United States Ninth Circuit

In a 42 U.S.C. section 1983 and Title IX action against a university arising after the university required women on the co-ed wrestling team to compete against men under men's rules, summary judgment for defendants is reversed where: 1) plaintiffs were not required to give the university notice of, and an opportunity to rectify, the specific violation to make out a Title IX claim; 2) the record did not contain undisputed facts showing a history and continuing practice of program expansion that was responsive to women's interests; and 3) as plaintiffs were students and therefore subject to the policy that allegedly discriminated on the basis of sex at the time they filed their complaint, their section 1983 claim was not time-barred.

Appellate Information

• Argued 10/08/2009
• Decided 02/08/2010
• Published 02/08/2010

Judges

• Before MARY M. SCHROEDER and MARSHA S. BERZON, Circuit Judges, and MILTON I. SHADUR,District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Noreen Farrell (argued), Debra Smith, James C. Sturdevant, Monique Olivier, San Francisco, CA; Kristen Galles, Alexandria, VA, for plaintiffs-appellants Arezou Mansourian, Lauren Mancuso, and Christine Wing-Si Ng.


• For Appellees:
  
• Nancy J. Sheehan, Sacramento, CA, for defendants-appellees Regents of the University of California et al.