BRZONKALA v. VA POLYTECHNIC INSTITUTE

Nos. 96-1814, 96-2316.

132 F.3d 949 (1997)

Christy BRZONKALA, Plaintiff-Appellant, v. VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY; Antonio J. Morrison; James Landale Crawford, Defendants-Appellees, and Cornell D. Brown; William E. Landsidle, in his capacity as Comptroller of the Commonwealth, Defendants. Law Professors; Virginians Aligned Against Sexual Assault; The Anti-Defamation League; Center for Women Policy Studies; The Dc Rape Crisis Center; Equal Rights Advocates; The Georgetown University Law Center Sex Discrimination Clinic; Jewish Women International; The National Alliance of Sexual Assault Coalitions; The National Coalition Against Domestic Violence; The National Coalition Against Sexual Assault; The National Network to End Domestic Violence; National Organization for Women; Northwest Women's Law Center; The Pennsylvania Coalition Against Domestic Violence, Incorporated; Virginia National Organization for Women; Virginia NOW Legal Defense and Education Fund, Incorporated; Women Employed; Women's Law Project; Women's Legal Defense Fund; Independent Women's Forum; Women's Freedom Network, Amici Curiae. UNITED STATES of America, Intervenor-Appellant, and Christy Brzonkala, Plaintiff, v. Antonio J. MORRISON; James Landale Crawford, Defendants-Appellees, and Virginia Polytechnic Institute and State University; Cornell D. Brown; William E. Landsidle, in his capacity as Comptroller of the Commonwealth, Defendants. Law Professors; Virginians Aligned Against Sexual Assault; The Anti-Defamation League; Center for Women Policy Studies; The DC Rape Crisis Center; Equal Rights Advocates; The Georgetown University Law Center Sex Discrimination Clinic; Jewish Women International; The National Alliance of Sexual Assault Coalitions; The National Coalition Against Domestic Violence; The National Coalition Against Sexual Assault; The National Network to End Domestic Violence; National Organization for Women; Northwest Women's Law Center; The Pennsylvania Coalition Against Domestic Violence, Incorporated; Virginia National Organization for Women; Virginia NOW Legal Defense and Education Fund, Incorporated; Women Employed; Women's Law Project; Women's Legal Defense Fund; Independent Women's Forum; Women's Freedom Network, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided December 23, 1997.


Attorney(s) appearing for the Case

ARGUED: Julie Goldscheid, NOW Legal Defense and Education Fund, New York City; Deborah L. Brake, National Women's Law Center, Washington, DC; Mark Bernard Stern, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for Appellants. Kay Heidbreder, Associate General Counsel/Special Assistant Attorney General, Virginia Polytechnic Institute and State University, Blacksburg, Virginia; Michael E. Rosman, Center for Individual Rights, Washington, DC, for Appellees. ON BRIEF: Martha F. Davis, NOW Legal Defense and Education Fund, New York City; Eileen N. Wagner, Richmond, VA, for Appellant Brzonkala; Frank W. Hunger, Assistant Attorney General, Robert P. Crouch, Jr., United States Attorney, Stephen W. Preston, Deputy Assistant Attorney General, Alisa B. Klein, Anne M. Lobell, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for Appellant United States. Jerry D. Cain, General Counsel/Special Assistant Attorney General, Virginia Polytechnic Institute and State University, Blacksburg, VA; James S. Gilmore, III, Attorney General of Virginia, William H. Hurd, Deputy Attorney General, Office of the Attorney General, Richmond, VA, for Appellee VPI. Hans F. Bader, Center for Individual Rights, Washington, DC; W. David Paxton, M. Christina Floyd, Gentry, Locke, Rakes & Moore, Roanoke, VA, for Appellee Morrison; Joseph Graham Painter, Jr., Painter, Kratman, Pethybridge, Swindell & Crenshaw, Blacksburg, VA, for Appellee Crawford. Sara D. Schotland, Amy W. Schulman, Cleary, Gottlieb, Steen & Hamilton, Washington, DC, for Amicus Curiae Law Professors. Janice Redinger, Virginians Aligned Against Sexual Assault, Charlottesville, VA; Minna J. Kotkin, Sara Kay, Federal Litigation Program, BLS Legal Services Corporation, Brooklyn, NY, for Amici Curiae Virginians Aligned Against Sexual Assault, et al. E. Duncan Getchell, Jr., J. William Boland, Robert L. Hodges, McGuire, Woods, Battle & Boothe, L.L.P., Richmond, VA, for Amicus Curiae Independent Women's Forum. Michael D. Weiss, Lawson, Weiss & Danziger, Houston, TX, for Amicus Curiae Women's Freedom Network.

Before HALL, LUTTIG, and MOTZ, Circuit Judges.


Reversed and remanded by published opinion. Judge MOTZ wrote the majority opinion, in which Judge HALL joined. Judge LUTTIG wrote a dissenting opinion.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

This case arises from the gang rape of a freshman at the Virginia Polytechnic Institute by two members of the college football team, and the school's decision to impose only a nominal punishment on the rapists. The...

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