Flores

MEMORANDUM *

Plaintiffs are former students in the Morgan Hill Unified School District who have sued the school district, administrators, and school board members under 42 U.S.C. § 1983 . Plaintiffs allege that during their time as students in the public schools within the District, they suffered anti-gay harassment at the hands of their classmates. The alleged harassment of the various plaintiffs took place between 1991 and 1998. All of the plaintiffs were lesbian, gay, or bisexual or were perceived to be lesbian, gay, or bisexual.

Plaintiffs recount incidents in which the named defendants and their agents, subordinates, and employees are alleged to have responded to the plaintiffs’ complaints in a discriminatory fashion. Flores and the other plaintiffs describe anti-gay remarks and name-calling that they allege that teachers and administrators failed to stop and physical abuse to which they allege administrators responded with inadequate disciplinary action.

Plaintiffs claim that the defendants’ response or lack of response to complaints of student-to-student anti-homosexual harassment denied plaintiffs equal protection. They brought suit under 42 U.S.C. § 1983 , Title IX of…