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.
Read Mansourian v. Regents of the Univ. of Cal., No. 08-16330
Appellate Information
Argued and Submitted October 8, 2009
Filed February 8, 2010
Judges
Opinion by Judge Berzon
Counsel
For Appellants:
Noreen Farrell, Debra Smith and James C. Sturdevant, San Francisco, CA
For Appellees:
Nancy J. Sheehan, Sacramento, CA
