Case 3:17-cv-00739-TJC-JBT Document 192 Filed 07/26/18 Page 32 of 70 PageID 10710
testified that the school had no problems implementing the policy, which was occasioned by a student who transitioned during the school year. Id. at Tr. 26–27. Aberli explained that this was his first encounter with a transgender student and he had a steep learning curve but ultimately concluded that “being transgender was a real thing that the school would have to respond to.” Id. at Tr. 31. Although many parents initially had concerns about safety and privacy, the school has disciplinary procedures to address any violations, and none have occurred. Id. at Tr. 45–54.
III. Conclusions of Law
To prevail, Adams must prove by a preponderance of the evidence that the School Board violated his rights under the Equal Protection Clause and/or Title IX.[1] If Adams does so, it is also his burden to prove (again by a preponderance of the evidence) how this violation caused him damage.[2] See Pattern Jury Instructions,
- ↑ Adams filed suit under 42 U.S.C. § 1983. The School Board is a “person” acting under color of law within the meaning of 42 U.S.C. § 1983. Doc. 151, Pl. Ex. 138 at Request for Admission 1.
- ↑ The evidence at trial was that Adams has no occasion to use the locker room at Nease (the use of which is limited to students taking physical education classes, which he does not) and none of his testimony related to those facilities or any desire to access them. Likewise, when discussing the School Board’s concerns, the testimony was about the multi-stall single-sex restrooms on campus that students use during class time, on the short breaks between classes, or during lunch. While the Court viewed the locker room and showers as part of its tour of Nease, Adams did not attempt to show that the School Board policy as it relates to locker rooms and shower facilities has caused him any harm. Thus, the Court’s analysis of Adams’ claims does not include consideration of his use of the boys’ locker room or shower facilities and the Court’s rulings do not apply to those spaces. Outside of case citations, references
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