Case: State of Missouri ex rel Hanaway v. Missouri State High School Activities Association

4:26-cv-00171 | U.S. District Court for the Eastern District of Missouri

Filed Date: Feb. 4, 2026

Case Ongoing

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Case Summary

This is a case challenging a provision in the Missouri State High School Activities Association (MSHSAA) Constitution requiring at least two at-large members of its board to be a woman* or an ethnic minority. On February 4, 2026, the State of Missouri filed this lawsuit on behalf of a rejected MSHSAA board candidate in the United States District Court for the Eastern District of Missouri. The State sued the MSHSAA under 42 U.S.C. § 1981, 42 U.S.C. § 1983, the Equal Protection Clause, and Title VII of the Civil Rights Act of 1964 (Title VII). The State sought a declaratory judgment holding the provision unlawful, an injunction preventing the MSHSAA from disqualifying candidates on the basis of race or sex, nominal damages, and attorneys’ fees and costs.

The State alleged that the plaintiff candidate was disqualified from an at-large position on the MSHSAA board due to him being a white, non-Hispanic male, since a majority of the board at that time was white, non-Hispanic, and male. The plaintiffs claimed that the provision facially discriminated against Dr. Johnson in violation of Title VII and that the MSHSAA’s goal of “inclusive representation” is not sufficiently compelling to survive strict scrutiny under the Equal Protection Clause.

The case was assigned to Judge Stephen R. Clark.

On May 13, 2026, the United States intervened in the case, asserting its position that the provision violates the Equal Protection Clause.

The case is ongoing.

*If the majority of the MSHSAA board is female, the policy requires two male at-large board members

Summary Authors

Sam Black (7/21/2026)

Jinan Abufarha (4/12/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72233140/parties/state-of-missouri-ex-rel-hanaway-v-missouri-state-high-school-activities/

Judge(s)

Clark, Stephen Robert (Missouri)

Attorney for Plaintiff

Capozzi, Louis Joseph (Missouri)

Debre, Anthony J. (Missouri)

Dolin, Gregory (Missouri)

Dugan, Ryan (Missouri)

Attorney for Defendant

Judge(s)

Clark, Stephen Robert (Missouri)

Mensah, Shirley P. (Missouri)

Attorney for Plaintiff

Capozzi, Louis Joseph (Missouri)

Debre, Anthony J. (Missouri)

Dolin, Gregory (Missouri)

Dugan, Ryan (Missouri)

Miller, Graham (Missouri)

Seidleck, William James (Missouri)

Attorney for Defendant

Hoernschemeyer, Natalie A. (Missouri)

Schmidt, Katelyn T. (Missouri)

Wiens, Grant D. (Missouri)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 4:26-cv-00171	Complaint State of Missouri v. Missouri State High School	Feb. 4, 2026	Feb. 4, 2026 Complaint
29 4:26-cv-00171	Complaint in Intervention for Declaratory and Injunctive Relief State of Missouri ex rel Hanaway v. Missouri State High School Activities	May 13, 2026	May 13, 2026 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/72233140/state-of-missouri-ex-rel-hanaway-v-missouri-state-high-school-activities/

Last updated Aug. 30, 2026, 3:18 a.m.

Docket for: State of Missouri ex rel Hanaway v. Missouri State High School Activities Association

ECF Number	Date	Description	Link
1	Feb. 4, 2026	COMPLAINT against defendant All Defendants with receipt number AMOEDC-11705281, in the amount of $405 Non-Jury Demand,, filed by State of Missouri ex rel, Merlyn Johnson. (Attachments: # 1 Exhibit A - Official Handbook, # 2 Exhibit B - Auditor Letter, # 3 Exhibit C - MSHSAA FS Final FY19, # 4 Exhibit D - 2023 Executive Job Postings, # 5 Civil Cover Sheet, # 6 Original Filing Form, # 7 Summons)(Capozzi, Louis) (Entered: 02/04/2026) 1 Exhibit A - Official Handbook View on PACER 2 Exhibit B - Auditor Letter View on PACER 3 Exhibit C - MSHSAA FS Final FY19 View on PACER 4 Exhibit D - 2023 Executive Job Postings View on PACER 5 Civil Cover Sheet View on PACER 6 Original Filing Form View on PACER 7 Summons View on PACER	Clearinghouse
2	Feb. 4, 2026	ENTRY of Appearance by Graham Miller for Plaintiffs Merlyn Johnson, State of Missouri ex rel. (Miller, Graham) (Entered: 02/04/2026)	RECAP
3	Feb. 4, 2026	ENTRY of Appearance by William James Seidleck for Plaintiffs Merlyn Johnson, State of Missouri ex rel. (Seidleck, William) (Entered: 02/04/2026)	RECAP
4	Feb. 6, 2026	NOTICE of Filing Deficiency re 1 Complaint,. In accordance with Eastern District of Missouri Local Rules and the Case Management/Electronic Case Filing (CM/ECF) Procedures Manual, a filing deficiency has been identified as follows: Notice of Process Server form not filed. This deficiency must be filed in the case record immediately. (ERR) (Entered: 02/06/2026)	RECAP
5	Feb. 6, 2026	NOTICE OF PROCESS SERVER by Plaintiffs Merlyn Johnson, State of Missouri ex rel Process Server: Action Legal Process Server (Seidleck, William) (Entered: 02/06/2026)	RECAP
	Feb. 6, 2026	Electronic Notice of Filing Deficiency (CSCI)
	Feb. 6, 2026	Case Opening Notification
	Feb. 6, 2026	Case Opening Notification. Judge Assigned: U.S. Magistrate Judge Shirley P. Mensah. 1 Summons(es) issued and emailed to Louis Capozzi, Graham Miller, William Seileck. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click here for the instructions. (ERR)
6	Feb. 9, 2026	CJRA ORDER (NMG). Magistrate Judge Shirley Padmore Mensah termed. Case reassigned to Chief District Judge Stephen R. Clark for all further proceedings (CLH) (Entered: 02/09/2026)	RECAP
7	Feb. 10, 2026	Docket Text ORDER: The Court orders the parties to review and comply with the undersigned's Judge's Requirements, located on the Eastern District of Missouri's court website: Chief Judge Stephen R. Clark's Requirements. The undersigned periodically updates his Judge's Requirements, and the parties must ensure that they are complying with the most recent version before filing any document. Failure to comply with the requirements may result in the imposition of "sanction[s] or other disadvantage." Fed. R. Civ. P. 83(b). Signed by Chief District Judge Stephen R. Clark on 2/10/2026. (CLT) (Entered: 02/10/2026)	RECAP
8	Feb. 10, 2026	ENTRY of Appearance by Louis Joseph Capozzi, III for Plaintiffs Merlyn Johnson, State of Missouri ex rel. (Capozzi, Louis) (Entered: 02/10/2026)	RECAP
9	Feb. 10, 2026	SUMMONS Returned Executed filed by State of Missouri ex rel, Merlyn Johnson. Missouri State High School Activities Association served on 2/9/2026, answer due 3/2/2026. (Seidleck, William) (Entered: 02/10/2026)	RECAP
10	Feb. 10, 2026	ENTRY of Appearance by Natalie A. Hoernschemeyer for Defendant Missouri State High School Activities Association. (Hoernschemeyer, Natalie) (Entered: 02/10/2026)	RECAP
11	Feb. 10, 2026	ENTRY of Appearance by Grant D. Wiens for Defendant Missouri State High School Activities Association. (Wiens, Grant) (Entered: 02/10/2026)	RECAP
	Feb. 10, 2026	A Docket Text Order
12	Feb. 12, 2026	Consent MOTION for Extension of Time to File Answer re 1 Complaint, by Defendant Missouri State High School Activities Association. (Hoernschemeyer, Natalie) (Entered: 02/12/2026)	RECAP
13	Feb. 13, 2026	Docket Text ORDER: Re: 12 Consent MOTION for Extension of Time to File Answer re 1 Complaint, by Defendant Missouri State High School Activities Association; ORDERED GRANTED. Missouri State High School Activities Association answer due 4/16/2026. Signed by Chief District Judge Stephen R. Clark on 2/13/26. (JAB) (Entered: 02/13/2026)	RECAP
	Feb. 13, 2026	A Docket Text Order with Schedules
14	Feb. 27, 2026	DISCLOSURE STATEMENT by Missouri State High School Activities Association. No corporate parents or affiliates identified. (Wiens, Grant) (Entered: 02/27/2026)	RECAP
15	April 2, 2026	ENTRY of Appearance by Anthony J. Debre for Intervenor Plaintiff United States of America. (Debre, Anthony) (Entered: 04/02/2026)	RECAP
16	April 2, 2026	MOTION to Intervene by Intervenor Plaintiff United States of America. (Debre, Anthony) (Entered: 04/02/2026)	RECAP
17	April 2, 2026	MEMORANDUM in Support of Motion re 16 MOTION to Intervene filed by Intervenor Plaintiff United States of America. (Attachments: # 1 Exhibit 1 - Complaint in Intervention, # 2 Exhibit 2 - Certification for Intervention)(Debre, Anthony) (Entered: 04/02/2026) 1 Exhibit 1 - Complaint in Intervention View on PACER 2 Exhibit 2 - Certification for Intervention View on PACER	RECAP
18	April 6, 2026	ENTRY of Appearance by Gregory Dolin for Intervenor Plaintiff United States of America. (Dolin, Gregory) (Entered: 04/06/2026)	RECAP
19	April 7, 2026	ENTRY of Appearance by Katelyn T. Schmidt for Defendant Missouri State High School Activities Association. (Schmidt, Katelyn) (Entered: 04/07/2026)	RECAP
20	April 14, 2026	Joint MOTION for Leave to File in Excess of Fifteen Pages and for Extension of Time to File Response and Reply by Defendant Missouri State High School Activities Association. (Hoernschemeyer, Natalie) (Entered: 04/14/2026)	RECAP
21	April 15, 2026	Docket Text ORDER: The Court grants 20 Joint MOTION for Leave to File in Excess of Fifteen Pages and for Extension of Time to File Response and Reply. Signed by Chief District Judge Stephen R. Clark on 4/15/2026. (LNS) (Entered: 04/15/2026)	RECAP
	April 15, 2026	A Docket Text Order
22	April 16, 2026	MOTION to Dismiss Case for Improper Venue or in the Alternative to Transfer, to Dismiss for Lack of Subject Matter Jurisdiction, and to Dismiss for Failure to State a Claim by Defendant Missouri State High School Activities Association. (Wiens, Grant) (Entered: 04/16/2026)	RECAP
23	April 16, 2026	MEMORANDUM in Support of Motion re 22 MOTION to Dismiss Case for Improper Venue or in the Alternative to Transfer, to Dismiss for Lack of Subject Matter Jurisdiction, and to Dismiss for Failure to State a Claim filed by Defendant Missouri State High School Activities Association. (Attachments: # 1 Exhibit 1 Affidavit of Jen Rukstad, # 2 Exhibit 2 Official Handbook, # 3 Exhibit 3 Board Minutes, # 4 Exhibit 4 2004 Jan Area Mtg Report, # 5 Exhibit 5 2004 Annual Questionnaire, # 6 Exhibit 6 2004 Ballot and Results)(Wiens, Grant) (Entered: 04/16/2026) 1 Exhibit 1 Affidavit of Jen Rukstad View on PACER 2 Exhibit 2 Official Handbook View on PACER 3 Exhibit 3 Board Minutes View on PACER 4 Exhibit 4 2004 Jan Area Mtg Report View on PACER 5 Exhibit 5 2004 Annual Questionnaire View on PACER 6 Exhibit 6 2004 Ballot and Results View on PACER	RECAP
24	April 16, 2026	RESPONSE to Motion re 16 MOTION to Intervene filed by Defendant Missouri State High School Activities Association. (Wiens, Grant) (Entered: 04/16/2026)	RECAP
25	April 22, 2026	REPLY to Response to Motion re 16 MOTION to Intervene filed by Intervenor Plaintiff United States of America. (Dolin, Gregory) (Entered: 04/22/2026)	RECAP
26	May 7, 2026	MEMORANDUM in Opposition re 22 MOTION to Dismiss Case for Improper Venue or in the Alternative to Transfer, to Dismiss for Lack of Subject Matter Jurisdiction, and to Dismiss for Failure to State a Claim filed by Plaintiff State of Missouri ex rel. (Capozzi, Louis) (Entered: 05/07/2026)	RECAP
27	May 13, 2026	ENTRY of Appearance by Ryan Dugan for Plaintiffs Merlyn Johnson, State of Missouri ex rel. (Dugan, Ryan) (Entered: 05/13/2026)	RECAP
28	May 13, 2026	ORDER: Accordingly, the Court grants the United States' 16 Motion. The Court directs the Clerk of Court to separately docket the United States' Complaint in Intervention. Doc. 17-1. Signed by Chief District Judge Stephen R. Clark on 5/13/26. (JAB) (Entered: 05/13/2026)	RECAP
29	May 13, 2026	Intervenor COMPLAINT filed by United States of America.(JAB) (Entered: 05/13/2026)	Clearinghouse
30	May 22, 2026	REPLY to Response to Motion re 22 MOTION to Dismiss Case for Improper Venue or in the Alternative to Transfer, to Dismiss for Lack of Subject Matter Jurisdiction, and to Dismiss for Failure to State a Claim filed by Defendant Missouri State High School Activities Association. (Hoernschemeyer, Natalie) (Entered: 05/22/2026)	RECAP
31	May 29, 2026	MOTION to Stay by Defendant Missouri State High School Activities Association. (Wiens, Grant) (Entered: 05/29/2026)	RECAP
32	May 29, 2026	MEMORANDUM in Support of Motion re 31 MOTION to Stay filed by Defendant Missouri State High School Activities Association. (Wiens, Grant) (Entered: 05/29/2026)	RECAP
33	June 1, 2026	RESPONSE in Opposition re 31 MOTION to Stay filed by Plaintiff State of Missouri ex rel. (Capozzi, Louis) (Entered: 06/01/2026)	RECAP
34	June 3, 2026	MOTION to Dismiss Case of the United States' Complaint for Improper Venue or in the Alternative to Transfer by Defendant Missouri State High School Activities Association. (Hoernschemeyer, Natalie) (Entered: 06/03/2026)	RECAP
35	June 3, 2026	MEMORANDUM in Support of Motion re 34 MOTION to Dismiss Case of the United States' Complaint for Improper Venue or in the Alternative to Transfer filed by Defendant Missouri State High School Activities Association. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Hoernschemeyer, Natalie) (Entered: 06/03/2026)	RECAP
36	June 12, 2026	MEMORANDUM in Opposition re 31 MOTION to Stay filed by Intervenor Plaintiff United States of America. (Dolin, Gregory) (Incorrect document attached; document replaced on 6/12/2026 at the request of counsel) (KXS). Modified on 6/12/2026 (KXS). (Entered: 06/12/2026)	RECAP
37	June 12, 2026	MEMORANDUM in Opposition re 34 MOTION to Dismiss Case of the United States' Complaint for Improper Venue or in the Alternative to Transfer filed by Intervenor Plaintiff United States of America. (Dolin, Gregory) (Entered: 06/12/2026)	RECAP
38	June 22, 2026	REPLY to Response to Motion re 34 MOTION to Dismiss Case of the United States' Complaint for Improper Venue or in the Alternative to Transfer filed by Defendant Missouri State High School Activities Association. (Hoernschemeyer, Natalie) (Entered: 06/22/2026)	RECAP

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Case Details

State / Territory:

Missouri

Case Type(s):

Equal Employment

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations By the Government

Key Dates

Filing Date: Feb. 4, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The named plaintiff, Dr. Merlyn Johnson, is a white, non-Hispanic male who alleges the defendant's hiring policies discriminated against him. The State of Missouri is suing on his behalf, and the United States intervened.

Plaintiff Type(s):

Private Plaintiff

State Plaintiff

U.S. Dept of Justice plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Missouri State High School Activities Association

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1981

42 U.S.C. § 1983

Title VII (including PDA), 42 U.S.C. § 2000e

Constitutional Clause(s):

Equal Protection

Other Dockets:

Eastern District of Missouri 4:26-cv-00171

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Relief Granted:

Source of Relief:

None yet

Issues

Discrimination Area:

Hiring

Discrimination Basis:

Race discrimination

Sex discrimination

Affected Race(s):

White

Affected Sex/Gender(s):

Male

Recommended Citation

Case Summary of State of Missouri ex rel Hanaway v. Missouri State High School Activities Association, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/48077/ (last updated 4/12/2026).