WELLS v. CREIGHTON PREPARATORY SCHOOL

No. 22-2340.

82 F.4th 586 (2023)

Elijah WELLS, BY AND THROUGH his mother Suzanne GLOVER, Plaintiff-Appellant v. CREIGHTON PREPARATORY SCHOOL, in its official capacity Defendant-Appellee James Bopp, in his individual capacity; Sterling Brown, in his individual capacity, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: September 20, 2023.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the brief was Keith L. Altman , of Farmington Hills, MI.

Counsel who presented argument on behalf of the appellee was William N. Beerman, of Omaha, NE. The following attorney also appeared on the appellee brief; Patrick M. Flood , of Omaha, NE.

Before SHEPHERD, STRAS, and KOBES, Circuit Judges.


Creighton Preparatory School expelled Elijah Wells after he made lewd remarks about a teacher. We must decide whether he plausibly alleged that the school discriminated against him "on the basis of sex," 20 U.S.C. § 1681(a), and, if not, whether he may sue anyway for its failure to follow Title IX's administrative requirements...

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