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. IF the Right to Vote is indeed a Right, then it is a RIGHT. That is the same for ALL eligible and properly registered voters. And this is, being able to cast one's vote - until the minute before the polls close in one's assigned precinct. NOT days before by absentee ballot, and NOT 9 miles from one's house (where it might be a burden to get to in time). I personally wait until the last minute to get in line. Because you never know what happens. THAT is my right, and that is Mr. Valenti's. If it is truly so horrible to let him on school grounds (exactly how many children are harmed by those required to register, on school grounds, on election day - seriously!), then move the polling place to a different location. For ALL voters in that precinct. Problem solved.

  2. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  3. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  4. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  5. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

ADVERTISEMENT