Case: O.R. v. Greenville County South Carolina

6:25-cv-02599 | U.S. District Court for the District of South Carolina

Filed Date: March 28, 2025

Case Ongoing

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Case Summary

This case challenged the Greenville, South Carolina library system’s alleged purging of positive portrayals of transgender or gender non-conforming people. The plaintiffs were a group of four minors who lived in Greenville, South Carolina and brought their claims through their parents. One of those plaintiffs was a 17-year old transgender boy who represented the “Juvenile & Young Adult Class,” which consisted of all minor, transgender library patrons who lacked adult library cards. Another plaintiff was a 12-year old girl who identified as queer and represented the “Unrestricted Library Card Class,” which consisted of all LGBTQ-identifying library patrons who had adult or juvenile non-restricted library cards. The plaintiffs filed their complaint on March 28, 2025 in the U.S. District Court for the District of South Carolina, and they asked the court to certify both classes under Fed. R. Civ. P. 23(b).

The plaintiffs brought four claims against the defendants, which were Greenville County, South Carolina and two officials of the county’s library system. First, they claimed that two amendments to the library’s collection policy violated the first amendment because they constituted viewpoint-based discrimination. Those amendments provided that books with transitioned or transitioning characters in the children’s and teen’s sections would be moved to the adult sections. Second, the plaintiffs claimed that those same two amendments violated the Equal Protection Clause of the Fourteenth Amendment because they facially classified materials for exclusion based on sex and transgender status. Third, they claimed that the library system’s ongoing custom and practice of suppressing, excluding, relocating, and removing LGBTQ-related materials violated the First Amendment because it constituted viewpoint discrimination. Finally, they claimed that the library’s widespread anti-LGBTQ practices violated the Equal Protection Clause of the Fourteenth Amendment because they subjected LGBTQ patrons to unequal treatment by infringing on their ability to access materials positively reflecting themselves and inflicted dignitary harm and unconstitutional stigma. The plaintiffs sought declaratory and injunctive relief, nominal damages in the amount of $1.00 for each violation of plaintiffs’ constitutional rights, and reasonable costs and attorneys’ fees.

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Summary Authors

Connor Mulvena (4/2/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69812559/parties/or-v-greenville-county-south-carolina/

Judge(s)

Coggins, Donald Cecil (South Carolina)

Attorney for Plaintiff

Block, Joshua A (South Carolina)

Jr, David Allen (South Carolina)

Attorney for Defendant

Coleman, Miles Edward (South Carolina)

Jr, Charles F (South Carolina)

Judge(s)

Coggins, Donald Cecil (South Carolina)

Attorney for Plaintiff

Block, Joshua A (South Carolina)

Jr, David Allen (South Carolina)

Attorney for Defendant

Coleman, Miles Edward (South Carolina)

Jr, Charles F (South Carolina)

Lindemann, Andrew F (South Carolina)

Ozmint, James Nathan (South Carolina)

Riordan, John P (South Carolina)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 6:25-cv-02599	Complaint for Declaratory Judgment, Injunctive Relief, and Nominal Damages O.R. v. Greenville County	March 28, 2025	March 28, 2025 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/69812559/or-v-greenville-county-south-carolina/

Last updated Aug. 15, 2025, 4:24 a.m.

ECF Number	Description	Date	Link Date / Link
4	Summons Issued as to Karen Allen, Greenville County South Carolina, Beverly James. (Attachments: # 1 Summons Greenville County South Carolina, # 2 Summons Karen Allen)(alew) (Entered: 03/28/2025)	March 28, 2025	March 28, 2025 PACER
5	AMENDED COMPLAINT against All Defendants, filed by W.M., Cheryl Rogers, E.G., M.G., O.R., Greg Rogers. Service due by 7/3/2025 (Attachments: # 1 Exhibit A - Collection Policy, # 2 Exhibit B - Library Reconsideration Form, # 3 Exhibit C - Display of Library Materials, # 4 Summons) (Chaney, David) (Entered: 04/04/2025) 1 Exhibit A - Collection Policy View on PACER 2 Exhibit B - Library Reconsideration Form View on PACER 3 Exhibit C - Display of Library Materials View on PACER 4 Summons View on PACER	April 4, 2025	April 4, 2025 PACER
6	Summons Issued as to Greenville County Library System. (alew) (Entered: 04/04/2025)	April 4, 2025	April 4, 2025 RECAP
7	Acceptance of Service - Complaint Served 1 Acceptance of Service -- Greenville County View on PACER	April 24, 2025	April 24, 2025 PACER
8	SUMMONS Returned Executed by W.M., Cheryl Rogers, E.G., M.G., O.R., Greg Rogers. Greenville County South Carolina served on 4/24/2025, answer due 5/15/2025. (Attachments: # 1 Acceptance of Service -- Greenville County)(Chaney, David) Modified on 4/25/2025 to edit text (alew). (Entered: 04/24/2025) 1 Acceptance of Service -- Greenville County View on PACER	April 24, 2025	April 24, 2025 PACER
9	DELETION OF DOCKET ENTRY NUMBER 7 Reason: attorney refiled to make correction. Corrected Filing Document Number 8 . (alew) (Entered: 04/25/2025)	April 25, 2025	April 25, 2025 PACER
	Entry Deletion	April 25, 2025	April 25, 2025 PACER
10	LETTER EXTENDING TIME TO ANSWER Greenville County Library System answer due 6/13/2025; Beverly James answer due 6/13/2025; Karen Allen answer due 6/13/2025. (Attachments: # 1 Exhibit A: correspondence between counsel)(Coleman, Miles) (Entered: 05/15/2025)	May 15, 2025	May 15, 2025 PACER
11	NOTICE of Appearance by Andrew F Lindemann on behalf of Greenville County South Carolina (Lindemann, Andrew) (Entered: 05/15/2025)	May 15, 2025	May 15, 2025 PACER
12	LETTER EXTENDING TIME TO ANSWER Greenville County South Carolina answer due 6/13/2025. (Attachments: # 1 Exhibit A - Email from Plaintiffs' counsel)(Lindemann, Andrew) (Entered: 05/15/2025)	May 15, 2025	May 15, 2025 PACER
13	NOTICE of Request for Protection from Court Appearance by Andrew F Lindemann for July 21, 2025 through August 1, 2025 & August 13, 2025 through August 15, 2025 (Lindemann, Andrew) (Entered: 05/20/2025)	May 20, 2025	May 20, 2025 PACER
14	MOTION to Appear Pro Hac Vice by Joshua Block ( Filing fee $ 350 receipt number ASCDC-12478116) by E.G., M.G., O.R., Cheryl Rogers, Greg Rogers, W.M.. Response to Motion due by 6/6/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Application to Appear Pro Hac Vice, # 2 Supporting Documents Certificate of Good Standing)No proposed order.(Chaney, David) (Main Document 14 replaced on 6/3/2025) (alew). Modified on 6/3/2025 to replace with corrected document provided by filing user (alew). (Entered: 05/23/2025) 1 Supporting Documents Application to Appear Pro Hac Vice View on PACER 2 Supporting Documents Certificate of Good Standing View on PACER	May 23, 2025	May 23, 2025 PACER
15	TEXT ORDER granting 14 Motion to Appear Pro Hac Vice as to Joshua A. Block for the plaintiffs. Signed by Honorable Donald C Coggins, Jr on 6/3/25.(alew) (Entered: 06/03/2025)	June 3, 2025	June 3, 2025 PACER
	Order on Motion to Appear Pro Hac Vice	June 3, 2025	June 3, 2025 PACER
16	Consent MOTION for Extension of Time to File Answer by Karen Allen, Greenville County Library System, Beverly James. Response to Motion due by 6/20/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Coleman, Miles) Modified on 6/9/2025 to correct motion relief (alew). (Entered: 06/06/2025)	June 6, 2025	June 6, 2025 PACER
17	TEXT ORDER granting 16 motion for extension of time. Defendants the Greenville County Library System, Beverly James, and Karen Allen's responsive pleading is due by June 27, 2025. Signed by Honorable Donald C Coggins, Jr on 6/9/25.(alew) (Entered: 06/09/2025)	June 9, 2025	June 9, 2025 PACER
	Order on Motion for Extension of Time to Answer	June 9, 2025	June 9, 2025 PACER
18	ANSWER to 5 Amended Complaint, by Greenville County South Carolina.(Lindemann, Andrew) (Main Document 18 replaced on 6/16/2025) (alew). Modified on 6/16/2025 to replace with corrected document per attorney request (typo, removal of text) (alew). (Entered: 06/13/2025)	June 13, 2025	June 13, 2025 RECAP
19	Local Rule 26.01 Answers to Interrogatories by Greenville County South Carolina.(Lindemann, Andrew) (Entered: 06/13/2025)	June 13, 2025	June 13, 2025 RECAP
20	MOTION to Dismiss for Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim by Karen Allen, Greenville County Library System, Beverly James. Response to Motion due by 7/11/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Coleman, Miles) . Added MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on 7/2/2025; Modified on 7/2/2025 to add motion relief, to correct motion relief (alew) (Entered: 06/27/2025)	June 27, 2025	June 27, 2025 RECAP
21	Local Rule 26.01 Answers to Interrogatories by Karen Allen, Greenville County Library System, Beverly James.(Coleman, Miles) (Entered: 06/27/2025)	June 27, 2025	June 27, 2025 PACER
22	NOTICE of Appearance by Charles F Turner, Jr on behalf of Karen Allen, Greenville County Library System, Beverly James (Turner, Charles) (Main Document 22 replaced on 7/2/2025) (alew). Modified on 7/2/2025 to replace with corrected document provided by filing user (alew). (Entered: 06/30/2025)	June 30, 2025	June 30, 2025 PACER
23	NOTICE of Appearance by James Nathan Ozmint on behalf of Karen Allen, Greenville County Library System, Beverly James (Ozmint, James) (Main Document 23 replaced on 7/2/2025) (alew). Modified on 7/2/2025 to replace with corrected document provided by filing user(alew). (Entered: 06/30/2025)	June 30, 2025	June 30, 2025 PACER
24	NOTICE of Appearance by John P Riordan on behalf of Karen Allen, Greenville County Library System, Beverly James (Riordan, John) (Main Document 24 replaced on 7/7/2025: to replace with corrected document (searchable, converted pdf) as provided by filing user) (kmca). (Entered: 07/01/2025)	July 1, 2025	July 1, 2025 RECAP
25	Consent MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Dismiss for Lack of JurisdictionMOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by E.G., M.G., O.R., Cheryl Rogers, Greg Rogers, W.M.. Response to Motion due by 7/25/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Chaney, David) (Entered: 07/11/2025)	July 11, 2025	July 11, 2025 PACER
26	TEXT ORDER granting 25 motion for extension of time. Plaintiffs' response to the motion to dismiss is due by July 25, 2025. Signed by Honorable Donald C Coggins, Jr on 7/14/25.(alew) (Entered: 07/14/2025)	July 14, 2025	July 14, 2025 PACER
	Order on Motion for Extension of Time to File Response/Reply	July 14, 2025	July 14, 2025 PACER
27	RESPONSE in Opposition re 20 MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response filed by E.G., M.G., O.R., Cheryl Rogers, Greg Rogers, W.M..Reply to Response to Motion due by 8/1/2025 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Chaney, David) (Main Document 27 replaced on 8/8/2025: to replace with corrected document (corrected caption) as provided by filing user) (kmca). (Entered: 07/25/2025)	July 25, 2025	July 25, 2025 PACER
28	MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Dismiss for Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim by Karen Allen, Greenville County Library System, Beverly James. Response to Motion due by 8/13/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Coleman, Miles) (Main Document 28 replaced on 7/30/2025) (alew). Modified on 7/30/2025 to replace with corrected document provided by filing user (alew). Modified on 7/31/2025 to correct linkage (alew). (Entered: 07/30/2025)	July 30, 2025	July 30, 2025 PACER
29	TEXT ORDER granting 28 motion for extension of time. The Library Defendants' reply to the motion to dismiss is due by August 8, 2025. Signed by Honorable Donald C Coggins, Jr on 7/31/25.(alew) (Entered: 07/31/2025)	July 31, 2025	July 31, 2025 PACER
	Order on Motion for Extension of Time to File Response/Reply	July 31, 2025	July 31, 2025 PACER
30	MOTION for Extension of Time to File Response/Reply as to 27 Response in Opposition to Motion, by Karen Allen, Greenville County Library System, Beverly James. Response to Motion due by 8/21/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Coleman, Miles) (Entered: 08/07/2025)	Aug. 7, 2025	Aug. 7, 2025 RECAP
32	TEXT ORDER granting 30 motion for extension of time. The Library Defendants' reply to the motion to dismiss is due by August 15, 2025. Signed by Honorable Donald C Coggins, Jr on 8/8/2025. (alma, ) (Entered: 08/08/2025)	Aug. 8, 2025	Aug. 8, 2025 PACER
	Order on Motion for Extension of Time to File Response/Reply	Aug. 8, 2025	Aug. 8, 2025 PACER

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Case Details

State / Territory: South Carolina

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: March 28, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are a group of minors who brought this suit through their parents. They seek to represent two classes-- one which consists of minor, transgender library patrons without an adult library card and another which consists of all LGBTQ-identifying library patrons with a library card.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Greenville County, South Carolina (Greenville), County

Defendant Type(s):

Jurisdiction-wide