MURRELL v. SCHOOL DIST. NO. 1, DENVER, COLORADO

No. 97-1055.

186 F.3d 1238 (1999)

Penelope C. MURRELL, on her own behalf and as mother and guardian ad litem of Penelope C. Jones; and Penelope C. Jones, Plaintiffs-Appellants, v. SCHOOL DISTRICT NO. 1, DENVER, COLORADO, also known as Denver Public Schools; School District No. 1, Board of Education, also known as Denver Public Schools Board of Education; Vivian Johnston, individually and in her capacity as Principal of George Washington High School; Kathleen Brady, individually and in her capacity as Teacher; Nelia Hicks, individually and in her capacity as Teacher; Irv Moskowitz, in his capacity as the Superintendent of Denver Public Schools, Defendants-Appellees, Now Legal Defense and Education Fund; ACLU Women's Rights Project; Connecticut Women's Education and Legal Defense Fund; Equal Rights Advocates; National Women's Law Center; Northwest Women's Law Center; Texas Civil Rights Project; Title IX Advocacy Project; Women's Legal Defense Fund; National Association of School Psychologists; National Association of School Workers; Lambda Legal Defense and Education Fund, Inc.; United States of America, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

August 4, 1999.


Attorney(s) appearing for the Case

David C. Feola, King Clexton & Feola, LLC, Denver, Colorado (Alan K. Molk, Lapuyade, Washington & Molk, L.L.C., Denver, Colorado, with him on the briefs), for Plaintiffs-Appellants.

Yolanda S. Wu (Martha F. Davis and Julie Goldscheid with her on the brief) of NOW Legal Defense and Education Fund, New York, New York, for Amici Curiae NOW Legal Defense and Education Fund, ACLU Women's Rights Project, Connecticut Women's Education and Legal Defense Fund, Equal Rights Advocates, National Women's Law Center, Northwest Women's Law Center, Texas Civil Rights Project, Title IX Advocacy Project, Women's Legal Defense Fund on behalf of Plaintiffs-Appellants.

Patrick B. Mooney (Martin Semple with him on the brief) of Semple & Mooney, P.C., Denver, Colorado, for Defendants-Appellees.

Isabelle Katz Pinzler, Acting Assistant Attorney General; and Dennis J. Dimsey and Seth M. Galanter, Attorneys, Department of Justice, Washington, DC, filed a brief for Amicus Curiae United States of America.

Beatrice Dohrn, Legal Director; and David S. Buckel and Ruth E. Harlow of Lambda Legal Defense Fund, Inc., New York, New York, filed a brief for Amici Curiae National Association of School Psychologists, National Association of Social Workers, and Lambda Legal Defense and Education Fund, Inc.

Before SEYMOUR, Chief Judge, ANDERSON and LUCERO, Circuit Judges.


SEYMOUR, Chief Judge.

Penelope C. Murrell brought this action on her own behalf and as guardian ad litem for her daughter, Penelope C. Jones, against School District Number 1, Denver, Colorado (the School District). In her complaint, Ms. Murrell asserted that the School District violated Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq., based on the School District's alleged knowledge of and failure to remedy sustained...

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