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