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BROWN v. ARIZONA

No. 20-15568.

82 F.4th 863 (2023)

MacKenzie BROWN, a single woman, Plaintiff-Appellant, v. State of ARIZONA; Arizona Board of Regents, dba University of Arizona, a constitutionally created body corporate, Defendants-Appellees, and Richard A. Rodriquez; Rita Rodriquez, Defendants, v. Lida DeGroote, Third-party-plaintiff.

United States Court of Appeals, Ninth Circuit.

Filed September 25, 2023.

Attorney(s) appearing for the Case

Alexandra Z. Brodsky (argued), Adele P. Kimmel , and Mollie Berkowitz , Public Justice PC, Washington, D.C.; Isabel M. Humphrey , Hunter Humphrey & Yavitz PLC, Phoenix, Arizona; Jim Davy , All Rise Trial & Appellate, Philadelphia, Pennsylvania; for Plaintiff-Appellant.

Stephanie S. Elliott (argued), Assistant Attorney General; Mark Brnovich , Arizona Attorney General; Office of the Arizona Attorney General, Phoenix, Arizona; Claudia A. Collings , Assistant Attorney General, Office of the Arizona Attorney General, Tucson, Arizona; for Defendants-Appellees.

Jason Lee (argued) and Kristen Clarke , Assistant Attorneys General; Nicolas Y. Riley , Attorney; United States Department of Justice, Civil Rights Division/Appellate Section, Washington, D.C.; Lisa Brown , General Counsel; Vanessa Santos and Mary Rohmiller , Attorneys, United States Department of Education, Office of the General Counsel, Washington, D.C.; for Amicus Curiae United States Department of Education.

John C. Clune , Daniel D. Williams , Colleen M. Koch , and Matthew A. Simonsen , Hutchinson Black and Cook LLC, Boulder, Colorado; Shiwali Patel , Hunter Iannucci , Sunu Chandy , and Emily Martin , National Women's Law Center, Washington, D.C.; for Amici Curiae National Women's Law Center and 31 Additional Organizations.

Gemma Donofrio , Relman Colfax PLLC, Washington, D.C, for Amici Curiae Professor Paul Bender, et al.

Opinion by Judge W. Fletcher; Concurrence by Judge Friedland; Dissent by Judge Rawlinson; Dissent by Judge R. Nelson; Dissent by Judge Lee.

OPINION

Orlando Bradford, attending the University of Arizona on a football scholarship, repeatedly and violently assaulted his girlfriend and fellow student Mackenzie Brown over the course of several months in the summer and early fall of 2016. Bradford's last assaults were extremely violent. They took place...

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