Plaintiff, a transgender student, filed a lawsuit challenging her school district’s policy that required her to use the boys’ bathroom and locker room or a gender-neutral alternative alleging that the policy violated her rights under Title IX and the equal protection clause. Plaintiff also filed an emergency motion for a temporary restraining order and preliminary injunction barring enforcement of the policy during litigation, which the district court granted. On appeal, the school district argued that the district court erred because it did not hold a hearing before issuing the preliminary injunction. The Seventh Circuit instead affirmed, explaining that an evidentiary hearing is not always required prior to the issuance of a preliminary injunction and, in this case, the school district neither requested a hearing nor identified material factual issues in need of resolution. (EASTERBROOK and KRISCH, concurring)
Federal 7th Circuit Court
Civil Court
Preliminary Injunctions