litigation

photo of gender bathroom symbols

Adams ex rel. Kasper v. School Board of St. Johns County: Restricting Transgender High School Students’ Restroom Access Violates the Fourteenth Amendment and Title IX

Mitchell Brisbon*

Photo Credit: https://perma.cc/N7C9-SSZX

In Adams ex rel. Kasper v. School Board of St. Johns County, the United States Court of Appeals for the Eleventh Circuit considered a challenge to a Florida high school’s policy prohibiting transgender students from using the bathroom of the gender with which they identify. The plaintiff, a transgender male, challenged the policy under the Fourteenth Amendment’s Equal Protection clause and Title IX of the Education Amendments Act of 1972. The court affirmed the district court’s judgment on both grounds, with one judge dissenting, holding that the School Board’s policy violated both the Fourteenth Amendment’s Equal Protection Clause and Title IX’s prohibition of sex discrimination in education. Although not specifically decided, the case tees up a potential challenge to sex-separated bathrooms.

White v. Lemma – THE THREE-STRIKES PROVISION DOES NOT PRECLUDE DISMISSAL ON THE MERITS AND WITH PREJUDICE

Photo Credit: https://perma.cc/L4WN-ATJT

Ben Brown*

If a prisoner’s claim requires dismissal under the “three-strikes provision” but is also frivolous or unmeritorious, must the court dismiss the claim without prejudice or may it opt to dismiss the claim on the merits with prejudice instead?  This question was presented to the Eleventh Circuit in White v. Lemma.  The Eleventh Circuit concluded that “though a court must procedurally dismiss without prejudice the claim of a prisoner who has struck out under the three-strikes provision and failed to pay the filing fee, the court may also consider the merits to dismiss the case with prejudice instead.”

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Land in the fall.

Supreme Court Overrules State-Litigation Requirement for Plaintiffs Bringing Federal Takings Claims

Mollie Beth Amick*

Photo Credit: httpswww.californialandusedevelopmentlaw.com20170713supreme-court-announces-new-test-for-regulatory-takings-claims

In Knick v. Township of Scott, the Supreme Court overruled Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, which had created a de-facto state-litigation requirement for plaintiffs bringing federal takings claims. Specifically, the Court in Knick held that a property owner may proceed directly to federal court as soon as his property is taken without compensation, even if there are state remedies to provide compensation after the taking occurs.

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