U.S. - Federal Courts and Various States

Abortion-providing physicians in Arkansas filed a 18 USC §1983 action in District Court seeking a permanent injunction against Arkansas Code Ann §20?16?1203(a), which revokes the license of physicians who perform abortions of fetuses beyond the point when the fetal heartbeat can be detected, about 12 weeks. The physicians were granted the injunction, and the State appealed. The Eighth Circuit Court of Appeals upheld the injunction, finding that this statute violated women’s right to terminate pregnancy as set out in Roe v. Wade, which allows for abortion up to the point of fetal viability. The court also notes that viability should be determined on a case-by-case basis and that viability is being pushed sooner and sooner with advancing medical research.

Ms. McQueary was discharged from Wal-Mart and alleged that her employer violated the Illinois Human Rights Act by discharging her on the basis of gender. Her employer claimed that it discharged her after she left her shift early, which she had done due to harassment from her male co-workers. After the administrative judge recommended liability, the Illinois Human Rights Commission (HRC) sustained the complaint and ordered the award of damage and reinstatement of Mrs. McQueary. Wal-Mart argues that the employee failed to prove the fourth prong of a prima facie cause of unlawful discrimination—that employees in a similar situation who were not members of a protected group were not discharged. The Court of Appeals ruled that this was met though when they examined Wal-Mart’s treatment of similar employees and found that the male employees who also left their shift early were not automatically discharged. The Court affirmed the judgment of the HRC.

The petitioner filed for an order of protection for her minor child against the respondent, Bradley W., the child’s father. On appeal, the defendant argued that the trial court made a mistake in applying section 606(e) of the Marriage Act to admit the minor child’s hearsay statements alleging sexual abuse by the father. The Court of Appeals looked at two different statutes that could apply to the legal issue, and according to the rule of statutory construction the more specific statute governed, which is what the trial court had followed. The Court decided that they were in no position to question the trial court’s conclusions, so they affirmed the judgment.

Defendant James Mozie ran prostitution ring from his house, commonly known as the Boom Boom Room by his customers. Mozie recruited vulnerable teenage girls by posing as a modeling agent, luring them to the Boom Boom Room, and forcing them to have sex with him and his customers. In 2011, law enforcement agents raided the Boom Boom Room and Mozie was subsequently charged with one count of conspiring to commit child sex trafficking in violation of 18 U.S.C. § 1594(c), eight counts of child trafficking in violation of 18 U.S.C. § 1591(a) and one count of producing child pornography in vilation of 18 U.S.C. § 2251(a). The jury convicted Mozie of all ten counts and he was sentenced to the guideline-recommended sentence of life imprisonment. On appeal, Mozie claimed his conviction under 18 U.S.C. § 1591(a) violated the Fifth Amendment’s Due Process Clause. Mozie argued that the statute is facially unconstitutional because it allows the government to obtain a conviction without proving beyond a reasonable doubt that the defendant knew his victim was a minor. The Court held that the statute is not unconstitutional because it requires the Government to prove beyond a reasonable doubt that the defendant had a reasonable opportunity to observe the victim. If such element is proven, then the Government need only prove that the defendant recklessly disregarded that victims age. The Court explained that the Due Process clause does not prevent Congress from criminalizing reckless conduct, especially in the context of statutory rape and other measures to protect young children from sexual exploitation. Additionally, Mozie contended that his conviction should be reversed because his indictment was constructively amended by the district court. Mozie’s indictment alleged conjunctively that he knew and recklessly disregarded his victims’ age. The district court, however, instructed the jury that they could convict Mozie “if they found he either knew his victims were minor or recklessly disregarded the fact that they were minors.” The Court held that there was no constructive amendment of the indictment because when an indictment charges in the conjunctive, the jury instructions may properly be framed in the disjunctive.

Cece, a young Albanian woman fled Albania to avoid trafficking and prostitution rings which target young women living alone. While living alone in Korce, Cece caught the attention of one of the leaders of a well-known prostitution ring. He followed, harassed, and threatened Cece. Her reports of the assault to the authorities were perfunctorily dismissed. Thereafter, Cece fled to the United States (“U.S.”) using a fraudulently procured Italian passport, whereupon she filed for asylum and withholding of removal within the one-year statutory period. Her claim was based on fear of returning to Albania as a young woman living alone. The immigration judge granted Cece’s asylum claim finding that her fear of returning to Albania was well founded because she belonged to a particular social group composed of “young Albanian women who are targeted for prostitution by traffickers” and that the government of Albania was unable or unwilling to protect such women. The Board of Immigration Appeals vacated the judge’s decision, holding that the judge erred in finding that Cece had established membership in a particular social group. On appeal, the Seventh Circuit Court of Appeals found that Cece was a member of particular social group cognizable under 8 U.S.C. § 1101(a)(42)(A) and therefore eligible for asylum. Specifically, the Court found that the particular social group identified by the immigration judge – young Albanian women living alone and thus vulnerable to being trafficked – met the immutability requirements of 8 U.S.C. § 1101(a)(42)(a) because it is based on common characteristics that members of the group either cannot change or should not be required to change.

After the Department of Homeland Security learned that Ernesto, Alberto and Israel Cortes Castro, were smuggling women from Mexico into the U.S. for forced prostitution, they were charged with conspiring to traffic women for prostitution by force or coercion in violation of 18 U.S.C. § 1594(c) and other substantive trafficking crimes. The Defendants plead guilty to the conspiring charge in exchange for the dismissal of the other charges. The factual proffer submitted with the plea agreements stated that the Defendants agreed to establish a sex-trafficking business in the U.S. in which women would be transported from Mexico and prostituted in exchange for money. It also detailed the methods employed by the Defendants to defraud, force and coerce women into prostitution. The district court accepted the plea agreements and sentenced the Defendants to 180 months of imprisonment, an upward variation from the 108-135 month range provided by the advisory guidelines. According to the district court, the upward variation was justified by the “unusually heinous, cruel, brutal and degrading” nature of their conduct. Additionally, the court ordered the Defendants to pay $1,239,200 in restitution losses to the victims. On appeal, the Defendants challenged the upward variation and the restitution award. The Eleventh Circuit Court of Appeals found that the district court had not abused its discretion by sentencing the Defendants to terms 45 months over the advisory guidelines range because they had “enslaved, demeaned and debased immigrant women” forcing them into prostitution for several years and subjecting them to mental, physical and emotional abuse. The Court further held that the district court reasonably determined that an upward variation was required to address the “abhorrent nature” of the crimes. Finally, the Court held that the district court did not err in granting the restitution award because the victims were statutorily entitled to compensation and such award was based on factual information in the factual proffer and the presentencing report.

Myra Bradwell petitioned to be admitted to the bar and to be allowed to practice law, but was denied by the Supreme Court of Illinois. The United States Supreme Court upheld this decision, noting that a woman’s freedom to pursue the occupation of a lawyer was not a “privilege and immunity” of Untied States citizenship that was protected from state restriction by the 14th amendment to the United States Constitution. Thus the court found that excluding women from the bar did not violate the U.S. Constitution.

Mr. Jackson, a teacher and basketball coach, brought suit against the Birmingham Board of Education (“Board”), alleging that the Board retaliated against him because he had complained about sex discrimination in the high school’s athletic program. Specifically, Mr. Jackson complained to his supervisors that the girls’ basketball team was not receiving equal funding and equal access to athletic equipment and facilities. After the Board terminated Mr. Jackson’s coaching duties, he filed suit in the United States District Court for the Northern District of Alabama. He alleged that the Board violated Title IX by retaliating against him for protesting the discrimination of the girls’ basketball team. The district court dismissed Mr. Jackson’s complaint on the ground Title IX did not cover claims retaliation, and the Court of Appeals for the Eleventh Circuit affirmed. The Unites States Supreme Court reversed, holding: “We conclude that when a funding recipient retaliates against a person because he complains of sex discrimination, this constitutes intentional ‘discrimination’ ‘on the basis of sex,’ in violation of Title IX.” The Court reached this conclusion, in part, because “[r]eporting incidents of discrimination is integral to Title IX enforcement and would be discouraged if retaliation against those who report went unpunished.” In response to the Board’s claim that it had no notice that Title IX prohibited retaliation, the Supreme Court held that Title IX itself supplied sufficient notice to the Board, as did previous Courts of Appeals decisions that had considered the issue.

Ms. Thoreson brought an action against her employer to recover for 13 under New York Human Rights Law (“Executive Law § 290”). Plaintiff worked at the men’s magazine, Penthouse, and was an aspiring actress and model. The trial Justice found that Plaintiff was pressured into engaging in sexual activity with the company’s business associates. Specifically, she alleged an eighteen-month liaison with a financial advisor. Plaintiff claimed her compliance to engage in the above mentioned activities was an implicit condition of her employment, which was terminated when she refused to participate in a promotional tour in Japan because she was afraid of what she would be required to do while on tour. The trial court found that Plaintiff had stated a sufficient cause of action for which she could recover. The court stated, “Plaintiff’s testimony concerning this matter was contraverted only by Defendant’s blanket denial that the events took place. I do not believe him.” The Appellate Division affirmed the trial court’s holding. Further, it provided that while Defendant’s “observation that Plaintiff willingly embarked upon a career which exploited her sexuality is entirely accurate, it does not preclude the subsequent withdrawal of consent to exploitation, nor does it necessarily imply consent to sexual encounters of the type complained of.”

Thomas Dittrich was accused of having a three-month relationship with his daughter’s thirteen-year-old classmate, the Complaintant. The relationship began when the Complaintant went to Dittrich’s house to visit his daughter, and quickly progressed into a mutual intimate relationship. When the Complaintant’s parents uncovered the relationship, they immediately intervened and a criminal suit was filed against Dittrich. At trial, Dittrich’s family, the Complaintant, and other third parties testified about his conduct with Complaintant. Dittrich’s family recounted his history of domestic violence, to which Dittrich’s attorney did not object. Dittrich also tried to examine Complaintant about her sexual history, but could not overcome Michigan’s rape shield law by offering proof as to his proposed evidence. The jury convicted Dittrich on seven counts of criminal sexual conduct, sentencing him to 95-180 months’ imprisonment. Dittrich appealed to the Michigan Court of Appeals and then to the Michigan Supreme Court, on claims that (1) he was denied effective counsel due to his attorney’s failure to object to his family’s domestic violence testimony, and (2) the court, by denying his motion to examine Complaintant about her sexual history, violated his right to confrontation. Both courts denied relief. In 2007, Dittrich petitioned for a writ of habeas corpus, alleging both ineffective assistance of counsel and a violation of his confrontation right. The district court granted the writ, holding the confrontation violation was harmless, but Dittrich did receive ineffective assistance of counsel. The state appealed that decision and Dittrich cross-appealed on the confrontation claim. The Sixth Circuit reasoned that to prove ineffective assistance of counsel, one must demonstrate that counsel’s performance was deficient, and that the deficient performance prejudiced the defense. Although the court found that Dittrich’s counsel’s performance was deficient, they ruled that the deficiency did not prejudice the defense due to the overwhelming evidence against Dittrich. As to the confrontation claim, the court reviewed Dittrich’s request based on whether the error had substantial and injurious effect or influence in determining the jury’s verdict. The court held that Dittrich’s proposed inquiries into the Complaintant’s sexual history would have been of minimal value. Thus, the court’s decision to exclude the evidence did not have a “substantial and injurious effect” on the jury’s verdict. The court reversed the district court’s grant of habeas relief on Dittrich’s ineffective-assistance claim and affirmed its rejection of his right-to-confrontation claim.

A group of husbands filed suit against the United States and other U.S. officials, challenging the validity of the Violence Against Women Act (VAWA). In particular, they were challenging the portion that permitted aliens who had been battered or subjected to extreme cruelty by their spouses to self-petition for legal permanent resident status. The plaintiffs claimed this created an incentive for their wives and ex-wives to file false police complaints and false applications for temporary restraining orders against them. They further argued that their reputations were harmed and that confidential information about them was being released to third parties. The United States District Court for the Southern District of New York dismissed their suit for lack of standing. Accordingly, the plaintiffs could not challenge VAWA or its self-petition provision. On appeal, the Second Circuit affirmed the district court’s decision. The court held that the plaintiffs’ injury was not fairly traceable to the defendants, but rather to independent actions of their wives or ex-wives who were not before the court. The plaintiffs further failed to state an injury-in-fact, because their claimed injuries were purely speculative. The fear of disclosing confidential information to third parties was dispelled based on the confidentiality provisions of VAWA. Thus, the plaintiffs lacked standing to sue the government and challenge VAWA.

Plaintiffs brought a class action lawsuit against Sweetwater Union School District (the “District”) and several individuals, alleging unequal participation opportunities for females at Castle Park High School (“CPHS”). Plaintiffs argued that Defendants violated Title IX’s provision that prohibits excluding or discriminating against anyone on the basis of sex in educational programs or activities that receive federal financial assistance. The court applied a three-part test to determine whether the District complied with Title IX which included: (1) substantially proportionate athletic opportunities for females; (2) continuing practice of program expansion for females; and (3) the accommodation of females’ interest and abilities. First, the court held that Defendants failed to provide females with substantially proportionate opportunities to participate in athletics, as the number of female students denied the opportunity to participate could have sustained several viable competitive teams. Second, the court held that there was no steady increase in female athletic participation. Even though, as Defendants argued, athletic programs for girls had expanded over the past decade and CPHS had two more teams for girls than for boys, the number of female participants, not the number of teams, determined whether programs had expanded. Third, the court held that Plaintiffs demonstrated evidence of unmet interest and of the ability of CPHS females to participate in field hockey, tennis, and water polo. Defendants’ argument that they could not obtain coaches for the teams was not a valid excuse. The court held that Defendants allowed significant gender-based disparity in violation of Title IX and found for Plaintiffs on their claim of unequal participation opportunities for females.

Ms. Ericson and Ms. Kornechuk brought an action against Syracuse University and its employees under Title IX of the Education Amendments of 1972, 20 U.S.C. section 1681 (“Title IX”) and the Violence Against Women Act, 42 U.S.C. section 13981 (“VAWA”). Plaintiffs alleged that they were sexually harassed by their tennis coach, and that the University was aware of the tennis coach’s behavior and conducted a sham investigatory proceeding to conceal the extent of the tennis coach’s misconduct, which had occurred for more than twenty years. Defendants moved to dismiss the claims. They contended that Title IX did not provide a private right of action and the VAWA claim was barred by the statue of limitations. The court held that there was a private right of action under Title IX pursuant to the U.S. Supreme Court’s decision in Gebser v. Lago Vista Indep. Sch. Dist. (1998). Erickson held that a student who has been sexually harassed by an employee of an institution may bring suit against the institution, under Title IX, for private damages if: (1) the institution has authority to institute corrective measures on its behalf; (2) has actual notice of the behavior; and (3) is deliberately indifferent to its employee’s misconduct. The court found that Plaintiffs’ complaint, on its face, satisfied that standard because it alleged the individuals who investigated the charges against the tennis coach not only had actual notice that the tennis coach had been harassing female student-athletes for twenty years but had also conspired to conduct a sham investigation to conceal the full extent of the coach’s misconduct. The court reasoned that the allegation that the institution knew of the 13 of female-athletes and did not respond adequately was sufficient to state a claim under Title IX. The court also held that the statute of limitations did not bar the Plaintiffs’ claim under the VAWA. VAWA provides a civil cause of action to victims of gender-motivated crimes of violence. It does not contain an express statute of limitations. Accordingly, the court found that it should look to the “most appropriate or analogous state statute of limitations.” The court reasoned that Congress’ stated purpose, in enacting this law, was to “protect the civil rights of victims of gender motivated violence by establishing a federal civil rights cause of action.” Because of Congress’ stated purpose, the court found that the cause of action that was most analogous to VAWA was a personal injury claim, and as such, a three-year statute of limitations should apply. Thus, Plaintiffs’ claim under VAWA was not barred by the statue of limitations because the alleged acts of violence occurred within three years from when Plaintiffs filed their complaint.

The plaintiff sought a protection order against the defendants, a father and son, for orders of protection. The trial court awarded an order of protection against the son, but not against the father. The Court of Appeals considered whether there was a family relationship between the plaintiff and the defendants that permitted issuing an order of protection under the state law and decided that there was a family relationship because the plaintiff’s son had been married to the defendants’ daughter and sister respectively. They relied on previous case law that had found a sufficient relationship between families related by blood. Thus, the Court affirmed the order of the trial court, upholding the order of protection against the son and denying the father’s motion for sanctions.

The defendant plead guilty to violating an order of protection and sentenced to conditional discharge for a period of 12 months. Within that year, the State tried to revoke the conditional discharge alleging that the defendant had again harassed his ex-wife. The circuit court of the county revoked the discharged and sentenced the defendant to twelve months’ probation with the condition of two days’ imprisonment and sixty hours of community service. The defendant appealed the change in sentence in the Court of Appeals arguing that following his ex-wife in an automobile did not constitute harassment and that the Illinois Domestic Violence Act violates the Fourteenth Amendment. The Court of Appeals rejected the constitutional argument because it cannot be made on appeal if it was not originally made at trial court, and also ruled that the act constituted harassment after examining the definition within the context of the law. Thus, the Court upheld the order of the circuit court.

The Court examined whether the Commerce Clause or the Fourteenth Amendment gave Congress the authority to enact portions of the Violence Against Women Act ("VAWA") of 1994. In a 5-4 decision, the Court held that Congress lacked the authority to enact portions of the Act that allowed victims of gender-based violence to sue their attackers in federal court rather than state court. The Court held that Congress could not draw on the Commerce Clause for authority because violence against women was not an activity that substantially affected interstate commerce. The Court also held that the Act did not redress harm caused by state action and therefore did not fall under Congress's 14th amendment power. In his dissent, Justice Souter argued there was sufficient evidence to establish the effect of violence against women on interstate commerce.

Two school districts scheduled their girls’ high school soccer season in the spring and the boys’ high school soccer in the fall. The effect of that schedule was that boys but not girls were able to compete in the regional and state championship games. Parents of the female students sued the school districts pursuant to Title IX of the Education Amendment of 1972 and 20 U.S.C. section 1681 (“Title IX”), which requires schools, among others, to provide equal athletic opportunities to its male and female students. The appellate court held that the schools violated Title IX when they scheduled girls’ soccer in the spring because it denied female students an equal athletic opportunity. The court noted that because the females could not compete in championship games, it implied that the schools did not value their athletic abilities as much as it valued the boys’ athletic abilities, which is illegal.

Plaintiff alleged that she was subjected to a hostile work environment and that when she complained, her employer fired her in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”). Plaintiff argued that her executive director subjected her to sexual ridicule, advances, and intimidation. He also intensified his harassment in response to her complaints, deprived her of work responsibilities, undermined her ability to do her job, and ultimately fired her. The lower court dismissed her case. On appeal, however, the Second Circuit Court of Appeal reversed that decision. It found that Plaintiff could reasonably have found her workplace to be both physically and sexually threatening, based on her allegations about the executive director. It reasoned that the alleged environment could have hurt Plaintiff’s job performance, discouraged her from remaining on the job, or kept her from advancing in her career. Thus, the court concluded, the conduct alleged was contrary to Title VII’s objective of promoting workplace equality. The appeals court also found that Plaintiff could proceed with her case against her employer for retaliation because he fired her after she complained about his behavior.