Karyn Ridgeway v. Montana High School Association

INTRODUCTION

The plaintiffs in this class action are girls attending public high schools in the State of Montana and the girls’ parents. Plaintiffs brought this action against the Montana High School Association and various school districts for the purpose of challenging a wide range of practices in Montana high school athletic programs that plaintiffs maintain have unlawfully discriminated against female students in favor of males. They sought equitable relief for conditions which they alleged violated both federal law and provisions of the Montana State Constitution. The case in its early stages was before District Judge Ray McNichols, and after his death, before District Judge Charles Lovell.

With the encouragement of both judges, the parties pursued a creative settlement course in which they utilized the services of a professional “facilitator.” The facilitator was chosen for his expertise in the area of *581 improving equality of opportunities for males and females in school athletic programs.

As a result of the settlement course, the parties were able to effectuate many changes in the programs of the high schools without the active intervention of the district court. In…

concurring:

I concur in the result.

Appellants did not seek, and the district court did not deny, a preliminary injunction to switch the seasons. See Ridgeway v. Montana High School Ass’n, 633 F.Supp. 1564 (D.Mont.1986). On appeal neither party invoked the test for a preliminary injunction: “probable success and the possibility of irreparable harm” or the like. Arcamuzi v. Continental Air Lines, Inc., 819 F.2d 935, 937 (9th Cir.1987).

That leaves two alternatives. Either the district court administered an aspect of the parties’ settlement agreement, or the district court denied a permanent injunction. *590 First: if the district court merely administered an aspect of the settlement agreement, we lack jurisdiction. The district court’s order would be neither a final decision affording jurisdiction under 28 U.S.C. § 1291 , nor a decision on an injunction affording jurisdiction under 28 U.S.C. § 1292 (a)(1). Second: if the district court denied a permanent injunction, we have jurisdiction under 28 U.S.C. § 1292 (a)(1). This appeal would settle the issue of switching seasons.

The district court’s order did not merely administer an aspect of the settlement agreement; the parties…

858 F.2d 579 49 Ed. Law Rep. 495 Karyn RIDGEWAY, et al., Plaintiffs-Appellants, v. MONTANA HIGH SCHOOL ASSOCIATION, et al., Defendants-Appellees. No. 86-3901. United States Court of Appeals, Ninth Circuit. Argued Oct. 6, 1987. Submitted Oct. 23, 1987. Decided Oct. 4, 1988. Susan M. Rogers, Little Rock, Ark., for plaintiffs-appellants. Ronald F. Waterman, Helena, Mont., for defendants-appellees. Appeal from the United States District Court for the District of Montana. Before TANG, SCHROEDER and BEEZER, Circuit Judges. SCHROEDER, Circuit Judge: INTRODUCTION 1 The plaintiffs in this class action are girls attending public high schools in the State of Montana and the girls' parents. Plaintiffs brought this action against the Montana High School Association and various school districts for the purpose of challenging a wide range of practices in Montana high school athletic programs that plaintiffs maintain have unlawfully discriminated against female students in favor of males. They sought equitable relief for conditions which they alleged violated both federal law and provisions of the Montana State Constitution. The case in its early stages was before District Judge Ray McNichols,…