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COMPLAINT
INTRODUCTION
who attended Grissom High School in Huntsville, Alabama during the 2015-
2016 school years before ultimately and unfortunately dropping out due to
made the choice to “come out” and live as her true self when she enrolled at
The Grissom High School teachers and administrators condoned and often
other students and teachers, but receiving absolutely no relief from the
Zelda by her chosen female name or use female pronouns when addressing
her; denying Zelda’s access to the women’s restroom; denying Zelda entry
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to the females’ Physical Education class; denying Zelda the use of the
teacher bullied her; punishing Zelda for wearing feminine clothing that
minor to suffer to the extent she felt forced to quit school just to avoid cruel
treatment on the basis of her gender identity and/or perceived gender non-
conformity.
normal high school experience, but the Defendants took that experience
away from her. Zelda brings this action to assert her rights under Title IX,
the Fourteenth Amendment via 42 U.S.C. § 1983, and the First Amendment.
JURISDICTION
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PARTIES
school system.
was a student at Grissom High School at all relevant times alleged in this
Complaint.
responsible for the students’ safety. She was the ultimate supervisor over
the faculty and students at Grissom High School. She is sued in her
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the freshman principal at Grissom High School and the direct principal
High School. She is sued in her individual capacity and her official
capacity.
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capacity.
Board and Grissom High School. She was responsible for the Title IX
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District1. She is sued in her individual capacity and her official capacity.
________
15. The events complained of herein occurred between January 2015 and
May 2016 while Zelda was still a minor child attending Grissom High
had a Policy Manual with applicable student guidelines therein. Section 4.7
1
“Huntsville City Schools hires new Compliance Director after 25-year employee
retires.” Available at: https://whnt.com/2014/12/18/huntsville-city-schools-hires-new-
compliance-director-after-25-year-employee-retires/ (December 18, 2014).
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17. The Policy Manual states that any student may make a written
investigation and notify the student of the results with fifteen (15) days. The
officer will make further inquiry as needed. The Policy Manual also contains
an appeals process for the student if the student is unsatisfied with the results
18. Section 6.13.1 of the Policy Handbook further states that the Board
and complaints.
2
The policies outlined herein are taken from the Grissom High School Handbook
for the 2016-2017 school year. Plaintiff does not have a copy of the policy handbook
from the two school years prior when she attended Grissom; however, upon information
and belief, the policies are the same. Plaintiff will request said policies through discovery
and amend this Complaint accordingly if needed.
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as “an intentional act that causes harm to others…including, but not limited
to, written electronic, verbal and nonverbal threats, taunts, physical acts,
hitting/shoving.
24. The Policy Manual further requires that if the principal or the
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form.
High School.
Sexual Harassment
26. Section 6.14 of the Policy Manual covers student sexual harassment,
education; and c) the conduct has the purpose and effect of unreasonably
environment.”
27. The Policy Manual also authorizes and directs the Superintendent to
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28. The Student Dress Code rules begin on page 12 of the Handbook.
language; shorts/skirts that are more than three inches above the knee; hats;
pajamas; baggy pant; shirts that bare midriffs; and revealing tops.
FACTS
Background
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30. Transgender persons are people whose gender identities differ from
the sex they were assigned at birth. A transgender female’s sex is female
Mental Disorders, Fifth Ed. (2013) (“DSM-V”), and by the other leading
when a person’s gender identity differs from the person’s sex assigned at
34. Treatment for gender dysphoria aligns the transgender person’s body
and lived experience with the person’s true sex. Steps that transgender
people may take to treat their gender dysphoria pursuant to the Standards of
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Care include: (1) social transition; (2) hormone therapy; and/or (3) gender-
with the person’s gender identity. For example, for a transgender female,
social transition can include, among other things, changing her first name to
restrooms and other facilities for females, and otherwise living as a female in
37. In order for social transition to have the greatest therapeutic effect
their community must recognize her as a female and treat her the same as all
other females.
38. Zelda told friends that she was transgender on June 12, 2014, and
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freshman. At this time, she was already using her female name Zelda and
40. During Zelda’s time at Grissom High School, she faced harassment,
the Defendants on direct notice that said unlawful behavior was able to be
pejorative names, referred to her by her dead3 name, bullied her about how
she dressed, and threatened her because of her gender identity and/or
3
The birth name of a transgender female is commonly referred to as her “dead
name.”
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school hours, students would insult and laugh openly at Zelda, both in class
outlined in more detail infra. The bullying became so severe that Zelda
reported that if it wasn’t for her private counselor, “I’d be completely insane,
blind eye.
43. Both students and Defendant Teachers also harassed Zelda and
Teachers, including taunting her, calling her by her dead name, and telling
44. From the very outset of her enrollment, Defendant Teachers and many
Zelda by her dead name of James Russell (or “Russ”), using male pronouns
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and severe that it can be broken down into discrete categories as follows:
46. During her first semester at Grissom, Zelda wore a knee-length skirt
to school that complied with the school’s dress code policies. Defendant
Coln, who was aware of Zelda’s gender identity, ordered a security guard to
escort Zelda to Defendant Coln’s office and made her change into her
with her gender identity was premised on Coln’s own personal beliefs.
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48. During all relevant times, Physical Education class was a mandatory
subject at Grissom High School and was required for graduation. During
Zelda’s first semester at Grissom High School in January 2015, she was
the time she was placed in the boys’ Physical Education class.
told Zelda, in the presence of other students and Defendant Moran, that “that
discipline students for bullying or harassing other students under his direct
the perpetrators.
51. On more than one (1) occasion in the fall of 2015, during Physical
Education class, a group of male students gathered outside the stall where
4
See Adams, by and through Kasper, 2018 WL 3583843, —F.Supp.3d — (M.D.
FL. July 26, 2018).
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Zelda was dressing for Physical Education class and hit the stall doors to
scare Zelda.
Defendant Moran. Defendant Moran’s only response was to say “ok,” and
53. Having made complaints directly to her teacher regarding the sexual
class.
54. Accordingly, Zelda was ultimately forced to stop dressing out for
Physical Education class due to her fear of violence from the male students
who were repeatedly verbally bullying her and physically threatening her.
and bullying, Defendant Moran failed to 1) ask Zelda why she stopped
dressing out; 2) tell her that he was deducting points off of her grade for not
school regulations.
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56. Zelda failed Physical Education class during her freshman year with a
grade of thirty-five (35) due to her inability to dress out for fear of the
constant harassment and bullying from the males in the male Physical
58. Zelda was not permitted to use the females’ restroom at school,
despite being female. When Zelda went to the females’ restroom, faculty
from using the females’ restroom. By the end of the Fall 2015 semester,
Zelda’s only option for using the restroom without fear of punishment from
the school, or of physical or verbal assault from using the males’ restroom,
was to use the men’s cafeteria restroom, which was typically empty. Having
embarrassed, and alienated from other students. As such, Zelda tried to use
while being forced to use the males’ restroom at school caused Zelda to
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Grissom High School, that she avoided drinking liquids during the school
60. The school later permitted Zelda to use the nurse’s restroom.
61. The school did not require any students other than Zelda to use the
nurse’s restroom. Having to use the nurse’s restroom made Zelda feel
62. Having to use the nurse’s restroom also created practical problems for
Zelda that non-transgender students did not face. The nurse’s restroom was
located across campus from many of her other classes, often causing her to
be late to class.
63. From January 2015 through May 2016, students took photographs of
Zelda during school without her knowledge or consent and posted them to
social media with negative comments, such as “Zelda lost her wig,” with the
intent to embarrass and bully Zelda. On one Instagram post, a student posted
photographs at school during school hours and posted them during school
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these posts. Singleton was responsible for reporting said bullying and
harassment, but chose not to, in violation of school policy and federal law.
widespread and pervasive harassment and her cries for help, creating an
students.
65. On August 19, 2015, Ms. Hardt emailed Zelda’s teachers, including
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66. Even after the letter was sent to Defendants DesRosier and Defendant
the prior school year carried into the new year, including a continued refusal
to call Zelda by her preferred female name or use female pronouns when
acknowledge her as a female, opting instead to call Zelda by her dead name
Zelda’s name and instead called Zelda by her dead name every day while
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calling roll at the beginning of class, even after Zelda asked her to stop on
multiple occasions.
acknowledge Zelda’s name and instead called Zelda by her dead name and
referred to her using male pronouns. Zelda failed Defendant Staley’s class
70. On several occasions during the 2015-2016 school year up until she
was forced to leave school due to harassment, threats, and bullying, the
although she was female and in compliance with the dress code.
71. During the Fall Semester of the 2015-2016 school year, a male student
made a serious and direct threat against Zelda, telling her directly that he
would physically beat her because she was transgender. Said threat occurred
during school hours and on school property, and was immediately reported
to Defendant Langford.
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further action to protect Zelda against the bullying and harassment, or even
and online, and became more violent, threatening, and widespread. During
lunch, while teachers and students were present, students openly threw food
at Zelda. Teachers and staff did not stop, or even address, the behavior.
take corrective action, or impose any discipline. During this time, Zelda’s
74. On more than one (1) occasion as Zelda was walking to class, other
students punched her in the stomach/ribs while other teachers and faculty
stood by. Defendant Principals often walked the hallways between classes,
yet did nothing to intervene or stop the assaults from taking place.
offenders for the violence and bullying Zelda endured further condoned the
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bullying, and harassment to the point that Zelda was suicidal and could not
emotionally endure the personal attacks regarding her gender identity and/or
75. Toward the end of the Spring 2016 semester, a male student, J.M.,
physically assaulted Zelda in the hallways between classes, attacking her and
pulling off her wig with students and faculty in direct sight. J.M.’s attack
77. Defendant Shingleton did not issue a report, conduct any sort of
violation of both Board policy and federal law. In addressing the incident,
78. Due to fear of another physical attack, Zelda faked an illness the next
79. Within thirty (30) days of J.M.’s assault, on or about April 7, 2016,
“tranny,” stating that Zelda “had a dick,” and stating “fuck you and your
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Principal Balentine as required by Title IX and school policy, as she did not
feel safe or protected at school. However, as had been the case in the past,
Defendant Balentine neither investigated nor took any action against the
80. On April 7, 2016, after Zelda reported this incident to Ms. Hardt, Ms.
Hardt attempted to find the other student that had assaulted Zelda, but was
unable to because the student was not in the correct classroom. The student’s
parents were contacted about him not being in the required class, but not
assault took place, and the school did not notify Zelda’s parents about the
81. During the fall semester of the 2015-2016 school year, Zelda
harassment she had already faced at school. After the faculty mandated that
she do so, Zelda appeared for her photograph wearing a long skirt, feminine
shirt, and a black wig with highlights, which were all within the school’s
dress code.
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82. When the photographer asked Zelda about her wig, Zelda became
and requested that her picture not be included in the yearbook. Instead of the
Teachers printed and distributed the yearbook with Zelda’s dead name,
83. During the Spring Semester of 2016, Grissom High School advertised
participate in the beauty pageant. After Zelda registered for the pageant, the
Education class.
85. On Zelda’s first day in the females’ Physical Education class, she
Education teacher, and asked where to go to dress for the class. Defendant
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boys’ bathroom to change, and instructing her to put her clothes in a hallway
locker instead of the Physical Education gym lockers with the other females.
86. Defendant Stephens refused to assign Zelda a female gym locker for
Physical Education class, though every other female in the class was
87. Defendant Stephens also refused to allow Zelda to dress in the female
locker room, deliberately ostracizing her from the other females. As Zelda
felt unsafe dressing in the male’s locker room, where she had been bullied
and threatened during the previous school year, she was forced to resort to
88. No other students were required to dress for Physical Education class
89. The nurse’s bathroom was not equipped with benches, showers, or
other facilities and equipment that was provided in the locker rooms.
90. The female’s locker rooms at the school are partitioned, or capable of
being partitioned, such that any student who wishes to disrobe in greater
91. Zelda asked Defendant Stephens if she could dress out in the staff
bathroom, since the nurse’s bathroom was across campus, to which Stephens
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responded “No ma’am,” before quickly correcting herself and saying “No
sir.”
92. Since she was not permitted access to the female locker room with the
rest of the females in her class, Zelda had to leave the gym and walk across
campus to her hallway locker where her clothing was kept, and then to the
class.
Principal Balentine to ask if she could dress out for Physical Education class
in the females’ locker room, or at least in the staff bathroom, , to avoid being
late to class. Zelda also asked if she could keep her Physical Education
any update or other communication from the report she made to Defendant
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96. On February 26, 2016, the females’ Physical Education class did not
dress out; however, Zelda was not informed. After changing in the nurse’s
for that class period. Zelda was required to go back across campus to
class. Defendant Stephens, although aware of the situation and knowing she
failed to inform Zelda not to dress out for Physical Education class, deducted
points from her grade. This happened several additional times throughout
the semester.
97. Having to use the nurse’s restroom to change for Physical Education
class made Zelda feel humiliated, embarrassed, and alienated from other
students.
98. Zelda expressed to Defendant Stephens her concerns and fears about
dressing in the boys’ restroom given the threats of violence and intimidation
the previous semester. She also explained that because her only viable
option for dressing out was by accessing the nurse’s bathroom across
campus, she was frequently late to class, causing her grade to suffer.
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the nurse’s bathroom across campus, Zelda ultimately had to stop dressing
99. In addition, Defendant Stephens would only refer to Zelda by her dead
Defendant Stephens called Zelda by her correct name or used the correct
dead name and/or male pronouns. Stephens point-blank told Zelda that she
refused to call her Zelda because “your name is Russell.”5 In making these
100. One day during the spring semester 2016 at the end of Physical
females’ locker room from an outside entrance to the school, but refused to
allow Zelda to enter the locker room, instead instructing her to go around the
5
Russell” was also a chosen name (middle name), as the full name Zelda was
given at birth was James Russell Menefee.
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school to another outside door, where someone inside the gym was supposed
101. Defendant Stephens failed to let Zelda back inside, so she had to walk
all the way around campus in order to enter the school, causing Zelda to be
Principal Balentine, who again failed to take any action to stop this blatant
103. The bullying and harassment had increased to the extent that Zelda
reported that, not only was Defendant Stephens “not making any
also indicated on her complaint that Mrs. Stephens referred to her daily
using male pronouns and using her dead name. Zelda also indicated that she
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Teachers continued.
these complaints, took no action, but only advised that a Parent Concern
policy.
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complaint as provided for in the Title IX and school policy against a student,
stating that a student had harassed her, taunted her, made fun of her, verbally
abused her, and called her by male pronouns and her dead name.
107. On or around March 14, 2016, Zelda again met with Defendant
up on her prior written reports. Upon information and belief, the Defendants
did not undertake any investigation, implement any discipline, create any
school, even after being put on notice of the violence Zelda had suffered and
109. In late April or early May of 2016, two students made a false report to
Defendant Shingleton that Zelda had used the females’ restroom. The
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assault.
school’s electronic surveillance videos to confirm that the person that had
reported her was actually one of the students that had repeatedly bullied her.
111. Zelda was so upset about this allegation and Defendant Shingleton’s
gone totally ignored—that she did not return to school for several days
thereafter.
112. Zelda missed school on May 9, 2016 due to the threats, violence,
113. On May 12, 2016, Zelda quit school. On her Student Exit Interview
form based on Senate Bill 334, Alabama Act 2009-564, she stated as the
114. Although Defendant Board was aware that Zelda was forced to quit
school after one (1) year because of the widespread harassment, bullying,
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Principals never attempted to contact Zelda or her parents, did not do any
discrimination by other students, and did not take any action to deter the
115. Title IX provides that no person in the United States shall, on the
basis of sex, be excluded from participation in, be denied the benefits of, or
the United States Department of Education, and therefore subject to Title IX.
circumstances.
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118. The Eleventh Circuit has noted that “sex discrimination includes
Chavez v. Credit Nation Auto Sales, LLC, 641 F. App’x 883, 884 (11th Cir.
119. As the Eleventh Circuit has recognized, a school entity may be liable
F.3d 948, 973-974 (11th Cir. 2015); Williams v. Bd. of Regents, 477 F.3d
121. At all relevant times, Defendant Principal Balentine was the highest
ranking school official at Grissom High School who was present every day.
She was the first line of responsibility for ensuring that the students in her
school are safe. As such, she is an “appropriate person” under Title IX. See
Hill v. Cundiff, 797 F.3d 948, 971 (11th Cir. 2015). Although there is more
than one (1) assistant principal at Grissom High School, Defendant Cohn
was the assistant principal assigned to Zelda’s grade level and Defendant
Shingleton was on actual notice of at least two (2) instances of bullying that
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herein.
harassment causing Zelda to feel unsafe and uncomfortable using the boys’
and other students’ consistent refusal to call Zelda by her chosen name and
High School.
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to: other students making crass, transphobic, and disparaging remarks in the
causing Zelda to being made to feel unsafe and uncomfortable using the
Defendant Staley, and other students’ consistent refusal to call Zelda by her
discrimination”).
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125. This harassment created a hostile environment for Zelda and caused
b) as she was forced to use the nurse’s bathroom, which was across campus
from many of her classes, she was frequently late to class; c) she missed
many days of school due to the anxiety and stress that resulted from said
harassment and deter future occurrences; and finally d) she ultimately quit
harassment-free education.
126. Defendant Board acted with deliberate indifference to its actual notice
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Education class, ultimately causing her to fail the class because she did not
129. Defendant Board is liable under Title IX for failing to promptly and
130. Defendant Board is liable under Title IX for failing to address and
131. Defendant Board is liable under Title IX for failing to take steps
132. Defendant Board is liable under Title IX for ostracizing Zelda and
consistent with their gender identity, but transgender students are banned
134. By banning Zelda from access and use of single-sex facilities that are
consistent with her gender identity, Defendant Board excluded Zelda from
participation in, denied her the benefits of, and subjected her to
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the basis of sex, in violation of Title IX. For example, the Defendants
forcing Zelda to use the nurse’s restroom as described herein meant that
Zelda sometimes had to miss classroom time simply to relieve herself, and
Zelda by stigmatizing her and treating her as lesser than other girls, which
culminating in her leaving high school altogether and being denied the
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restated herein.
consistent with one’s gender identity, is protected speech under the First
Amendment.
rights of free speech and expression by reporting her and harassing her for
her clothing, which was within dress code, ultimately leading to Zelda being
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the name of her choosing, although they allowed other students to be called
by treating Zelda differently than other females by: refusing to allow her to
dress in feminine clothing within dress code; refusing to allow her access to
the female facilities consistent with her expression of her gender identity or
under her chosen name or as a female at all; and refusing to recognize her by
including by her name, her clothing, and her activities, violating her
the yearbook, even though other students were identified by their chosen
of expression.
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routinely called other students whose gender they agreed with by their
chosen names.
endure it.
fees, costs, and any other relief available under Federal law.
restated herein.
consistent with one’s gender identity, is protected speech under the First
Amendment.
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and retaliated against Zelda for identifying as a female, which was contrary
to the Defendants’ own personal beliefs, and allowed their personal beliefs
Zelda.
The policies had the effect of degrading and demeaning Zelda and treating
her differently than other females by: refusing to allow her to wear feminine
clothing within dress code; refusing to allow her access to the female
the yearbook under her chosen name; and refusing to recognize her by her
her name, her clothing, and her activities—in retaliation for Zelda’s
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Zelda’s chosen name and instead referred to her only as “Russ,” “James
any name they preferred as long as the student was not transgender,
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locker room and forcing her to instead change clothes for Physical Education
160. Defendant Moran also gave Zelda a failing Physical Education grade
without warning when she tried to escape the bullying and harassment, in
male and calling her only by her dead name, locked Zelda out of the building
during class while allowing all other students to go in through the female
locker room, refused to give Zelda instructions as to when she was not
supposed to dress out, and gave Zelda a failing grade, all in retaliation for
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and expressions.
DesRosier harassed Zelda by deliberately calling her by her dead name and
referring to her by only male pronouns every single day during roll call,
even after Zelda corrected her. Despite being put on actual notice of Zelda’s
Constitutional rights.
Staley harassed Zelda by deliberately calling her by her dead name and
referring to her by only male pronouns, even after Zelda corrected her.
Despite being put on actual notice of Zelda’s gender identity and female
167. These actions were so adverse that they would chill a person of
ordinary firmness from continuing in the activity and likewise, these actions
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culminating in her being forced out of school and being denied the ability to
injuries.
restated herein.
172. Defendants were acting under color of state law for purposes of 42
U.S.C. § 1983.
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175. Grissom High School has one (1) head Principal and more than one
(1) assistant principal, all of which are the highest ranking school officials at
Grissom High School who were present every day and were responsible for:
supervision of the school to ensure that the students in their school are safe
harassment, and discrimination to ensure that the students in their school are
safe and protected; and training employees and students in school regarding
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Zelda by her chosen name and pronouns; and Defendant Principals and
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discrimination.
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signed up so that she could not participate, and she missed many days of
school due to the anxiety and stress that resulted from said gender-based
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female by: refusing to allow her to dress in feminine clothing that complied
with the dress code; refusing to allow her access to the female restroom;
in the harassment of Zelda by calling her a male and referring to her only by
from school.
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she was required to participate in the men’s Physical Education class and
dress out in the men’s locker room, she feared for her physical safety and
wellbeing. Zelda was ultimately set up to fail the class, as she was required
to dress for class but was denied access to a safe environment in which to
do so.
and Defendant Wellington are liable under 42 U.S.C. 1983 for failing to
and Defendant Wellington are liable under 42 U.S.C. 1983 for failing to take
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and Defendant Wellington are liable under 42 U.S.C. 1983 for treating Zelda
differently and allowing the other Defendants to treat Zelda differently based
restated herein.
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requirements.
and Defendant Wellington were required to train and supervise teachers and
basis, including, but not limited to: other students making crass, transphobic,
Zelda; other students’ harassment causing Zelda to being made to feel unsafe
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refusal to call Zelda by her chosen name and pronouns; and Defendant
to: other students making crass, transphobic, and disparaging remarks in the
causing Zelda to being made to feel unsafe and uncomfortable using the
Defendant Staley, and other students’ consistent refusal to call Zelda by her
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leaving high school altogether and being denied the ability to attend public
school.
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Zelda experienced, but failed and refused to take any action to address it.
the United States Constitution, Defendant Principal acted under the color
of state law.
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Substantive Due Process Clause and the Equal Protection Clause of the
had also had the affirmative duty to intervene to prevent others from
being violated. For the seventeen (17) months that Zelda was a student at
harassment.
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failed to do so.
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damages, attorneys’ fees and costs pursuant to 42 U.S.C. § 1988, and such
other and further relief as this Court finds just and proper.
restated herein.
and discrimination Zelda experienced, but failed and refused to take action
to address it.
223. Defendant Coln was put on direct notice of the harassment, bullying,
United States Constitution, Defendant Coln acted under the color of state
law.
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226. The effect of the discrimination, bullying, and harassment, and the
above, has deprived Zelda of her statutory and constitutional rights under the
Clause and the Equal Protection Clause of the Fourteenth Amendment to the
227. Defendant Coln was not only required to refrain from personally
violating Zelda’s clearly established constitutional rights, but had also had
seventeen (17) months that Zelda was a student at Grissom High School,
ability to do so.
228. Zelda has a constitutional right to be free from sexual harassment and
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230. Defendant Coln had actual and constructive knowledge and knew or
bullying, and harassment by singling Zelda out and forcing her to change
232. Defendant Coln is an official (or appropriate person) whose overt acts
and other third parties’ observed and reported discrimination, bullying, and
1983 because a causal connection exists between his acts and the violations
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supervising official on notice of the need to correct the abuse and provide
damages, attorneys’ fees and costs pursuant to 42 U.S.C. § 1988, and such
other and further relief as this Court finds just and proper.
restated herein.
and discrimination Zelda experienced, but failed and refused to take action.
239. Defendant Moran was put on direct notice of the harassment, bullying,
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United States Constitution, Defendant Moran acted under the color of state
law.
242. The effect of the discrimination, bullying, and harassment, and the
above, has deprived Zelda of her statutory and constitutional rights under the
Clause and the Equal Protection Clause of the Fourteenth Amendment to the
243. Defendant Moran personally observed and allowed students under his
direct supervision and control to: make Zelda the subject of crass and
several occasions as listed above; harass and intimidate Zelda when she was
244. Defendant Moran was not only required to refrain from personally
violating Zelda’s clearly established constitutional rights, but had also had
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seventeen (17) months that Zelda was a student at Grissom High School,
ability to do so.
245. Zelda has a constitutional right to be free from sexual harassment and
in public schools.
247. Defendant Moran had actual and constructive knowledge and knew or
presence.
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injury to Zelda.
§ 1983 because a causal connection exists between his acts and the
harassment, threats, and discrimination which took place in his presence, and
failing to intervene when said behavior took place in his presence or was
Board.
damages, attorneys’ fees and costs pursuant to 42 U.S.C. § 1988, and such
other and further relief as this Court finds just and proper.
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restated herein.
take action.
her only by male pronouns and calling her “sir,” against Zelda’s wishes and
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Title IX by refusing, based on her own personal beliefs, Zelda’s access to the
female facilities (or reasonable accommodations) as she did all of her other
non-transgender students.
Title IX by refusing, based on her own personal beliefs, to treat Zelda with
dignity or allow her to fully participate in activities as she did all of her other
non-transgender students.
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Title IX by intentionally locking Zelda out of the gym building based on her
personal beliefs.
state law.
263. The effect of the discrimination, bullying, and harassment, and the
above, has deprived Zelda of her statutory and constitutional rights under the
Clause and the Equal Protection Clause of the Fourteenth Amendment to the
264. Zelda has a constitutional right to be free from sexual harassment and
in public schools.
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266. Defendant Stephens had actual and constructive knowledge and knew
injury to Zelda.
U.S.C. § 1983 because a causal connection exists between her acts and the
and failing to intervene when said behavior took place in her presence or
Board.
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damages, attorneys’ fees and costs pursuant to 42 U.S.C. § 1988, and such
other and further relief as this Court finds just and proper.
restated herein.
and discrimination Zelda experienced, but failed and refused to take action.
273. Defendant Staley was put on direct notice of the harassment, bullying,
United States Constitution, Defendant Staley acted under the color of state
law.
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her only by male pronouns and calling her “sir,” against Zelda’s wishes and
presence.
279. The effect of the discrimination, bullying, and harassment, and the
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above, has deprived Zelda of her statutory and constitutional rights under the
Clause and the Equal Protection Clause of the Fourteenth Amendment to the
280. Zelda has a constitutional right to be free from sexual harassment and
in public schools.
282. Defendant Staley had actual and constructive knowledge and knew or
injury to Zelda.
§ 1983 because a causal connection exists between her acts and the
place in her presence, and failing to intervene when said behavior took place
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damages, attorneys’ fees and costs pursuant to 42 U.S.C. § 1988, and such
other and further relief as this Court finds just and proper.
restated herein.
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state law.
292. The effect of the discrimination, bullying, and harassment, and the
above, has deprived Zelda of her statutory and constitutional rights under the
Clause and the Equal Protection Clause of the Fourteenth Amendment to the
293. Zelda has a constitutional right to be free from sexual harassment and
in public schools.
harassment.
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presence.
her only by male pronouns and calling her “sir,” against Zelda’s wishes and
based on her own personal beliefs and after repeated requests to stop.
U.S.C. § 1983 because a causal connection exists between her acts and the
the bullying, harassment, threats, and discrimination which took place in her
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presence, and failing to intervene when said behavior took place in her
damages, attorneys’ fees and costs pursuant to 42 U.S.C. § 1988, and such
other and further relief as this Court finds just and proper.
restated herein.
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state law.
307. The effect of the discrimination, bullying, and harassment, and the
above, has deprived Zelda of her statutory and constitutional rights under the
Clause and the Equal Protection Clause of the Fourteenth Amendment to the
308. Zelda has a constitutional right to be free from sexual harassment and
in public schools.
harassment.
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her only by male pronouns and calling her “sir,” against Zelda’s wishes and
presence.
disciplining students, but rather ratified the other students’ bullying and
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U.S.C. § 1983 because a causal connection exists between his acts and the
the bullying, harassment, threats, and discrimination which took place in his
presence, and failing to intervene when said behavior took place in his
damages, attorneys’ fees and costs pursuant to 42 U.S.C. § 1988, and such
other and further relief as this Court finds just and proper.
restated herein.
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state law.
323. The effect of the discrimination, bullying, and harassment, and the
above, has deprived Zelda of her statutory and constitutional rights under the
Clause and the Equal Protection Clause of the Fourteenth Amendment to the
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324. Zelda has a constitutional right to be free from sexual harassment and
in public schools.
326. Defendant Langford had actual and constructive knowledge and knew
presence.
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injury to Zelda.
U.S.C. § 1983 because a causal connection exists between her acts and the
and failing to intervene when said behavior took place in her presence or
Board.
damages, attorneys’ fees and costs pursuant to 42 U.S.C. § 1988, and such
other and further relief as this Court finds just and proper.
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restated herein.
335. Zelda and third parties put Defendant Wellington on direct notice of
state law.
338. The effect of the discrimination, bullying, and harassment, and the
above, has deprived Zelda of her statutory and constitutional rights under the
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Clause and the Equal Protection Clause of the Fourteenth Amendment to the
339. Zelda has a constitutional right to be free from sexual harassment and
in public schools.
harassment.
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U.S.C. § 1983 because a causal connection exists between her acts and the
reports of said behavior, and failing to intervene when said behavior took
place in her presence or was directly reported to her, allowed the bullying,
damages, attorneys’ fees and costs pursuant to 42 U.S.C. § 1988, and such
other and further relief as this Court finds just and proper.
Wherefore, Zelda requests that this Court provide the following relief:
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the future;
/s/Abbey Clarkson
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/s/Cameron L. Hogan
Cameron L. Hogan (HOG010)
OF COUNSEL:
OF COUNSEL:
Casey Wardynski
c/o FISH Technologies
16775 Addison Road
Suite 550
Addison, TX 75001
Rebecca Balentine
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Connie Stephens
Grissom High School
1001 Haysland Road SW
Huntsville, AL 35803
Jake Moran
Grissom High School
1001 Haysland Road SW
Huntsville, AL 35803
Diane Staley
Grissom High School
1001 Haysland Road SW
Huntsville, AL 35803
Alicia DesRosier
Grissom High School
1001 Haysland Road SW
Huntsville, AL 35803
Maurice Shingleton
Grissom High School
1001 Haysland Road SW
Huntsville, AL 35803
Amy Langford
Grissom High School
1001 Haysland Road SW
Huntsville, AL 35803
Shirley Wellington
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94