ILNews

Court sanctions school corporation a third time

Back to TopCommentsE-mailPrintBookmark and Share

A Northern District magistrate judge has issued sanctions for the third time against Gary Community School Corp. for its lack of cooperation in a suit involving a transgender student.

Magistrate Paul Cherry of the Northern District of Indiana granted plaintiff Kevin "K.K." Logan's third motion for sanctions against the school corporation Jan. 23 in Kevin Logan v. Gary School Corp., et al., No. 2:07-cv-431.

Logan filed suit against the school in December 2007 after he was denied admittance to his high school's prom in 2006 by principal Diane Rouse because he was wearing a pink dress. Rouse cited school policy for not allowing Logan in; however, a female wearing a tuxedo attended the prom.

Magistrate Cherry granted Logan's motion for sanctions, citing the school corporation's long history of non-compliance with court orders as well as federal and local Rules of Civil Procedure. In the Jan. 23 order, the District Court cited the school corporation's failure to comply with some outstanding discovery requests. Even though the school corporation's current attorneys appear to be making a good faith effort to bring the school corporation into compliance, it has "displayed a willful failure to obey court orders and have displayed a pattern of dilatory tactics and contumacious conduct such that additional sanctions are appropriate at this time under Federal Rule of Civil Procedure 37(b)," wrote Magistrate Cherry.

Three of Gary School Corp.'s affirmative defenses were struck because they relate to the substance of the discovery sought by Logan. The defenses are that Logan failed to state a claim upon which relief can be granted against the school corporation; Logan wasn't permitted to enter the school-sponsored function wearing a pink party dress because the school corporation sought to ensure the safety and welfare of Logan and other students at the event; and Logan wasn't permitted to enter the event wearing the dress because the school corporation sought to prevent substantial disruption and interference at the function.

The school corporation also must pay Logan's reasonable expenses caused by its failure to comply with a Nov. 21, 2008, order. Magistrate Cherry noted that if the school corporation continues non-compliance with court rules and orders, further sanctions may be necessary. Gary School Corp. already had been sanctioned for failure to comply, ordered to pay Logan's costs and expenses for filing his motions to compel, and precluded from introducing any testimony of witnesses or documentary evidence that wasn't initially disclosed under Rule 26(a) without first seeking leave of the District Court and establishing its failure to produce was substantially justified or harmless.

The District Court also granted Gary School Corp.'s revised motion for extension of time to supplement answers to plaintiff's request for production, extending the original Dec. 5, 2008, deadline to Dec. 19, 2008.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

ADVERTISEMENT