Ct. of Appeals lacked jurisdiction to consider defendants-school officials’ interlocutory appeal of Dist. Ct.’s denial of their motion to dismiss plaintiff-transgender student’s action alleging that defendants discriminated against him on basis of sex by failing to allow him to use boys’ bathroom. Although Dist. Ct. initially certified question for immediate review under section 1292(b), record showed that Dist. Ct. subsequently vacated its certification prior to Ct. of Appeals granting defendants’ petition seeking interlocutory appeal. Fact that there was separate appeal concerning Dist. Ct.’s subsequent partial grant of motion for issuance of preliminary injunction in plaintiff’s case did not allow Ct. of Appeals to consider instant appeal under doctrine of pendent jurisdiction.
Federal 7th Circuit Court
Civil Court
Appellate Jurisdiction