United States District Court, D. Delaware
Alston, Dover, Delaware, Pro Se Plaintiff.
Patricia A. Davis, Deputy Attorney General, Delaware
Department of Justice, Dover, Delaware. Counsel for
Defendants Delaware Department of Education and Secretary
Bradley D. Sorrels, Esquire, Wilson Sonsini Goodrich &
Rosati, PC, Wilmington, Delaware. Counsel for Defendants
Equality Delaware Foundation, Inc. and Mark Purpura.
U.S. DISTRICT JUDGE.
EShed Alton ("Plaintiff'), who proceeds pm
se and has paid the filing fee, filed this action on
March 15, 2018 pursuant to 42 U.S.C. §§ 1981, 1983,
1985, and 1986. (D.I. 1) Plaintiff seeks injunctive relief
and a hearing prior to the enactment of Delaware Regulation
225. Defendants move to dismiss. (D.I. 7) Plaintiff did not
file an opposition to the motion.
a "Delaware school taxpayer," objects to proposed
Regulation 225 (the "Regulation"), a
non-discrimination regulation that would govern Delaware
public schools in relation to ctiscrimination against
transgender students. (D.I. 1 at 1) The purpose of the
Regulation is "to provide guidance to School Districts
and Charter Schools for the development of a policy
prohibiting discriminatory treatment of students on the basis
of a Protected Characteristic(s) in all Educational Programs
and Activities and Extta-Curricular Activities. (D.I. 1 at
Ex. A at 2) Plaintiff alleges the Regulation violates his
right to equal protection and is contradictory to his
defendants include the Delaware Department of Education
("DOE"), Delaware Secretary of Education Bunting
("Bunting"), Equality Delaware Foundation, Inc.
("Equality Delaware"), and Mark Purpura
("Purpura"). Plaintiff alleges the Regulation
proposed by the State and Equality Delaware is absent moral
imperatives, anti-Christian, and unconstitutional, and
further that the actions complained of are aided and abetted
by Equality Delaware and its public spokesman, Purpura.
Plaintiff seems to allege that the proposed Regulation, if
adopted, would violate his constitutional rights.
Court takes judicial notice that "after receiving more
than 11, 000 comments on a previous version of the proposed
regulation" and "after careful review of that
feedback, Secretary' of Education Susan Bunting made
responsive changes," and die revised Regulation was
published in the June Register of Regulations on June 1,
2018. See https://www.doe.kl2.de.us (last visited
Mar. 4, 2019).The Court takes further judicial notice that on
August 2, 2018,
the Delaware Department of Education announced . . . that it
will not be moving forward to finalize the current proposed
version of Regulation 225. The department received more than
6, 000 comments in response to the revised proposed 225
Prohibition of Discrimination Regulation, which was published
in the June Register of Regulations. . . . "Recent court
decisions have raised important legal questions regarding
this issue, and the significant public comments make clear we
still haven't struck the right balance," Secretary
of Education Susan Bunting said. "For those reasons,
we're not going to finalize the current proposed version
of the regulation."
See https://www.doe.kl2.de.us (last visited Mar. 4,
move to dismiss pursuant to Fed. R. Civ. P 12(b)(1) and
12(b)(6). Plaintiff did not file an opposition. He has taken
no action in this matter April 9, 2018 and appears to have
abandoned his suit