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. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  4. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

ADVERTISEMENT