TITLE IX & SEXUAL ASSAULT
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Owens, et al. v. Louisiana State University, et al.
U.S. District Court, Middle District of Louisiana, 2021 Litigation filed on behalf of women and LGBTQ+ individuals who survived sexual assault, sexual harassment, domestic violence, and stalking on campus and were systematically failed by the Louisiana State University Title IX office, athletics department, and administration. The complaint alleges Title IX and other civil rights claims. |
Doe v. Board of Regents of the University of Nebraska, et al.
U.S. District Court, District of Nebraska, 2021
Litigation filed on behalf of a survivor of years-long sexual harassment, stalking by her former advisor, which continued even after she left Nebraska to start her graduate studies over at another institution out of state and which caused significant injury to her reputation and career. The complaint alleges Title IX, breach of contract, and other civil rights and tort claims. On January 5, 2022, the court issued an order denying defendants' motion to dismiss multiple claims, including, importantly, the survivor's claims of violations of her constitutional due process rights. This is an argument made regularly with respect to respondents in Title IX proceedings, but has rarely succeeded when argued on behalf of victims.
Thomas, et al. v. Board of Regents of the University of Nebraska, et al.
U.S. District Court, District of Nebraska, 2020
Litigation filed on behalf of seven female students at the University of Nebraska-Lincoln who were systematically denied their rights in the Title IX reporting and investigation process. The complaint alleges Title IX, breach of contract, and other civil rights and tort claims. The U.S. Department of Justice filed a Statement of Interest in the case on June 11, 2021.
Doe v. Unnamed higher education institution
Confidential presuit settlement negotiated on behalf of a college student who was violently raped by an instructor. The student was subsequently denied due process by the institution, which negotiated a separation agreement with the instructor allowing him to resign without going through the Title IX hearing process.
Doe v. Finneytown Local School District, et al.
U.S. District Court, Southern District of Ohio, 2018
Litigation filed on behalf of a middle school student with a disability who was sexually assaulted, repeatedly sexually harassed, and severely bullied, including being repeatedly told to kill herself, at school. The school failed to initiate an appropriate Title IX response or protect her from her tormentors, leading her to decompensate physically and emotionally until she had to be hospitalized. The complaint alleges Title IX, tort, and other civil rights claims and seeks injunctive relief. On November 16, 2021, the court issued an order denying defendants' motion to dismiss multiple claims, including, most notably, the victim's claim of intentional infliction of emotional distress - a claim that rarely survives a motion to dismiss in a Title IX-related matter. This matter was settled via a confidential settlement agreement.
U.S. District Court, Southern District of Ohio, 2018
Litigation filed on behalf of a middle school student with a disability who was sexually assaulted, repeatedly sexually harassed, and severely bullied, including being repeatedly told to kill herself, at school. The school failed to initiate an appropriate Title IX response or protect her from her tormentors, leading her to decompensate physically and emotionally until she had to be hospitalized. The complaint alleges Title IX, tort, and other civil rights claims and seeks injunctive relief. On November 16, 2021, the court issued an order denying defendants' motion to dismiss multiple claims, including, most notably, the victim's claim of intentional infliction of emotional distress - a claim that rarely survives a motion to dismiss in a Title IX-related matter. This matter was settled via a confidential settlement agreement.
Doe v. Unnamed higher education institution
Complaint filed with the U.S. Department of Education, Office for Civil Rights, with regard to the school's violations of Title IX in its investigation and hearing on Doe's report of sexual assault by another student. The matter was resolved via a settlement agreement between Doe and the school.
EDUCATION & SCHOOLS
T.M. v. Detroit Public Schools Community District
U.S. District Court, Eastern District of Michigan, 2023
Litigation filed on behalf of a disabled former high school student who was denied appropriate special education services and discriminated against based on her disability. After waiting more than 600 days to receive a decision in her special education due process administrative hearing - ten times the statutorily ordered timeline - the hearing officer found that T.M. had not been deprived a free and appropriate public education, despite graduating with the ability to read and do math at third grade levels. Claims include violations of the Individuals with Disabilities Education Act, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and Michigan's Persons with Disabilities Civil Rights Act.
U.S. District Court, Eastern District of Michigan, 2023
Litigation filed on behalf of a disabled former high school student who was denied appropriate special education services and discriminated against based on her disability. After waiting more than 600 days to receive a decision in her special education due process administrative hearing - ten times the statutorily ordered timeline - the hearing officer found that T.M. had not been deprived a free and appropriate public education, despite graduating with the ability to read and do math at third grade levels. Claims include violations of the Individuals with Disabilities Education Act, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and Michigan's Persons with Disabilities Civil Rights Act.
G.T., as Parent and Legal Guardian of Jane Doe, a Minor, v. Walled Lake Consolidated School District, et al.
U.S. District Court, Eastern District of Michigan, 2022
Litigation filed on behalf of a middle school student with disabilities who was repeatedly sexually harassed and stalked by a peer via sexually explicit photographs and text messages sent to her cell phone. After reporting the harassment to her school, which did not respond appropriately, the student's abuser cornered her in a "quiet room" at school. When she tried to defend herself from her abuser, the district suspended her from school without a hearing, causing her to miss months of her education and to need psychiatric hospitalization. Claims include violations of Title IX, Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, the Fourteenth Amendment, and state civil rights laws. This matter was resolved via a confidential settlement agreement.
U.S. District Court, Eastern District of Michigan, 2022
Litigation filed on behalf of a middle school student with disabilities who was repeatedly sexually harassed and stalked by a peer via sexually explicit photographs and text messages sent to her cell phone. After reporting the harassment to her school, which did not respond appropriately, the student's abuser cornered her in a "quiet room" at school. When she tried to defend herself from her abuser, the district suspended her from school without a hearing, causing her to miss months of her education and to need psychiatric hospitalization. Claims include violations of Title IX, Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, the Fourteenth Amendment, and state civil rights laws. This matter was resolved via a confidential settlement agreement.
Doe v. Unnamed public school district
Confidential presuit settlement negotiated on behalf of a nonverbal kindergarten student with a disability who was left alone on a school bus after it was parked in the bus garage for the evening.
Confidential presuit settlement negotiated on behalf of a nonverbal kindergarten student with a disability who was left alone on a school bus after it was parked in the bus garage for the evening.
EMPLOYMENT DISCRIMINATION
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Poitra v. Michigan State University, et al.
U.S. District Court, Western District of Michigan, 2022 Litigation filed on behalf of Dr. Christie Poitra, the Interim Director of the Native American Institute at MSU, who was harassed and retaliated against for years by her direct supervisor before going through an investigation and hearing through MSU's Office for Civil Rights and Title IX Education and Compliance. When the investigation finally concluded, over 500 days after she filed her complaint, MSU found the respondent in violation of University policy for sexually harassing Poitra, but only sanctioned him with four weeks of unpaid leave. After that, Poitra continued to experience retaliation from new supervisors. The complaint alleges violations of Title VII, Title IX, Section 504 of the Rehabilitation Act, Americans with Disabilities Act, and other civil rights claims. |
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Doe v. Unnamed employer
Confidential presuit settlement negotiated on behalf of a worker whose supervisor retaliated against her after she filed an internal grievance against the supervisor for violations of the workplace personnel handbook.
Confidential presuit settlement negotiated on behalf of a worker whose supervisor retaliated against her after she filed an internal grievance against the supervisor for violations of the workplace personnel handbook.
Doe v. Unnamed employer
Confidential presuit settlement negotiated on behalf of a worker whose supervisors attempted to terminate his employment in retaliation for taking Family & Medical Leave Act (FMLA) leave due to mental health-related disabilities.
Confidential presuit settlement negotiated on behalf of a worker whose supervisors attempted to terminate his employment in retaliation for taking Family & Medical Leave Act (FMLA) leave due to mental health-related disabilities.
Doe v. Unnamed employer
Confidential presuit settlement negotiated on behalf of a worker in an abusive romantic relationship with their supervisor who was retaliated against after they ended the relationship and reported the abuse to their employer.
Confidential presuit settlement negotiated on behalf of a worker in an abusive romantic relationship with their supervisor who was retaliated against after they ended the relationship and reported the abuse to their employer.
Doe v. Unnamed employer
Confidential presuit settlement negotiated on behalf of a worker who was subjected to severe sexual harassment by his supervisors and forced to quit after only two months on the job due to the hostile environment.
Confidential presuit settlement negotiated on behalf of a worker who was subjected to severe sexual harassment by his supervisors and forced to quit after only two months on the job due to the hostile environment.
CHILD SEXUAL ABUSE
John Doe EAL1 v. University of Michigan
U.S. District Court, Eastern District of Michigan, 2022
Lawsuit filed on behalf of a survivor of sexual abuse by serial perpetrator Robert Anderson at the University of Michigan. The survivor was a member of the UM football team in the late 1970s and was repeatedly subjected to sexual assault by Anderson during medical appointments, leading to severe lifelong harm including depression, difficulty in romantic and sexual relationships, and shame. The complaint alleges violations of Title IX, the Fourteenth Amendment, Michigan's Elliott-Larsen Civil Rights Act, and tort claims.
U.S. District Court, Eastern District of Michigan, 2022
Lawsuit filed on behalf of a survivor of sexual abuse by serial perpetrator Robert Anderson at the University of Michigan. The survivor was a member of the UM football team in the late 1970s and was repeatedly subjected to sexual assault by Anderson during medical appointments, leading to severe lifelong harm including depression, difficulty in romantic and sexual relationships, and shame. The complaint alleges violations of Title IX, the Fourteenth Amendment, Michigan's Elliott-Larsen Civil Rights Act, and tort claims.
DISABILITY DISCRIMINATION
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Babcock, et al. v. State of Michigan, et al.
U.S. District Court, Eastern District of Michigan, 2022 Lawsuit filed on behalf of three disabled individuals who were repeatedly denied access to government and municipal buildings and their facilities, including restrooms, due to accessibility issues and failures to comply with building code, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and Michigan's Persons with Disabilities Civil Rights Act. The plaintiffs include two attorneys whose work and ability to practice law has been negatively impacted by the failures. |
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RACE DISCRIMINATION
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Reed v. Lansing Police Department, et al.
Ingham County Circuit Court, Michigan, 2021 Lawsuit filed on behalf of a then-sixteen year old child who was beaten by Lansing police while being arrested. No deescalation tactics were used and the officers moved immediately to assaulting the child, including punching her and slamming her leg in a the door of a police cruiser, while she was having an emotional breakdown due to the trauma of the attack. The complaint alleged race discrimination, due process and equal protection violations, excessive use of force, and other civil rights and tort claims. The case was resolved via settlement. |
FREEDOM OF INFORMATION ACT
Abdnour v. Michigan State University
Michigan Court of Claims, 2020
Freedom of Information Act lawsuit filed against Michigan State University for failure to comply with Michigan law in responding to a public records request. MSU not only failed to disclose information and documents as required by statute, but also failed to properly justify its redactions as required by Michigan case law. The complaint alleges violations of Michigan's Freedom of Information Act. Plaintiff prevailed on her claims and MSU was ordered to pay costs and attorneys fees.
Michigan Court of Claims, 2020
Freedom of Information Act lawsuit filed against Michigan State University for failure to comply with Michigan law in responding to a public records request. MSU not only failed to disclose information and documents as required by statute, but also failed to properly justify its redactions as required by Michigan case law. The complaint alleges violations of Michigan's Freedom of Information Act. Plaintiff prevailed on her claims and MSU was ordered to pay costs and attorneys fees.
Doe v. Unnamed higher education institution
Successful FOIA appeal on behalf of a sexual assault survivor who requested that her school provide her with a copy of her Title IX investigation report as required by federal law. Her initial request was denied by the school, which wrongly cited FOIA to justify its failure to provide her with a copy of the report.
