Plaintiffs Amber and Jonathon Stepp, parents of minor child J.S., filed this action alleging that J.S. was placed in an all-boys fifth-grade class at his local elementary school, then subjected to harassment and discriminatory conduct by his teacher, and ultimately removed from the school altogether after he and his parents complained about the sex-segregated classes and the teacher’s mistreatment. The complaint included claims under 42 U.S.C. § 1983 for violations of procedural due process, substantive due process, and equal protection rights, as well as retaliation and conspiracy claims. Defendants moved to dismiss, arguing they were entitled to qualified immunity from most of the § 1983 claims. The district court granted in part and denied in part the motions to dismiss. This interlocutory appeal challenges the district court’s denial of qualified immunity on certain § 1983 claims.
Magistrate Judge Jason A. Robertson
Panel: MATHESON, PHILLIPS, and ROSSMAN, Circuit Judges. (Entered for the Court by Judge Matheson.)
Decision: We DISMISS the appeal of one of the claims for lack of interlocutory jurisdiction. On the remaining claims, we AFFIRM in part and REVERSE in part. We REMAND for further proceedings.
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