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ROUBIDEAUX v. N.D. DEPT. OF CORRECTIONS AND REHAB.

No. 07-3780.

570 F.3d 966 (2009)

Julie ROUBIDEAUX, individually and on behalf of a class of similarly situated persons; Shelly Grossman, individually and on behalf of a class of similarly situated persons, Appellants, v. NORTH DAKOTA DEPARTMENT OF CORRECTIONS AND REHABILITATION; Elaine Little, individually; Timothy Schuetzle, individually and in his capacity as Prisons Director of the Department of Corrections and Rehabilitation; Don Redmann, individually and in his capacity as Warden of the James River Correctional Center; Southwest Multi-County Correctional Center; Leann K. Bertsch, in her official capacity as Director of the DOCR, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 2, 2009.

Attorney(s) appearing for the Case

Christopher Brancart, argued, Pescadero, CA, Elizabeth Brancart, Pescadero, CA, John G. Humphrey, Alexandria, VA, on the brief, for appellant.

Jean R. Mullen, AAG, argued, Bismarck, ND, for appellee.

Michael C. Waller, argued, Bismarck, ND, for Southwest Multi-County Correctional Center.

Before MURPHY, HANSEN, and RILEY, Circuit Judges.

HANSEN, Circuit Judge.

Two North Dakota prison inmates, Julie Roubideaux and Shelly Grossman, representing a certified class of female inmates (collectively "the Female Inmates"), brought this sex discrimination suit pursuant to 42 U.S.C. § 1983 and Title IX of the Education Amendments of 1972, see 20 U.S.C. § 1681(a), alleging, among other things, that from 1997 to the present, the North Dakota prison system...

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