L.B. v. Harrison County School District et al Featured Case

Plaintiff sued Defendants Harrison County School District, Harrison County School Board, Superintendent Mitchell King and Harrison Central High School Principal Kelly Fuller over its requirement that plaintiff, a transgender girl, must wear a white button-down shirt, black dress pants, black dress shoes and a tie or bowtie in accordance with her sex assigned at birth. Plaintiff alleged that enforcement of a dress code policy based on gender and gender stereotypes violated her rights to Equal Protection under the 14th Amendment, her rights to participate in an education activity free from discrimination on the basis of sex under Title IX of the Education Amendments of 1972, and her First Amendment rights to freedom of expression.

Plaintiff: L.B.
Defendant: Harrison County School District, Harrison County School Board, Mitchell King and Kelly Fuller
Case Number: 1:2023cv00124
Filed: May 18, 2023
Court: US District Court for the Southern District of Mississippi
Presiding Judge: Taylor B McNeel
Referring Judge: Bradley W Rath
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1981 Sex Discrimination
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 19, 2023 Opinion or Order Filing 14 ORDER denying #2 Motion for TRO. Signed by District Judge Taylor B. McNeel on 5/19/2023. (KAB)
May 19, 2023 Filing 13 MEMORANDUM in Opposition re #2 Emergency MOTION for Temporary Restraining Order filed by Kelly Fuller, Harrison County School Board, Harrison County School District, Mitchell King (Clark, Wynn)
May 19, 2023 Filing 12 AFFIDAVIT in Opposition re #2 Emergency MOTION for Temporary Restraining Order [Declaration of Mitchell King] filed by Kelly Fuller, Harrison County School Board, Harrison County School District, Mitchell King (Attachments: #1 Exhibit 1, HCSD Policy No. IHFC, #2 Exhibit 2, Commencement Participation Agreement L.B. and his parent signed [redacted], #3 Exhibit 3, MS Dept. of Educ. Manual Of Directions for records)(Clark, Wynn)
May 19, 2023 Filing 11 NOTICE of Appearance by Wynn E. Clark on behalf of Kelly Fuller, Harrison County School Board, Harrison County School District, Mitchell King (Clark, Wynn)
May 19, 2023 Opinion or Order TEXT ONLY ORDER: Case attorneys and parties are to report to Magistrate Judge Bradley W. Rath's Chambers (Suite 672) Gulfport for settlement conference on May 19, 2023, at 1:30 PM. If the case cannot be resolved at the Settlement Conference, hearing on #2 Emergency Motion for Temporary Restraining Order will follow immediately thereafter before District Judge Taylor B. McNeel in Courtroom (706) Gulfport. NO FURTHER WRITTEN ORDER SHALL ISSUE BY THIS COURT. Signed by District Judge Taylor B. McNeel on 5/19/2023. (KB)
May 19, 2023 SET HEARING: Settlement Conference is set for 5/19/2023 at 1:30 PM in Chambers 672 (Gulfport) before Magistrate Judge Bradley W. Rath. (KB)
May 19, 2023 Minute Entry for proceedings held before Magistrate Judge Bradley W. Rath: Settlement Conference held on 5/19/2023. PARTICIPANTS: McKenna E. Raney-Gray, Joshua F. Tom and Linda S. Morris - PHV (counsel for Plaintiff); L.B. (Plaintiff); Samantha Brown (Plaintiff's parent); Wynn E. Clark (counsel for Defendants); Mitchell King (Defendant and representative for Defendants). The matter did not settle at the conference. (AB)
May 19, 2023 MINUTE ENTRY for proceedings held before District Judge Taylor B. McNeel: Motion Hearing as to #2 Emergency Motion for Temporary Restraining Order held on 5/19/2023. Witnesses were called, and exhibits entered. The Court considered oral arguments of the parties, the record, and relevant legal authority. For reasons as stated on the record, #2 Emergency Motion for Temporary Restraining Order was denied. A separate order will be issued. APPEARANCES: M. Raney-Gray, J. Tom, L. Morris - PHV, for Plaintiff; W. Clark for Defendants; S. Vance, CSO. Court Reporter Kati Vogt, Telephone Number: 228-563-1780, E-mail: Kati_Vogt@mssd.uscourts.gov. (KB)
May 18, 2023 Filing 10 NOTICE of Hearing on Emergency Motion for Temporary Restraining Order by L.B. re #2 Emergency MOTION for Temporary Restraining Order (Raney-Gray, McKenna)
May 18, 2023 Opinion or Order Filing 9 ORDER REASSIGNING CASE: Pursuant to Section IV of Internal Rule 1 of this Court, and due to the temporary unavailability of Senior Judge Louis Guirola, Jr., this matter is hereby reassigned to District Judge Taylor B. McNeel for all purposes related to the Emergency Motion #2 and the hearing thereon scheduled for Friday, May 19, 2023. Should this matter proceed after the hearing, it will proceed before United States District Judge Louis Guirola. Signed by Chief District Judge Daniel P. Jordan, III on 5/18/2023 (wld)
May 18, 2023 Opinion or Order Filing 8 ORDER OF RECUSAL. District Judge Halil S. Ozerden recused. Case reassigned to District Judge Louis Guirola, Jr for all further proceedings. Signed by District Judge Halil S. Ozerden on 5/18/23. (JCH)
May 18, 2023 Filing 7 MOTION for Linda Morris to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5119250) by L.B. (Attachments: #1 Exhibit A Certificate of Good Service)(Tom, Joshua)
May 18, 2023 Filing 6 NOTICE of Appearance by Joshua F. Tom on behalf of L.B. (Tom, Joshua)
May 18, 2023 Filing 5 Summons Issued as to Kelly Fuller, Harrison County School Board, Harrison County School District, Mitchell King. (wld)
May 18, 2023 Opinion or Order Filing 4 ORDER Setting Hearing on Plaintiff's Emergency Motion #2 for Temporary Restraining Order. Motion Hearing set for 5/19/2023 01:30 PM in Courtroom 806 (Gulfport) Ozerden before District Judge Halil S. Ozerden. Signed by District Judge Halil S. Ozerden on 5/18/2023.(sa)
May 18, 2023 Filing 3 MEMORANDUM in Support re #2 Emergency MOTION for Temporary Restraining Order filed by L.B. (Raney-Gray, McKenna)
May 18, 2023 Filing 2 Emergency MOTION for Temporary Restraining Order by L.B. (Attachments: #1 Exhibit A Declaration of L.B., #2 Exhibit B Declaration of Samantha Brown, #3 Exhibit C HCHS Graduation Ceremony Letter, #4 Exhibit D Dress Code Policy, #5 Exhibit E Graduation Regalia Policy)(Raney-Gray, McKenna)
May 18, 2023 Filing 1 COMPLAINT against Kelly Fuller, Harrison County School Board, Harrison County School District, Mitchell King (Filing fee $ 402; receipt number 5118851), filed by L.B. (Attachments: # 1 Civil Cover Sheet)(JCH)
May 18, 2023 Filing 1 COMPLAINT against Kelly Fuller, Harrison County School Board, Harrison County School District, Mitchell King (Filing fee $ 402; receipt number 5118851), filed by L.B. (Attachments: #1 Civil Cover Sheet)(JCH)
May 18, 2023 NOTICE OF HEARING: Emergency Motion #2 for Temporary Restraining Order. Motion Hearing set for 5/19/2023 at 1:30 PM in Courtroom 806 (Gulfport) before District Judge Halil S. Ozerden. (ALS)
May 18, 2023 Issued summons emailed to office of McKenna Raney-Gray and Joshua Tom at email address provided. (wld)
May 18, 2023 ***TERMINATE HEARING: In light of #9 Order Reassigning Case, Hearing on #2 Emergency Motion for Temporary Restraining Order before District Judge Halil S. Ozerden set for 5/19/2023 is terminated and will be reset before District Judge Taylor B. McNeel on 5/19/2023. (KB)
May 18, 2023 NOTICE OF HEARING ON MOTION: Hearing on #2 Emergency Motion for Temporary Restraining Order is set for 5/19/2023 at 1:30 PM in Courtroom 706 (Gulfport) before District Judge Taylor B. McNeel. The Court will entertain a request by any attorney of record desiring to appear via Zoom. (KB)
May 18, 2023 Opinion or Order TEXT ONLY ORDER granting #7 Motion to Appear Pro Hac Vice. That Attorney Linda Morris be admitted pro hac vice in this case on behalf of Plaintiff L.B. in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge Bradley W. Rath on 5/18/2023 (AB)
May 18, 2023 DOCKET ANNOTATION as to # 7. L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to label each exhibit with a letter/number in future filings. (JCH)
May 18, 2023 DOCKET ANNOTATION as to # 2. L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to label each exhibit with a letter/number in future filings. (JCH)

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Plaintiff: L.B.
Represented By: McKenna E. Raney-Gray
Represented By: Joshua F. Tom
Represented By: Linda S. Morris - PHV
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Defendant: Harrison County School District
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Defendant: Harrison County School Board
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Defendant: Mitchell King
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Defendant: Kelly Fuller
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