022. The plaintiffs sued under 42 USC § 1983 (based on alleged violations of the Fourteenth Amendment's Equal Protection and Due Process Clauses), …

The plaintiffs in this case alleged that their daughter’s school failed to adequately protect her from anti-Black harassment and bullying. Represented by private attorneys, the plaintiffs filed suit against the Croswell-Lexington School District and the district school board in the U.S. District Court for the District of Eastern Michigan on May 23, 2022. The plaintiffs sued under 42 USC § 1983 (based on alleged violations of the Fourteenth Amendment's Equal Protection and Due Process Clauses), Title VI, and Michigan's Elliott-Larsen Civil Rights Act (ELCRA). They sought compensatory, exemplary, punitive and liquidated damages, as well as attorney’s fees. Judge David M. Lawson was assigned to the case. 

The complaint alleged that the plaintiff's daughter was physically assaulted by another student at her school in September 2018, and that they reported this incident to the school board as well as filed a police report. The student continued to be the subject of bullying for the next few years and her parents eventually decided to homeschool her for the student’s eighth grade year. When the student returned to in-person school at the beginning of the 2021–2022 year, she continued to experience racial bullying according to the complaint, including threats of violence. The plaintiffs alleged that the school often failed to intervene or adequately discipline those causing harm, and the repeated incidents reflected a tolerance of harassment. The plaintiffs alleged further that teachers made negative racial comments at school, including that Black Lives Matter was a “terrorist organization.” Due to the school’s environment, the plaintiffs’ daughter permanently left the school in February 2022. 

On February 20, 2024, the court granted the defendants' motion for summary judgment. The court noted that the racial hostility experienced by the plaintiffs’ daughter was unsettling, but that the school district was not “deliberately indifferent” — a necessary element of the plaintiff’s Title VI, equal protection and substantive due process claims. The court noted that the defendants instituted several corrective measures following allegations of racial harassment, including assignment of adult monitors to walk the plaintiffs’ daughter to classes and approval of an anti-racism resolution that was communicated to students. In addition, the temporal delay between issues and noticeable escalation of defendants’ responses to allegations by the plaintiffs, including increased discipline for successive incidents by students and harsher sanctions for teachers, barred the plaintiffs from meeting the “high” deliberate indifference standard. Finally, the court dismissed the ELCRA claim because the school took prompt responsive action — which is enough under precedent to avoid liability. 717 F.Supp.3d 639.

Two days later, the plaintiffs filed an appeal to the Sixth Circuit, where oral argument occurred on March 20, 2025. The ACLU of Michigan and Public Justice filed amicus briefs for the plaintiffs. As of April 2025, the case is ongoing.

Summary Authors

Isabel Bysiewicz (4/9/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63330274/parties/malick-v-croswell-lexington-district-schools/


Judge(s)
Attorney for Plaintiff

Gordon, Deborah L. (Michigan)

Attorney for Defendant

Chapie, Kenneth B. (Michigan)

Comstock, Travis M. (Michigan)

Hazen, Lindsay P.

Expert/Monitor/Master/Other

Brodsky, Alexandra Zoe

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Documents in the Clearinghouse

Document
1

2:22-cv-11126

Complaint and Demand for Jury Trial

Malick v. Crosswell-Lexington District Schools

May 23, 2022

May 23, 2022

Complaint
67

2:22-cv-11126

Opinion and Order Granting Defendants’ Motion For Summary Judgment

Feb. 20, 2024

Feb. 20, 2024

Order/Opinion

717 F.Supp.3d 639

39

24-01147

Amicus Curiae Brief of the American Civil Liberties Union of Michigan in Support of Plaintiffs-Appellants and Reversal

U.S. Court of Appeals for the Sixth Circuit

Aug. 15, 2024

Aug. 15, 2024

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63330274/malick-v-croswell-lexington-district-schools/

Last updated Aug. 15, 2025, 9:17 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT AND DEMAND FOR JURY TRIAL filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-8921069 - Fee: $ 402. County of 1st Plaintiff: Sanilac - County Where Action Arose: Sanilac - County of 1st Defendant: Sanilac. [Previously dismissed case: No] [Possible companion case(s): None] (Gordon, Deborah) (Entered: 05/23/2022)

May 23, 2022

May 23, 2022

Clearinghouse
2

SUMMONS Issued for *Croswell-Lexington Board of Education, Croswell-Lexington District Schools, Dan Gilbertson, Kyle Wood* (SSch) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

PACER

Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option

May 24, 2022

May 24, 2022

PACER

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (SSch)

May 24, 2022

May 24, 2022

PACER
3

NOTICE of Appearance by Sarah Gordon Thomas on behalf of All Plaintiffs. (Thomas, Sarah) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

PACER
4

NOTICE of Appearance by Molly Savage on behalf of All Plaintiffs. (Savage, Molly) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

PACER
5

NOTICE of Appearance by Elizabeth Ann Marzotto Taylor on behalf of All Plaintiffs. (Taylor, Elizabeth) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

PACER
6

CERTIFICATE of Service/Summons Returned Executed. Croswell-Lexington Board of Education served on 5/31/2022, answer due 6/21/2022. (Gordon, Deborah) (Entered: 06/01/2022)

June 1, 2022

June 1, 2022

PACER
7

CERTIFICATE of Service/Summons Returned Executed. Croswell-Lexington District Schools served on 5/31/2022, answer due 6/21/2022. (Gordon, Deborah) (Entered: 06/01/2022)

June 1, 2022

June 1, 2022

PACER
8

CERTIFICATE of Service/Summons Returned Executed. Dan Gilbertson served on 5/31/2022, answer due 6/21/2022. (Gordon, Deborah) (Entered: 06/01/2022)

June 1, 2022

June 1, 2022

PACER
9

CERTIFICATE of Service/Summons Returned Executed. Kyle Wood served on 5/31/2022, answer due 6/21/2022. (Gordon, Deborah) (Entered: 06/01/2022)

June 1, 2022

June 1, 2022

PACER
10

CERTIFICATE of Service/Summons Returned Executed. Croswell-Lexington Board of Education served on 6/7/2022, answer due 6/28/2022. (Gordon, Deborah) (Entered: 06/08/2022)

June 8, 2022

June 8, 2022

PACER
11

CERTIFICATE of Service/Summons Returned Executed. Croswell-Lexington District Schools served on 6/7/2022, answer due 6/28/2022. (Gordon, Deborah) (Entered: 06/08/2022)

June 8, 2022

June 8, 2022

PACER
12

ANSWER to Complaint with Affirmative Defenses with Jury Demand by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Comstock, Travis) (Entered: 06/28/2022)

June 28, 2022

June 28, 2022

PACER
13

NOTICE TO APPEAR BY TELEPHONE: Scheduling Conference set for 8/29/2022 at 2:00 PM before District Judge David M. Lawson. See image for document deadline. (SPin) (Entered: 06/29/2022)

June 29, 2022

June 29, 2022

PACER
14

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Thomas, Sarah) (Entered: 08/08/2022)

Aug. 8, 2022

Aug. 8, 2022

PACER

Set Deadlines/Hearings

Aug. 16, 2022

Aug. 16, 2022

PACER

Set Deadlines/Hearings: TELEPHONIC Scheduling Conference reset for 9/13/2022 at 2:30 PM before District Judge David M. Lawson. (SPin)

Aug. 16, 2022

Aug. 16, 2022

PACER
15

[STRICKEN] CERTIFICATE OF SERVICE by All Defendants Request to Produce and Interrogatories (Comstock, Travis) Modified on 9/9/2022 (TTho). (Entered: 09/09/2022)

Sept. 9, 2022

Sept. 9, 2022

PACER

Notice of Error

Sept. 9, 2022

Sept. 9, 2022

PACER

NOTICE of Error directed to: Travis M. Comstock re 15 Certificate of Service. Document is prohibited discovery, disclosure or a certificate of service thereof. Document was stricken. [No Image Associated with this docket entry] (TTho)

Sept. 9, 2022

Sept. 9, 2022

PACER

Error

Sept. 9, 2022

Sept. 9, 2022

PACER

Scheduling Conference

Sept. 13, 2022

Sept. 13, 2022

PACER

Minute Entry for telephonic proceedings before District Judge David M. Lawson: Telephonic Scheduling Conference held on 9/13/2022. (Court Reporter: None Present, Not on the Record) (SPin)

Sept. 13, 2022

Sept. 13, 2022

PACER
16

SCHEDULING ORDER: Interim Status Conference set for 11/28/2022 at 4:00 PM; Discovery due by 1/23/2023; Dispositive Motion Cut-off set for 2/10/2023; Final Pretrial Conference set for 10/4/2023 at 3:30 PM; Jury Trial set for 10/17/2023 at 8:30 AM before District Judge David M. Lawson. Signed by District Judge David M. Lawson. (Refer to image for additional dates) (SPin) (Entered: 09/14/2022)

Sept. 13, 2022

Sept. 13, 2022

PACER
17

NOTICE of Appearance by Kenneth B. Chapie on behalf of All Defendants. (Chapie, Kenneth) (Entered: 09/27/2022)

Sept. 27, 2022

Sept. 27, 2022

PACER
18

NOTICE of Appearance by Timothy J. Mullins on behalf of All Defendants. (Mullins, Timothy) (Entered: 09/27/2022)

Sept. 27, 2022

Sept. 27, 2022

PACER

Set Deadlines/Hearings

Nov. 17, 2022

Nov. 17, 2022

PACER

Set Deadlines/Hearings: Interim Status Conference reset for 12/5/2022 at 10:00 AM before District Judge David M. Lawson. (SPin)

Nov. 17, 2022

Nov. 17, 2022

PACER
19

ORDER of Referral to Facilitative Mediation. Post ADR Status Conference set for 2/13/2023 at 2:30 PM before District Judge David M. Lawson. Signed by District Judge David M. Lawson. (SPin) (Entered: 11/18/2022)

Nov. 18, 2022

Nov. 18, 2022

PACER
20

MOTION TO EXTEND re 19 Order, Set Deadlines/Hearings by All Defendants. (Comstock, Travis) (Entered: 01/04/2023)

Jan. 4, 2023

Jan. 4, 2023

PACER
21

ORDER Granting 20 MOTION TO EXTEND Certain Deadlines. Signed by District Judge David M. Lawson. (SPin) (Entered: 01/18/2023)

Jan. 18, 2023

Jan. 18, 2023

PACER

Set Deadlines/Hearings: Post ADR Status Conference reset for 3/21/2023 at 3:00 PM before District Judge David M. Lawson. (SPin)

Feb. 7, 2023

Feb. 7, 2023

PACER

Set Deadlines/Hearings

Feb. 7, 2023

Feb. 7, 2023

PACER

Set Deadlines/Hearings: IN PERSON Post ADR Status Conference set for 3/21/2023 at 3:00 PM before District Judge David M. Lawson. (SPin)

Feb. 7, 2023

Feb. 7, 2023

PACER

Set Deadlines/Hearings

March 14, 2023

March 14, 2023

PACER

Set Deadlines/Hearings: IN PERSON Post ADR Status Conference RESET for 5/11/2023 10:00 AM before District Judge David M. Lawson. (KSan)

March 14, 2023

March 14, 2023

PACER
22

MOTION TO EXTEND filing of MSJ re 21 Order on Motion to Extend by All Defendants. (Comstock, Travis) (Entered: 03/27/2023)

March 27, 2023

March 27, 2023

PACER
23

RESPONSE to 22 MOTION TO EXTEND filing of MSJ re 21 Order on Motion to Extend filed by All Plaintiffs. (Thomas, Sarah) (Entered: 03/30/2023)

March 30, 2023

March 30, 2023

PACER
24

RESPONSE to 22 MOTION TO EXTEND filing of MSJ re 21 Order on Motion to Extend filed by All Plaintiffs. (Thomas, Sarah) (Entered: 03/30/2023)

March 30, 2023

March 30, 2023

PACER
25

REPLY to Response re 22 MOTION TO EXTEND filing of MSJ re 21 Order on Motion to Extend filed by All Defendants. (Comstock, Travis) (Entered: 03/31/2023)

March 31, 2023

March 31, 2023

PACER
26

ORDER Granting in Part 22 SECOND MOTION TO EXTEND Dispositive Motion Filing Deadline. Signed by District Judge David M. Lawson. (SPin) (Entered: 04/06/2023)

April 5, 2023

April 5, 2023

PACER

Set/Reset Scheduling Order Deadlines

April 14, 2023

April 14, 2023

PACER

Set/Reset Scheduling Order Deadlines: Jury Trial reset for 10/18/2023 at 8:30 AM before District Judge David M. Lawson. (SPin)

April 14, 2023

April 14, 2023

PACER
27

MOTION for Summary Judgment by All Defendants. (Chapie, Kenneth) (Entered: 04/18/2023)

April 18, 2023

April 18, 2023

RECAP
28

INDEX of Exhibits re 27 MOTION for Summary Judgment by All Defendants (Chapie, Kenneth) (Entered: 04/18/2023)

April 18, 2023

April 18, 2023

PACER
29

EXHIBIT 1.Dear Colleague Letter on The Nondiscriminatory Administration of School Discipline dated January 8, 2014 re 28 Exhibit Index by All Defendants (Attachments: # 1 Exhibit 2.State of Michigan, State Board of Education Resolution on Dignity in Schools dated March 12, 2019, # 2 Exhibit 3.Joint Letter from State Attorney Generals to the Secretary of Education and U.S. Attorney General Regarding Discrimination in School Discipline dated May 24, 2021, # 3 Exhibit 4.Letter from Attorney General Dana Nessel to Michigan Public School, # 4 Exhibit 5.Croswell-Lexington Community Schools Board of Education Bylaws and Board Policies, # 5 Exhibit 6.Lisa Burns Deposition Transcript, # 6 Exhibit 7.Plaintiff C.M. Deposition Transcript, # 7 Exhibit 8.Plaintiff Robert Malick Deposition Transcript, # 8 Exhibit 9.Relevant Documents from September 4, 2019 Incident, # 9 Exhibit 10. Relevant Documents from the January 22, 2020 Incident) (Chapie, Kenneth) (Entered: 04/18/2023)

April 18, 2023

April 18, 2023

PACER
30

EXHIBIT 11. Ryan Eugster Deposition Transcript re 29 Exhibit,,, by All Defendants (Attachments: # 1 Exhibit 12.Relevant Documents from March 5, 2020 Incident, # 2 Exhibit 13.Bethany Davis Deposition Transcript, # 3 Exhibit 14.Plaintiff April Malick Deposition Transcript, # 4 Exhibit 15.Notes from March 9, 2020 Meeting, # 5 Exhibit 16.Daniel Gilbertson Deposition Transcript, # 6 Exhibit 17.Email from Mr. Malick to Ms. Davis dated October 6, 2020, # 7 Exhibit 18.Email from Mr. Malick to Superintendent Gilbertson dated June 11, 2021, # 8 Exhibit 19.Email from Superintendent Gilbertson to Mr. Malick dated June 30, 2021, # 9 Exhibit 20.Email from Superintendent Gilbertson to Mr. Malick dated June 30, 2021) (Chapie, Kenneth) (Entered: 04/18/2023)

April 18, 2023

April 18, 2023

PACER
31

EXHIBIT 21.Melody Mills Deposition Transcript re 28 Exhibit Index by All Defendants (Attachments: # 1 Exhibit 22.Email from Mr. Malick to Mr. Wood dated October 4, 2021, # 2 Exhibit 23.Relevant Documents relating to the October 4, 2021 and October 6, 2021 Reports, # 3 Exhibit 24.Mr. Malick email to Ms. Burns dated October 6, 2021, # 4 Exhibit 25.Notes from October 8, 2021 Telephone Conference and Screenshots of Civics from Snapchat Group, # 5 Exhibit 26.Police Report filed by the District about Civics Snapchat Group Regarding Potential Threat, # 6 Exhibit 27.The Districts Investigation and Response to TWs use of n word in Snapchat Group, # 7 Exhibit 28.October 26, 2021 Email from Mr. Malick Containing Handwritten Report about 6th Hour and the Documents Related the Districts Response, # 8 Exhibit 29.Relevant Documents Related to the October 27, 2021 Plaintiffs Report about AG, # 9 Exhibit 30.Lisa Burns Email to Dan Gilbertson dated October 11, 2021) (Chapie, Kenneth) (Entered: 04/18/2023)

April 18, 2023

April 18, 2023

PACER
32

EXHIBIT 31.Relevant Documents Related to the October 29, 2021 Report re 28 Exhibit Index by All Defendants (Attachments: # 1 Exhibit 32.Meeting Notes from November 1, 2021 meeting with the Malicks and Mr. Watkins from the NAACP, # 2 Exhibit 33.Meeting Minutes from Student Advisory Group November 2, 2021) (Chapie, Kenneth) (Entered: 04/18/2023)

April 18, 2023

April 18, 2023

PACER
33

EXHIBIT 34.Superintendent Gilbertson Letter to Staff dated November 12, 2021 re 28 Exhibit Index by All Defendants (Chapie, Kenneth) (Entered: 04/18/2023)

April 18, 2023

April 18, 2023

PACER
34

EXHIBIT 35.Meeting Minutes and Bord Resolution from November 15, 2021 Board Meeting re 28 Exhibit Index by All Defendants (Chapie, Kenneth) (Entered: 04/18/2023)

April 18, 2023

April 18, 2023

PACER
35

EXHIBIT 36.Relevant Documents Related to the November 8, 2021 Report re 28 Exhibit Index by All Defendants (Chapie, Kenneth) (Entered: 04/18/2023)

April 18, 2023

April 18, 2023

PACER
36

EXHIBIT 37.Relevant Documents Related to the November 19, 2021 Report re 28 Exhibit Index by All Defendants (Attachments: # 1 Exhibit 38.Relevant Documents Related to the November 26, 2021 Report, # 2 Exhibit 39.Relevant Documents Related to Mr. Malicks December 7, 2021 Report, # 3 Exhibit 40.Reports regarding Plaintiff Hitting SS and Threatening to Slap WA, # 4 Exhibit 41.Relevant Documents Related to the December 7, 2021 Report of Plaintiff saying the n Word, # 5 Exhibit 42.Donna Barrier Deposition Transcript, # 6 Exhibit 43.Email to District Staff Regarding New SafeSchool Training Courses dated December 9, 2021, # 7 Exhibit 44.Training Record, # 8 Exhibit 45.Correspondence from Supt. Gilbertson to Cros-Lex Families dated November 18, 2021, # 9 Exhibit 46. Habitudes Program Documents, # 10 Exhibit 47.Principal Wood Letter to Civics Class dated December 1, 2021, # 11 Exhibit 48.Student Handbook and Student Handbook Acknowledgement Form, # 12 Exhibit 49.Declaration of Kyle Wood) (Chapie, Kenneth) (Entered: 04/18/2023)

April 18, 2023

April 18, 2023

PACER
37

MOTION for Leave to File Excess Pages re MSJ by All Defendants. (Chapie, Kenneth) (Entered: 04/18/2023)

April 18, 2023

April 18, 2023

PACER
38

Amended MOTION for Leave to File Excess Pages FOR BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT by All Defendants. (Chapie, Kenneth) (Entered: 04/19/2023)

April 19, 2023

April 19, 2023

PACER
39

RESPONSE to 38 Amended MOTION for Leave to File Excess Pages FOR BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT filed by All Plaintiffs. (Attachments: # 1 Exhibit A - 4.19.23 Email From Defs) (Thomas, Sarah) (Entered: 04/20/2023)

April 20, 2023

April 20, 2023

PACER
40

ORDER Granting 37, 38 Motion for Leave to File Excess Pages. Signed by District Judge David M. Lawson. (SPin) (Entered: 04/20/2023)

April 20, 2023

April 20, 2023

PACER
41

NOTICE of Appearance by Annabel F. Shea on behalf of All Defendants. (Shea, Annabel) (Entered: 04/20/2023)

April 20, 2023

April 20, 2023

PACER
42

MOTION for Extension of Time to File Response/Reply by All Plaintiffs. (Attachments: # 1 Exhibit 4.26.23 Email w Defs) (Thomas, Sarah) (Entered: 04/26/2023)

April 26, 2023

April 26, 2023

PACER
43

ORDER Granting 42 MOTION for Extension of Time to File Response. Response due by 5/23/2023. Signed by District Judge David M. Lawson. (SPin) (Entered: 04/28/2023)

April 26, 2023

April 26, 2023

PACER
44

STIPULATION to adjourn the May 11, 2023 status conference by All Plaintiffs (Thomas, Sarah) (Entered: 04/28/2023)

April 28, 2023

April 28, 2023

PACER

Text-Only Notice of Hearing Cancelled

May 3, 2023

May 3, 2023

PACER

TEXT-ONLY NOTICE: Status Conference on 5/11/2023 is Cancelled. (SPin)

May 3, 2023

May 3, 2023

PACER
45

NOTICE OF IN PERSON HEARING on 27 MOTION for Summary Judgment. Motion Hearing set for 9/14/2023 at 2:00 PM before District Judge David M. Lawson. (SPin) (Entered: 05/05/2023)

May 5, 2023

May 5, 2023

PACER
46

Second MOTION for Extension of Time to File Response/Reply by All Plaintiffs. (Gordon, Deborah) (Entered: 05/23/2023)

May 23, 2023

May 23, 2023

PACER
47

ORDER Granting 46 Motion for Extension of Time to File Response to Motion for Summary Judgment. Response due by 5/25/2023. Signed by District Judge David M. Lawson. (SPin) (Entered: 05/24/2023)

May 23, 2023

May 23, 2023

PACER
48

Third MOTION for Extension of Time to File Response/Reply by All Plaintiffs. (Gordon, Deborah) (Entered: 05/25/2023)

May 25, 2023

May 25, 2023

PACER
49

RESPONSE to 27 MOTION for Summary Judgment filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Donna Barrier Deposition Transcript, # 3 Exhibit B- Lisa Burns Deposition Transcript, # 4 Exhibit C- Bethany Davis Transcript, # 5 Exhibit D- Ryan Eugster Deposition transcript, # 6 Exhibit E- Dan Gilbertson Deopsition Transcript, # 7 Exhibit F- Katie Gordon Deposition Transcript, # 8 Exhibit G- April Malick Deposition Transcript, # 9 Exhibit H- C.M. Deposition Transcript, # 10 Exhibit I- Robert Malick Deposition Transcript, # 11 Exhibit J- Melody Mills Deposition Transcript, # 12 Exhibit K- Kyle Wood Deposition Transcript, # 13 Exhibit L- Affidavit of C.M., # 14 Exhibit M- Affidavit of April Malick, # 15 Exhibit N- Affidavit of E.F., # 16 Exhibit O- Affidavit of J.B., # 17 Exhibit P- Affidavit of K.B., # 18 Exhibit Q- Affidavit of Kevin Watkins, # 19 Exhibit R- Affidavit of Sara Coronado, # 20 Exhibit S- Statement from Amber Ramos, # 21 Exhibit T- Scott Coats Investigation Documents, # 22 Exhibit U- Heather Shanks Messages to April Malick, # 23 Exhibit V- Police Report Against S.S., # 24 Exhibit W- Police Report Against S.D, # 25 Exhibit X- Defendants Response to Plaintiffs 1st Requests for Production of Documents, # 26 Exhibit Y- 3/9/2020 Parents Meeting Notes, # 27 Exhibit Z- 3/6/2020 Jessica Dunsmore Email to Bethany Davis re: Careers Class) (Gordon, Deborah) (Entered: 05/26/2023)

May 26, 2023

May 26, 2023

PACER
50

EXHIBIT re 49 Response to Motion,,,,, by All Plaintiffs (Attachments: # 1 Exhibit BB- Email from Student P.S., # 2 Exhibit CC- Email from Robert Malick to Shelly OVell re: 3 Years of Racism, # 3 Exhibit DD- Robert Malicks Email Complaints about Staff, # 4 Exhibit EE- Robert Malicks Notes on Bullying Incidents, # 5 Exhibit FF- Robert Malicks Emails re: C.M. Hair Comments, # 6 Exhibit GG- Dan Gilbertsons Board Notes, # 7 Exhibit HH- Meeting Notes, # 8 Exhibit II- Malick Meeting Notes, # 9 Exhibit JJ- Robert Malick Email Request for Meeting, # 10 Exhibit KK- Parents Meeting Notes, # 11 Exhibit LL- Reports of Students Retaliating against C.M., # 12 Exhibit MM- Robert Malick Email; C.M. told that M&Ms are white, # 13 Exhibit NN- Handwritten Notes of Malick Meeting, # 14 Exhibit OO- Board Meeting Transcript, # 15 Exhibit PP- Robert Malick Email to Dan Gilbertson, # 16 Exhibit QQ- Email from A.D. to C.M., # 17 Exhibit RR- Notes on Discrimination Video and PowerPoint, # 18 Exhibit SS- District Communication on Non-Discrimination, # 19 Exhibit TT- Email from April Malick, # 20 Exhibit UU- June 2022 Email on Optional Diversity Training, # 21 Exhibit VV- CLS Reports of Discrimination, # 22 Exhibit WW- Kyle Wood and Lisa Burns Notes of J.P. Interview, # 23 Exhibit XX- M.G. Interview Notes about J.P, # 24 Exhibit YY- Email to Officer Wurmlinger, # 25 Exhibit ZZ- Email on C.M. Mental Health) (Gordon, Deborah) (Entered: 05/26/2023)

May 26, 2023

May 26, 2023

PACER
51

EXHIBIT re 49 Response to Motion,,,,, by All Plaintiffs (Attachments: # 1 Exhibit BBB- A.G. Suspension Documents, # 2 Exhibit CCC- A.K. Suspension Documents, # 3 Exhibit DDD- A.M. Suspension Documents, # 4 Exhibit EEE- A.S. Suspension Documents, # 5 Exhibit FFF- B.B. Suspension Documents, # 6 Exhibit GGG- B.R. Suspension Documents, # 7 Exhibit HHH- D.P. Suspension Documents, # 8 Exhibit III- G.S. Suspension Documents, # 9 Exhibit JJJ- H.P. Suspension Documents, # 10 Exhibit KKK- J.S. Suspension Documents, # 11 Exhibit LLL- L.W. and S.R. Suspension Documents, # 12 Exhibit MMM- S.S. Suspension Documents, # 13 Exhibit NNN- T.W. Suspension Documents, # 14 Exhibit OOO- Complaint about G.D., # 15 Exhibit PPP- D.G. Suspension Documents, # 16 Exhibit QQQ- A.J. Suspension Documents, # 17 Exhibit RRR- A.W. Suspension Documents, # 18 Exhibit SSS- D.F Suspension Documents, # 19 Exhibit TTT- D.P. Suspension Documents, # 20 Exhibit UUU- D.S. Suspension Documents, # 21 Exhibit VVV- H.C. Suspension Documents, # 22 Exhibit WWW- I.T. Suspension Documents, # 23 Exhibit XXX- J.G. Suspension Documents, # 24 Exhibit YYY- M.S. Suspension Documents, # 25 Exhibit ZZZ- T.T. Suspension Documents) (Gordon, Deborah) (Entered: 05/26/2023)

May 26, 2023

May 26, 2023

PACER
52

EXHIBIT re 49 Response to Motion,,,,, by All Plaintiffs (Attachments: # 1 Exhibit BBBB- P.H. Suspension Documents, # 2 Exhibit CCCC- S.D. Suspension Documents, # 3 Exhibit DDDD- T.D. Suspension Documents, # 4 Exhibit EEEE- Board of Education Policy on Discrimination, # 5 Exhibit FFFF- High School Enrollment Form, # 6 Exhibit GGGG- C.M. Powerlifting Roster Exclusion, # 7 Exhibit HHHH- Secondary School Handbook 2021-2022, # 8 Exhibit IIII- Skyward Discipline Report Examples, # 9 Exhibit JJJJ- State of Michigan Report on Race Discrimination, # 10 Exhibit KKKK- Teacher Training Attendance Records, # 11 Exhibit LLLL- CrosLex Board Policies and Bylaws, # 12 Exhibit MMMM- B.A. Suspension Documents, # 13 Exhibit NNNN- B.J. Suspension Documents, # 14 Exhibit OOOO- B.J. Suspension Documents, # 15 Exhibit PPPP- B.N. Suspension Documents, # 16 Exhibit QQQQ- C.P. Suspension Documents, # 17 Exhibit RRRR- C.S. Suspension Documents, # 18 Exhibit SSSS- E.L. Suspension Documents, # 19 Exhibit TTTT- G.P. Suspension Documents, # 20 Exhibit UUUU- J.S. Suspension Documents, # 21 Exhibit VVVV- J.W. Suspension Documents, # 22 Exhibit WWWW- K.M. Suspension Documents, # 23 Exhibit XXXX- T.B. Suspension Documents, # 24 Exhibit YYYY- W.W. Suspension Documents, # 25 Exhibit ZZZZ- J.M. Suspension Documents) (Gordon, Deborah) (Entered: 05/26/2023)

May 26, 2023

May 26, 2023

PACER
53

EXHIBIT re 49 Response to Motion,,,,, by All Plaintiffs (Attachments: # 1 Exhibit BBBBB- C.V. Suspension Documents, # 2 Exhibit CCCCC- Message from Jeff to April Malick, # 3 Exhibit DDDDD- Email from Rob Malick to Bridgid vanHowe) (Gordon, Deborah) (Entered: 05/26/2023)

May 26, 2023

May 26, 2023

PACER
54

ORDER Granting Plaintiffs' Third 48 Motion for Extension of Time to File Response. Response due by 5/26/2023. Signed by District Judge David M. Lawson. (SPin) (Entered: 05/30/2023)

May 30, 2023

May 30, 2023

PACER
55

AMENDED 49 Response to Motion,,,,, by All Plaintiffs (Gordon, Deborah) (Entered: 05/31/2023)

May 31, 2023

May 31, 2023

PACER
56

NOTICE by All Plaintiffs 26(a)(3) Pretrial Disclosures (Gordon, Deborah) (Entered: 06/01/2023)

June 1, 2023

June 1, 2023

PACER
57

NOTICE by All Defendants FRCP 26(a)(3) Pre-Trial Disclosures (Comstock, Travis) (Entered: 06/01/2023)

June 1, 2023

June 1, 2023

PACER
58

MOTION for Extension of Time to File Response/Reply as to 49 Response to Motion,,,,, by All Defendants. (Comstock, Travis) (Entered: 06/05/2023)

June 5, 2023

June 5, 2023

PACER
59

ORDER Granting 58 Motion for Extension of Time to File Reply re 27 MOTION for Summary Judgment. Reply due by 6/23/2023. Signed by District Judge David M. Lawson. (SPin) (Entered: 06/07/2023)

June 6, 2023

June 6, 2023

PACER
60

REPLY to Response re 27 MOTION for Summary Judgment filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 50.Emergency Information and Acknowledgement Form, # 3 Exhibit 51.Mr. Malick Email dated October 6, 2020, # 4 Exhibit 52.Education Week Article Regarding Social Emotional Learning dated December 13, 2021, # 5 Exhibit 53.Plaintiffs Initial Disclosures, # 6 Exhibit 54.Plaintiffs Responses to Defendants First Set of Interrogatories and Requests for Production of Documents) (Mullins, Timothy) (Entered: 06/23/2023)

June 23, 2023

June 23, 2023

PACER
61

MOTION for Leave to File Excess Pages by All Defendants. (Mullins, Timothy) (Entered: 06/23/2023)

June 23, 2023

June 23, 2023

PACER
62

ORDER Granting 61 Motion for Leave to File Excess Pages. Signed by District Judge David M. Lawson. (SPin) (Entered: 06/26/2023)

June 26, 2023

June 26, 2023

PACER
63

ORDER ADJOURNING HEARING ON 27 MOTION for Summary Judgment and Adjourning Trial and Pretrial Deadlines. Motion Hearing reset for 11/8/2023 at 2:00 PM; Final Pretrial Conference reset for 3/19/2024 at 3:00 PM; Jury Trial reset for 4/2/2024 at 8:30 AM before District Judge David M. Lawson. Signed by District Judge David M. Lawson. (SPin) (Entered: 08/30/2023)

Aug. 30, 2023

Aug. 30, 2023

PACER

Set Motion and R&R Deadlines/Hearings

Nov. 3, 2023

Nov. 3, 2023

PACER

Set/Reset Hearing as to 27 MOTION for Summary Judgment. Motion Hearing reset for 12/19/2023 at 11:00 AM before District Judge David M. Lawson. (SPin)

Nov. 3, 2023

Nov. 3, 2023

PACER
64

MOTION to Adjourn 63 Order,, Set Motion and R&R Deadlines/Hearings,, Set Scheduling Order Deadlines, re adjourn trial by All Defendants. (Mullins, Timothy) (Entered: 11/15/2023)

Nov. 15, 2023

Nov. 15, 2023

PACER
65

NOTICE OF IN PERSON HEARING on 64 MOTION to Adjourn Trial. Motion Hearing set for 12/19/2023 at 11:00 AM before District Judge David M. Lawson. (SPin) (Entered: 11/17/2023)

Nov. 17, 2023

Nov. 17, 2023

PACER

Motion Hearing

Dec. 19, 2023

Dec. 19, 2023

PACER

Minute Entry for in-person proceedings before District Judge David M. Lawson: Motion Hearing held on 12/19/2023: 64 MOTION to Adjourn Scheduling Order Deadlines - Granted, 27 MOTION for Summary Judgment - Taken Under Advisement. (Court Reporter: Timothy Floury) (SPin)

Dec. 19, 2023

Dec. 19, 2023

PACER
66

ORDER Granting 64 Motion to Adjourn Dates. Signed by District Judge David M. Lawson. (SPin) (Entered: 12/19/2023)

Dec. 19, 2023

Dec. 19, 2023

PACER
67

OPINION AND ORDER GRANTING DEFENDANTS MOTION FOR SUMMARY JUDGMENT Signed by District Judge David M. Lawson. (NAhm) (Entered: 02/20/2024)

Feb. 20, 2024

Feb. 20, 2024

Clearinghouse
68

JUDGMENT Signed by District Judge David M. Lawson. (NAhm) (Entered: 02/20/2024)

Feb. 20, 2024

Feb. 20, 2024

PACER
69

NOTICE OF APPEAL by All Plaintiffs. Receipt No: AMIEDC-9683174 - Fee: $ 605 - Fee Status: Fee Paid. (Gordon, Deborah) (Entered: 02/22/2024)

Feb. 22, 2024

Feb. 22, 2024

RECAP
70

Certificate of Service re 69 Notice of Appeal. (LGra) (Entered: 02/23/2024)

Feb. 23, 2024

Feb. 23, 2024

PACER
71

NOTICE by All Plaintiffs Order of Transcript for Appeal (Gordon, Deborah) (Entered: 03/13/2024)

March 13, 2024

March 13, 2024

PACER
72

TRANSCRIPT of Motion for Summary Judgment held on 12/19/2023. (Court Reporter/Transcriber: Timothy Floury) (Number of Pages: 48) (Appeal Purposes) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 4/17/2024. Redacted Transcript Deadline set for 4/29/2024. Release of Transcript Restriction set for 6/25/2024. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Floury, Timothy) (Entered: 03/27/2024)

March 27, 2024

March 27, 2024

PACER
73

MOTION for Withdrawal of Attorney Molly Savage by All Plaintiffs. (Gordon, Deborah) (Entered: 04/11/2024)

April 11, 2024

April 11, 2024

RECAP
74

ORDER granting 73 Motion to Withdraw as Attorney.. Signed by District Judge David M. Lawson. (DAll) (Entered: 04/30/2024)

April 30, 2024

April 30, 2024

PACER
75

ORDER from U.S. Court of Appeals - Sixth Circuit re 69 Notice of Appeal filed by Rob Malick, April Malick, CM [Appeal Case Number 24-1147] (MCho) (Entered: 08/20/2024)

Aug. 19, 2024

Aug. 19, 2024

Clearinghouse
76

ORDER from U.S. Court of Appeals - Sixth Circuit re 69 Notice of Appeal filed by Rob Malick, April Malick, CM [Appeal Case Number 24-1147] (CShr) (Entered: 12/11/2024)

Dec. 10, 2024

Dec. 10, 2024

Clearinghouse

Case Details

State / Territory: Michigan

Case Type(s):

Education

Key Dates

Filing Date: May 23, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Parents of a student enrolled in the Croswell-Lexington School District in Michigan

Attorney Organizations:

ACLU of Michigan

Public Justice

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Croswell-Lexington Board of Education (Sanilac), School District

Croswell-Lexington District Schools (Sanilac), School District

Defendant Type(s):

Jurisdiction-wide

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

State Anti-Discrimination Law

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Education

Juveniles

School/University policies

Discrimination Area:

Harassment / Hostile Work Environment

Discrimination Basis:

Race discrimination

Affected Race(s):

Black