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Case Name DH v. Ponca City Independent School District No. 71 ED-OK-0003
Docket / Court 4:06-cv-00523 ( N.D. Okla. )
State/Territory Oklahoma
Case Type(s) Education
Case Summary
On September 27, 2006, parents, as next friends of their minor daughters, filed a lawsuit in the United States District Court for the Northern District of Oklahoma under 42 U.S.C. § 1983 and Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq. against Ponca City Independent ... read more >
On September 27, 2006, parents, as next friends of their minor daughters, filed a lawsuit in the United States District Court for the Northern District of Oklahoma under 42 U.S.C. § 1983 and Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq. against Ponca City Independent School District No. 71, also known as Ponca City Public Schools. Plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, claiming that Ponca City Public Schools had violated Title IX of the Education Amendment of 1972, 20 U.S.C. § 1681, by denying plaintiffs' daughters' equal access to interscholastic and other school-sponsored athletics. Specifically, plaintiffs claimed that Ponca City Public Schools had discriminated against plaintiffs' daughters in the funding of athletics; access to equipment and supplies; the scheduling of games and practice times; the assignment and compensation of coaches; and the provision of locker rooms and facilities for both practice and competition and training facilities and services.

The parties held settlement conferences before the District Court for the Northern District of Oklahoma (Magistrate Judge Sam A. Joyner) on January 12, 2007 and March 27, 2007. On April 9, 2007, the parties entered into a settlement agreement that settled all claims, except that they agreed to submit the issue of attorneys' fees and costs to be awarded to the court for determination on the basis of briefs submitted. On September 11, 2007, the Court (Magistrate Judge Sam A. Joyner) reported and recommended that plaintiffs' motion for awarding of attorneys' fees and costs be granted in part and denied in part, and awarded plaintiffs $39965.33, which was to be paid by defendants. On September 26, 2007, the Court (Federal District Judge Claire V. Eagan) ordered that the magistrate judge's report and recommendation be accepted. On September 28, 2007, the parties submitted a joint stipulation of dismissal with prejudice to the Court.

While the settlement agreement is not available, media reports state that the defendant agreed to improve the softball field and upgrade the plaintiffs' uniforms, equipment, and locker-room facilities.

The case was closed on September 28, 2007.

Heather Turner - 03/10/2014


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Issues and Causes of Action
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Issues
Affected Gender
Female
Constitutional Clause
Equal Protection
Content of Injunction
Discrimination Prohibition
Defendant-type
Elementary/Secondary School
Discrimination-basis
Sex discrimination
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.
42 U.S.C. § 1983
Defendant(s) Ponca City Independent School District No. 71
Plaintiff Description Parents as next of friends to their minor daughters, school softball team members.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted Moot
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration 2007 - n/a
Case Closing Year 2007
Case Ongoing No
Additional Resources
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Case Studies Courts and Kids: Pursuing Educational Equity Through the State Courts
By: Michael Rebell (Columbia University, and Campaign for Educational Equity)
Citation: (University of Chicago Press, 2009)
[ Detail ] [ External Link ]

Links Dear Colleague Letter: Athletic Activities Counted for Title IX Compliance
http://www2.ed.gov/about/offices/list/ocr/index.html
Posted: Sep. 17, 2008
By: United States Department of Education—Office of Civil Rights (U.S. Department of Justice)
[ Detail ] [ External Link ]

Docket(s)
4:06−cv−00523 (N.D. Okla.) 01/07/2011
ED-OK-0003-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/26/2006
ED-OK-0003-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Report and Recommendation 09/11/2007
ED-OK-0003-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Acceptance of Report and Recommendation] 09/26/2007 (N.D. Okla.)
ED-OK-0003-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judgment As To Attorney Fees And Costs 09/26/2007 (N.D. Okla.)
ED-OK-0003-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Cleary, Paul J. (N.D. Okla.) [Magistrate]
ED-OK-0003-9000
Eagan, Claire (N.D. Okla., FISC) [Magistrate]
ED-OK-0003-0003 | ED-OK-0003-0004 | ED-OK-0003-9000
Joyner, Sam A. (N.D. Okla.) [Magistrate]
ED-OK-0003-0002
Monitors/Masters None on record
Plaintiff's Lawyers Schiller, Samuel (Tennessee)
ED-OK-0003-0001 | ED-OK-0003-9000
Yasser, Raymond (Oklahoma)
ED-OK-0003-0001 | ED-OK-0003-9000
Defendant's Lawyers Long, Karen Lea (Oklahoma)
ED-OK-0003-9000
Other Lawyers None on record

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