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Alston v. Delaware Department of Education

United States District Court, D. Delaware

March 11, 2019

ESHED ALSTON, Plaintiff,
v.
DELAWARE DEPARTMENT OF EDUCATION, etal., Defendants.

          EShed 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 Bunting.

          Bradley D. Sorrels, Esquire, Wilson Sonsini Goodrich & Rosati, PC, Wilmington, Delaware. Counsel for Defendants Equality Delaware Foundation, Inc. and Mark Purpura.

          MEMORANDUM OPINION

          STARK, U.S. DISTRICT JUDGE.

         I. INTRODUCTION

         Plaintiff 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.

         II. BACKGROUND

         Plaintiff, 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 religious beliefs.

         Named 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.

         The 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, 2019).

         Defendants 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

         III. ...


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