Lisa SIMPSON; Anne Gilmore, Plaintiffs-Appellants,
v.
UNIVERSITY OF COLORADO BOULDER, through its Board; The Regents of the University of Colorado, Defendants-Appellees,
American Civil Liberties Union; American Civil Liberties Union Foundation of Colorado, Inc.; Asian American Legal Defense & Education Fund; California Women's Law Center; Connecticut Women's Education and Legal Fund; Lawyers' Committee for Civil Rights Under Law; Legal Momentum; Mexican American Legal Defense and Educational Fund, Inc.; National Asian Pacific American Women's Forum; National Association for the Advancement of Colored People; NAACP Legal Defense and Educational Fund, Inc.; National Partnership for Women and Families; Northwest Women's Law Center; Sargent Schriver National Center on Poverty Law; Southwest Women's Law Center; Women's Law Project; Women's Sports Foundation; American Association of University Women; AAUW Educational Foundation; National Coalition Against Violent Athletes; Security on Campus, Inc.; Jay Coakley, Ph.D.; Angela Hattery, Ph. D.; Mary G. McDonald, Ph.D.; Michael A. Messner, Ph.D.; Don Sabo, Ph.D.; Allen Sack, Ph.D.; Earl Smith, Ph.D.; Ellen Staurowsky, Ph.D.; Stephen Walk, Ph.D., Amicus Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
September 6, 2007.
September 6, 2007.
Attorney(s) appearing for the Case
Blaine P. Kerr, Hutchinson Black and Cook, LLC, Boulder Colorado (Kimberly M. Hult, Christopher W. Ford, Hutchinson Black and Cook, LLC; Honorable Patricia M. Wald, Washington, DC; Pamela S. Karlan, Stanford Law School, Stanford, CA; Jocelyn Samuels, Dina R. Lassow, Neena K. Chaudhry, Ellen Eardly, of counsel, Washington, DC, with her on the briefs, for the Plaintiff-Appellant Simpson; and Seth J. Benezra, John A Culver, Benezra & Culver, LLC, Lakewood, CO, and Peggy R. Jessel, Peggy Jessel, LLC, Boulder, CO, with her on the briefs, for Plaintiff-Appellant Gilmore).
Patrick T. O'Rourke, Office of University Counsel, Denver, Colorado, (David P. Temple, Office of University Counsel; Daniel M. Reilly, Larry S. Pozner, Sean Connelly, Reilly, Pozner & Connelly LLP, Denver, Colorado, with him on the briefs), for the Defendants-Appellees.
Jonathan J. Frankel, Thomas P. Olson, Katherine A. Gillespie, Sarah K. Hurwitz, Anjana Malhotra, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, filed an amicus curiae brief on behalf of Women's Sports Foundation, American Association of University Women, AAUW Educational Foundation, National Coalition Against Violent Athletes, Security on Campus, and Professors Who Study Gender, Violence and Sports, in support of Plaintiffs-Appellants.
Lenora M. Lapidus, American Civil Liberties Union Foundation, New York, NY, filed an amicus curiae brief on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation of Colorado, Asian American Legal Defense and Education Fund, California Women's Law Center, Connecticut Women's Education and Legal Fund, Lawyers' Committee for Civil Rights Under Law, Legal Momentum, Mexican American Legal Defense and Educational Fund, Inc., National Asian Pacific American Women's Forum, National Association for the Advancement of Colored People, NAACP Legal Defense and Educational Fund, Inc., National Partnership for Women and Families, Northwest Women's Law Center, Sargent Shriver National Center on Poverty Law, Southwest Women's Law Center, and Women's Law Project, in support of Plaintiffs-Appellants.
Before HARTZ, McKAY, and GORSUCH, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
HARTZ, Circuit Judge.
Lisa Simpson and Anne Gilmore (Plaintiffs) claim that they were sexually assaulted on the night of December 7, 2001, by football players and recruits of the University of Colorado at Boulder (CU). They brought this action against CU under Title IX of the Education Amendments of 1972. See 20 U.S.C. §§ 1681-1688. The district court granted summary judgment for CU, see Simpson v. Univ. of Colo.,372 F...
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