Case: Gay-Straight Alliance Network v. Visalia Unified Sch. Dist.

1:00-cv-06616 | U.S. District Court for the Eastern District of California

Filed Date: Sept. 29, 2000

Closed Date: 2003

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Case Summary

On September 29, 2000, a former high school student harassed for his perceived sexual orientation ("student plaintiff"), filed this federal lawsuit, pro se, in the U.S. District Court for the Eastern District of California against the Visalia Unified School District and school administrators and officials. On January 24, 2001, the plaintiff filed an amended complaint, now represented by both private counsel and the ACLU of Northern California, and joined by a second, organizational plaintiff, t…

On September 29, 2000, a former high school student harassed for his perceived sexual orientation ("student plaintiff"), filed this federal lawsuit, pro se, in the U.S. District Court for the Eastern District of California against the Visalia Unified School District and school administrators and officials. On January 24, 2001, the plaintiff filed an amended complaint, now represented by both private counsel and the ACLU of Northern California, and joined by a second, organizational plaintiff, the Gay-Straight Alliance Network ("GSA Network"), a youth-led non-profit organization dedicated to eliminating intolerance and homophobia in schools, was added to the first amended complaint.

In the amended complaint, filed under 42 U.S.C. § 1983 and California state law, the plaintiffs sought injunctive relief, a declaratory judgment, and damages for the creation of a hostile school environment in violation of the Fourteenth Amendment's Equal Protection and Due Process Clause. Specifically, the plaintiffs claimed that from 1996 to 2000, the defendants participated in and failed to take effective measures to remedy continuing and severe harassment that the student plaintiff experienced due to his sexual orientation. This harassment created a climate hostile to LGBT students, interfered with their enjoyment of educational opportunities, and caused them physical and emotional harms.

On March 28, 2001, the Court (Senior Judge Oliver W. Wanger) granted the defendants' request for judicial notice of certified copies of official records showing registration of school district with public agencies, and denied the defendants' motion to dismiss, motion for more definite statement, motion to strike (in part), motion for summary judgment/summary adjudication. The Court found that the GSA Network had standing to bring their claims, but struck GSA Network's prayer for punitive damages against the District. Gay-Straight Alliance Network v. Visalia Unified Sch. Dist., 262 F. Supp. 2d 1088, 1112 (E.D. Cal. 2001).

However, on April 11, 2001, the Court corrected its March 28 opinion and granted the defendants' motion to dismiss the student plaintiff's request for punitive damages against the School District, finding the School District immune from exposure to punitive damages from state law claims.

The parties then settled the case: On August 15, 2002, the Court entered a consent decree and granted the parties' stipulation of dismissal, dismissing the case with prejudice. The decree required the defendants to provide for a mandatory staff training program, revise its policies, select compliance coordinators, develop systems for reporting harassment and discrimination, allow students to form a gay-straight alliance, and create a community advisory group. It was scheduled to last for six months. The docket does not indicate any subsequent substantive activity.

Summary Authors

Stella Cernak (3/30/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11460037/parties/loomis-v-visalia-unified-dist/


Judge(s)
Attorney for Plaintiff

Bricks, Ann (California)

Eichorst, John Elliot (California)

Kim, Robert (California)

Lewis, Kevin H. (California)

Loomis, George S (California)

Attorney for Defendant

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Documents in the Clearinghouse

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11460037/loomis-v-visalia-unified-dist/

Last updated Feb. 20, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Damages, injunctive and declaratory relief; jury demand, fee status paid, receipt # 191198, assigned to Judge Oliver W. Wanger referred to Magistrate Judge Lawrence J. O'Neill (rcf) Modified on 09/29/2000 (Entered: 09/29/2000)

Sept. 29, 2000

Sept. 29, 2000

PACER
3

ORDER setting mandatory scheduling conference for 8:45 1/11/01 before Judge Oliver W. Wanger (rcf) (Entered: 09/29/2000)

Sept. 29, 2000

Sept. 29, 2000

PACER
4

STANDING ORDER by Judge Oliver W. Wanger (cc: all counsel) (rcf) (Entered: 09/29/2000)

Sept. 29, 2000

Sept. 29, 2000

PACER
5

NOTICE: from G Lucas scheduling conference continued to 8:45 3/1/01 before Wanger (old) (Entered: 01/09/2001)

Jan. 8, 2001

Jan. 8, 2001

PACER
6

REQUEST by plaintiff George S Loomis for summons and aid in service of summons (mm) (Entered: 01/16/2001)

Jan. 12, 2001

Jan. 12, 2001

PACER
7

LETTER to court from counsel for pla George S Loomis requesting the scheduling conference be moved to 8:45 3/9/01 before Judge Wanger (hm) (Entered: 01/18/2001)

Jan. 16, 2001

Jan. 16, 2001

PACER
8

FIRST AMENDED COMPLAINT [1-1] by plaintiff George S Loomis terminating defendant Sarah Karam and adding pltf Gay-Straight Alliance Network and dft Carlyn Lambert; jury demand (jv) (Entered: 01/25/2001)

Jan. 24, 2001

Jan. 24, 2001

PACER
9

RETURN OF SERVICE executed upon defendant Visalia Unified Dist, defendant Carlyn Lambert, defendant Bob Cesena, defendant Gig Stevens, defendant Juan - Garcia on 1/30/01 (sr) (Entered: 02/15/2001)

Feb. 14, 2001

Feb. 14, 2001

PACER
10

MOTION to dismiss for failure to state a claim upon which relief can be granted, for more definite statement, to strike portions of the complaint, for summary judgment or for summary adjudication of issues by dfts Visalia Unified, Lambert, Gonzales, Cesena, Stevens, Garcia motion TO BE HEARD by Judge Oliver W. Wanger; Motion Hearing Set For 3/19/01 at 10:00 (sr) (Entered: 02/16/2001)

Feb. 15, 2001

Feb. 15, 2001

PACER
11

MEMORANDUM OF POINTS AND AUTHORITIES by dfts Visalia Unified, Linda Gonzales, Bob Cesena, Gig Stevens, Juan Garcia, Carlyn Lambert in support of motion to dismiss [10-1], motion for more definite statement [10-2], motion to strike [10-3], motion for summary judgment of for summary adjudication of issues [10-4] (sr) (Entered: 02/16/2001)

Feb. 15, 2001

Feb. 15, 2001

PACER
12

DECLARATION of John Rozier in support of motion to dismiss [10-1], motion for more definite statement [10-2], motion to strike [10-3], motion for summary judgment or summary adjudication [10-4] (sr) (Entered: 02/16/2001)

Feb. 15, 2001

Feb. 15, 2001

PACER
13

STATEMENT by dfts Visalia Unified Dist, Linda Gonzales, Bob Cesena, Gig Stevens, Juan - Garcia, Carlyn Lambert of undisputed facts in support of motion to dismiss [10-1], motion for more definite statement [10-2], motion to strike [10-3], motion for summary judugment or summary adjuciation [10-4] (sr) (Entered: 02/16/2001)

Feb. 15, 2001

Feb. 15, 2001

PACER
14

REQUEST for Judicial notice by dfts Visalia Unified Dist, Linda Gonzales, Bob Cesena, Gig Stevens, Juan - Garcia, Carlyn Lambert (sr) (Entered: 02/16/2001)

Feb. 15, 2001

Feb. 15, 2001

PACER
15

TABLE OF CONTENTS by dfts Visalia Unified Dist, Linda Gonzales, Bob Cesena, Gig Stevens, Juan - Garcia, Carlyn Lambert RE: motion to dismiss for failure to state a claim upon which relief can be granted [10-1], RE: motion for more definite statement [10-2], RE: motion to strike portions of the complaint [10-3], RE: motion for summary judgment or for summary adjudication of issues by dfts Visalia Unified, Lambert, Gonzales, Cesena, Stevens, Garcia [10-4] (sr) (Entered: 02/16/2001)

Feb. 15, 2001

Feb. 15, 2001

PACER
16

EXHIBIT "B" by dfts Visalia Unified Dist, Linda Gonzales, Bob Cesena, Gig Stevens, Juan - Garcia regarding [10-1], [10-2], [10-3], [10-4] (rab) (Entered: 02/22/2001)

Feb. 21, 2001

Feb. 21, 2001

PACER
17

JOINT SCHEDULING REPORT by pltfs, dfts (jv) (Entered: 02/26/2001)

Feb. 23, 2001

Feb. 23, 2001

PACER
18

OPPOSITION by pltf's George S Loomis, Gay-Straight to motion to dismiss for failure to state a claim upon which relief can be granted [10-1], to motion for more definite statement [10-2], to motion to strike portions of the complaint [10-3], to motion for summary judgment or for summary adjudication of issues by dfts Visalia Unified, Lambert, Gonzales, Cesena, Stevens, Garcia [10-4] (rcf) (Entered: 03/05/2001)

March 5, 2001

March 5, 2001

PACER
19

SEPARATE STATEMENT by pltf's George S Loomis, Gay-Straight of facts in opposition to [10-1], [10-2], [10-3], [10-4] (rcf) (Entered: 03/05/2001)

March 5, 2001

March 5, 2001

PACER
20

DECLARATION of Edward B Mullen III in support of pltf's opposition [18-1] (rcf) (Entered: 03/05/2001)

March 5, 2001

March 5, 2001

PACER

LODGED (Proposed) Order denying motion to dismiss for failure to state a claim; for a more definite statement; to strike portions of complaint; for summary jgmt and/or summary adjudication of issues by pltf's George S Loomis, Gay-Straight (rcf)

March 5, 2001

March 5, 2001

PACER
21

PROOF OF SERVICE by pltf's George S Loomis, Gay-Straight of [0-0], [20-1], [19-1], [18-1] (rcf) (Entered: 03/05/2001)

March 5, 2001

March 5, 2001

PACER
22

PROOF OF SERVICE by plaintiff Gay-Straight of [21-1], [0-0], [20-1], [18-1] (rcf) (Entered: 03/07/2001)

March 6, 2001

March 6, 2001

PACER
23

NOTICE by plaintiff George S Loomis of hearing scheduling conference continued to 10:00 3/19/01 before Judge Wanger ctrm 2 ( cc: all counsel) (rab) (Entered: 03/13/2001)

March 12, 2001

March 12, 2001

PACER
24

REPLY BRIEF IN SUPPORT OF MOTIONS by dfts Visalia Unified Dist, Linda Gonzales, Bob Cesena, Gig Stevens, Juan Garcia, Carlyn Lambert to to dismiss for failure to state a claim upon which relief can be granted [10-1], to motion for more definite [10-2], to motion to strike portions of the complaint [10-3], to motion for summary judgment or for summary adjudication of issues by dfts Visalia Unified, Lambert, Gonzales, Cesena, Stevens, Garcia [10-4] (rab) (Entered: 03/14/2001)

March 12, 2001

March 12, 2001

PACER
25

MINUTES of 3/19/01 before Judge Oliver W. Wanger motion to dismiss for failure to state a claim upon which relief can be granted [10-1], motion for more definite statement [10-2], motion to strike portions of the complaint [10-3], motion for summary judgment or for summary adjudication of issues by dfts Visalia Unified, Lambert, Gonzales, Cesena, Stevens, Garcia [10-4] SUBMITTED until further briefing, opening brief 3/26/01; reply brief 4/2/01; C/R S Crump (sr) (Entered: 03/20/2001)

March 19, 2001

March 19, 2001

PACER
26

SCHEDULING CONFERENCE ORDER by Judge Oliver W. Wanger ORDERING pretrial conference set for 11:00 1/22/02, before Judge Wanger, Ctrm 2; trial set for 9:00 2/26/02, before Judge Wanger, Ctrm 2; settlement conference set for 10:30 7/11/01, before Judge O'Neill, Ctrm 6; non-dispositive motion filing ddl set for 10/30/01 and dispositive motion filing ddl set for 11/9/01; discovery cut-off ddl set for 10/15/01 (cc: all counsel) (jh) (Entered: 03/26/2001)

March 22, 2001

March 22, 2001

PACER
27

MEMORANDUM, Opinion and Order: by Judge Wanger request for judicial notice by dfts [14-1] GRANTED, motion to dismiss for failure to state a claim upon which relief can be granted [10-1] DENIED, motion for more definite statement [10-2] DENIED, motion to strike portions of the complaint [10-3] DENIED, motion for summary judgment or for summary adjudication of issues by dfts Visalia Unified, Lambert, Gonzales, Cesena, Stevens, Garcia [10-4] DENIED (cc: all counsel) (old) (Entered: 03/29/2001)

March 28, 2001

March 28, 2001

PACER
28

OBJECTIONS by pla George S Loomis to dfts' "request for clarification" (hm) (Entered: 04/12/2001)

April 11, 2001

April 11, 2001

PACER
29

MEMORANDUM, Opinion and Order: by Judge Wanger; the memorandum, opinion and order filed on 3/28/01 27 is corrected to read: pursuant to California Govt Code section 818, public entities such as dft, VISALIA UNIFIED SCHOOL DISTRICT, are immune from exposure to punitive damages from State law claims. Plas at oral argument have expressed their intent not to seek punitive damages from the VISALIA UNIFIED SCHOOL DISTRICT. Dfts' motion to dismiss pla GEORGE LOOMIS' prayer for punitive damages against dft VISALIA UNIFIED SCHOOL DISTRICT is GRANTED (cc: all counsel) (hm) (Entered: 04/12/2001)

April 11, 2001

April 11, 2001

PACER
30

ANSWER to first amended complaint by dfts Visalia Unified Dist, Linda Gonzales, Bob Cesena, Gig Stevens, Juan - Garcia (mm) (Entered: 04/26/2001)

April 25, 2001

April 25, 2001

PACER
31

COURT NOTICE: from Irma Lira, Deputy Clerk settlement conference CONTINUED to 10:00 a.m. 9/27/01 before Judge O'Neill, Ctrm 6 (cc: all counsel) (jh) (Entered: 07/24/2001)

July 20, 2001

July 20, 2001

PACER

LODGED stipulation and order by plaintiffs George S Loomis, and Gay-Straight (old)

Aug. 24, 2001

Aug. 24, 2001

PACER

LODGED stipulation and order extending trial date and case management deadlines by plaintiffs George S Loomis, and Gay-Straight (old)

Aug. 28, 2001

Aug. 28, 2001

PACER
32

STIPULATION AND ORDER by Judge Oliver W. Wanger pretrial conference set for 11:00 4/9/02; trial set for 9:00 5/14/02; non-dispositive pre-trial motion filing ddl set for 1/18/02; hearing on non-dispositive pre-trial motions set for 2/18/02 at 9:00 before Magistrate Judge O'Neill; discovery ddl set for 12/21/01 Discovery cut-off ddk 12/21/02; last date to file dispositive motions 2/1/02; hearing on dispositive motions set for 3/4/02 at 10:00; expert witness discosure ddl 11/4/01; supplemental expert witness disclosure ddl 11/26/01 (cc: all counsel) (old) (Entered: 08/29/2001)

Aug. 29, 2001

Aug. 29, 2001

PACER
33

NOTICE by plaintiff's Gay-Straight, George S Loomis [4-1] of entry of order (wh) (Entered: 09/05/2001)

Sept. 4, 2001

Sept. 4, 2001

PACER
34

STIPULATION AND ORDER by Judge Oliver W. Wanger pretrial conference set for 11:00 am 4/9/02; trial set for 9:00 am 5/14/02; designation of expert witnesses set for 11/5/01; supplemental expert disclosure set for 11/26/01; motion filing ddl set for 1/18/02; last date to file non-dispositive motions 02/1/02; hearing on non-dispostive motions 2/18/02 at 9:00 am before Magistrate Judge Lawrence J. O'Neill; hearing on dispositive motions 03/4/02 at 10:00 am; discovery ddl set for 12/21/01 (cc: all counsel) (tel) (Entered: 09/12/2001)

Sept. 10, 2001

Sept. 10, 2001

PACER
35

MINUTES of 9/27/01 before Magistrate Judge Dennis L. Beck settlement conference held on 9/27/01 ; no settlement; counsel to notify court if parties have settled (old) (Entered: 09/28/2001)

Sept. 27, 2001

Sept. 27, 2001

PACER
36

NOTICE by plaintiff George S Loomis of hearing settlement conference set for 10:30 1/29/02 before Magistrate Beck (wh) (Entered: 12/11/2001)

Dec. 10, 2001

Dec. 10, 2001

PACER
37

NOTICE by Counsel for defendants Visalia Unified Dist, Linda Gonzales, Bob Cesena, Gig Stevens and Juan - Garcia of change of Firm Name and Address to Nelson, Rozier & Bettencourt 3924 W Caldwell, Suite A Visalia, CA 93277 (tel) (Entered: 01/23/2002)

Jan. 22, 2002

Jan. 22, 2002

PACER
38

STANDING ORDER by Magistrate Judge Lawrence J. O'Neill informing the parties on the procedure to follow in pursuing this action (tel) (Entered: 01/25/2002)

Jan. 24, 2002

Jan. 24, 2002

PACER

LODGED stipulation and order extending and/or vacating trial date and case management deadlines by plaintiff George S Loomis, plaintiff Gay-Straight (sr)

Jan. 25, 2002

Jan. 25, 2002

PACER
39

MINUTES of 1/29/02 before Magistrate Judge Dennis L. Beck settlement conference held on 1/29/02; no settlement reached, although discussions will continue (sr) (Entered: 01/30/2002)

Jan. 29, 2002

Jan. 29, 2002

PACER
40

STIPULATION AND ORDER Judge Oliver W. Wanger ORDERING that trial dates and case management ddls be VACATED (cc: all counsel) (sr) (Entered: 02/01/2002)

Jan. 31, 2002

Jan. 31, 2002

PACER
41

MAIL returned stipulation and order extending and/or vacating trial date and case mgmt ddls [40-1] addressed to plaintiff George S Loomis at 1228 E Elizabeth, Fresno CA 93728; (order will not be re-served as pltf is no longer pro per; pltf is represented by counsel who was served with copy of order) (jv) (Entered: 03/11/2002)

March 8, 2002

March 8, 2002

PACER

LODGED Stipulation and order re trial date and case management deadlines by pltf George S Loomis, Gay-Straight (rcf)

March 12, 2002

March 12, 2002

PACER
42

STIPULATION AND ORDER by Judge Oliver W. Wanger Stipulation to continue trial date and case managment deadlines [0-0] GRANTED case mgmt ddl set for 4/19/02 to present new trial date and appropriate case mgmt ddls to the Court should not settle by 4/15/02 (cc: all counsel) (rcf) (Entered: 03/14/2002)

March 13, 2002

March 13, 2002

PACER
43

MAIL returned [42-2] addressed to plaintiff George S Loomis (moved left no address, unable to forward) (sr) (Entered: 03/22/2002)

March 21, 2002

March 21, 2002

PACER
44

ORDER by Judge Oliver W. Wanger ORDERING Consent Decree and Order; Stipulation of dismissal GRANTED; pltf's and dft's consent to and the Court hereby ORDERS that this action is dismissed w/prejudice provided however, that the Court shall retain jurisdiction over this action for the period specified to ensure compliance w/all provisions of this Consent Order CASE DISMISSED with prejudice (cc: all counsel) (rcf) (Entered: 08/16/2002)

Aug. 15, 2002

Aug. 15, 2002

PACER
45

MAIL returned [44-2] addressed to plaintiff George S Loomis envelope states RETURN TO SENDER-MOVED LEFT NO ADDRESS (rcf) Modified on 08/26/2002 (Entered: 08/26/2002)

Aug. 23, 2002

Aug. 23, 2002

PACER
2

RETURNED Receipt from Federal Records Center; 2 volumes (jv) (Entered: 03/10/2004)

March 9, 2004

March 9, 2004

PACER

Case Details

State / Territory: California

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 29, 2000

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A gay-straight student alliance organization and a former high school student who was harassed based on his sexual orientation.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Visalia Unified School District, School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2002 - 2003

Content of Injunction:

Hire

Discrimination Prohibition

Develop anti-discrimination policy

Implement complaint/dispute resolution process

Reporting

Recordkeeping

Monitoring

Goals (e.g., for hiring, admissions)

Issues

General:

Failure to train

Individualized planning

Record-keeping

Records Disclosure

Staff (number, training, qualifications, wages)

Jails, Prisons, Detention Centers, and Other Institutions:

Confinement/isolation

LGBTQ+:

LGBTQ+

Discrimination-basis:

Sexual orientation

Type of Facility:

Government-run