Roubideaux v. North Dakota Dep't of Corr. and Rehabilitation, No. 07-3780

In a sex discrimination action brought by female prison inmates, district court grant of summary judgment for defendant is affirmed where: 1) the female inmates had standing to challenge the constitutionality of the two challenged gender-explicit statutes; 2) the evidence in the record raises no inference of gender discrimination in the decision-making process because the statutes in question substantially relate to the important government objective of providing adequate segregated housing for female inmates, and any equal protection claim arising out the inmates' previous housing was mooted by their transfer to the Correction and Rehabilitation Center; 3) prison industry assignments were not subject to Title IX as the primary purpose of the program is employment, not education; and 4) the vocational education programs were within the scope of Title IX, and the district court did not err in finding that any differences in the programs offered men and women were a function of the location of the facilities and not gender discrimination. 

Read Roubideaux v. North Dakota Dep't of Corr. and Rehabilitation, No. 07-3780

Appellate Information
Appeal from the United States District Court for the District of North Dakota.
Submitted: November 13, 2008
Filed: July 2, 2009

Judges
Before MURPHY, HANSEN, and RILEY, Circuit Judges.
Opinion by HANSEN, Circuit Judge.