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Case Name D.H. v. Moss Point School District ED-MS-0003
Docket / Court 1:13-cv-00466-HSO-RHW ( S.D. Miss. )
State/Territory Mississippi
Case Type(s) Education
Attorney Organization Southern Poverty Law Center
Case Summary
On December 17, 2013, D.H., a lesbian student at Moss Point High School, filed this federal lawsuit against the School District. Represented by the Southern Poverty Law Center, the suit in the United States District Court for the Southern District of Mississippi, was brought under Title IX of the ... read more >
On December 17, 2013, D.H., a lesbian student at Moss Point High School, filed this federal lawsuit against the School District. Represented by the Southern Poverty Law Center, the suit in the United States District Court for the Southern District of Mississippi, was brought under Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq., and the Equal Protection clause of the Fourteenth Amendment to the U.S. Constitution, against Moss Point School District ("MPSD"). The complaint alleged that the school district had discriminated against D.H. based on her gender expression and sexual orientation by failing to, inter alia, adequately protect plaintiff from harassment, and creating a hostile climate that deprived D.H. of access to educational opportunities. The complaint sought injunctive relief, damages, and attorneys' fees and costs.

This case is ongoing as of June 6, 2014.

Heather Turner - 06/06/2014


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Issues and Causes of Action
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Issues
Affected Gender
Female
Constitutional Clause
Equal Protection
Defendant-type
Elementary/Secondary School
Discrimination-basis
Gender identity
Sex discrimination
Sexual orientatation
General
Assault/abuse by residents/inmates/students
Assault/abuse by staff
Failure to discipline
Failure to train
Gay/lesbian/transgender
Staff (number, training, qualifications, wages)
Suicide prevention
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.
Defendant(s) Moss Point School District
Plaintiff Description Parent, on behalf of his minor student daughter
Indexed Lawyer Organizations Southern Poverty Law Center
Class action status sought No
Class action status granted Moot
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
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)
1:13−cv−00466 (S.D. Miss.) 04/24/2014
ED-MS-0003-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 12/17/2013
ED-MS-0003-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Ozerden, Halil Suleyman (S.D. Miss.)
ED-MS-0003-9000
Walker, Robert H. (S.D. Miss.) [Magistrate]
ED-MS-0003-9000
Monitors/Masters None on record
Plaintiff's Lawyers Ittelson, Alesdair (Alabama)
ED-MS-0003-0001 | ED-MS-0003-9000
Johnson, Elissa F (Mississippi)
ED-MS-0003-0001 | ED-MS-0003-9000
Nair, Anjali (Alabama)
ED-MS-0003-0001 | ED-MS-0003-9000
Owens, Jody E. II (Mississippi)
ED-MS-0003-0001 | ED-MS-0003-9000
Wolfe, Samuel (Alabama)
ED-MS-0003-0001 | ED-MS-0003-9000
Defendant's Lawyers Hooks, John Simeon (Mississippi)
ED-MS-0003-9000
Keith, James Allen (Mississippi)
ED-MS-0003-9000
Other Lawyers None on record

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