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Lack of Jurisdiction – Title IX

By: Derek Hawkins//November 23, 2016//

Lack of Jurisdiction – Title IX

By: Derek Hawkins//November 23, 2016//

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7th Circuit Court of Appeals

Case Name: Kenosha Unified School District No.1 Board of Education, et al v. Ashton Whitaker

Case No.: 16-8019

Officials: RIPPLE, KANNE, and WILLIAMS, Circuit Judges.

Focus: Lack of Jurisdiction – Title IX

Plaintiff Ash Whitaker is a transgender boy whose high school will not permit him to use the boys’ bath‐ room. He sued the school district for discriminating against him on the basis of sex, in violation of Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681, and the Equal Protection Clause of the Fourteenth Amendment. After the district court denied the defendants’ motion to dismiss, the defendants filed this petition for interlocutory appeal. The defendants asserted that appellate jurisdiction is proper un‐ der 28 U.S.C. § 1292(b), but the district court has since vacated its certification. Thus we lack appellate jurisdiction.

Petition Denied

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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