Amicus Brief: Lavigne v. Great Salt Bay Community School Board

Amber Lavigne found chest binders in her 13-year old’s room that had been given to the child by a school social worker. She also found out that the school had “socially transitioned” the child by using pronouns and a different name. Lavigne sued for violations of her parental rights, and the district court dismissed the case, holding that Lavigne had not alleged facts that could plausibly support liability for the district. In the process, the district court and later the First Circuit provided alternate explanations for the district’s behavior and upheld the dismissal. 

Despite the important underlying questions concerning gender-transitioning and parental rights, this case is about a broader issue: when and how courts can dismiss cases by providing alternate explanations for the facts alleged in a complaint. That question affects every lawsuit. It particularly affects many lawsuits that try to assert rights that are important in a free and open society, such as the right to earn a living. Courts routinely dismiss many cases by crediting government claims and inventing their own rationales and explanations for the government’s behavior. This shouldn’t be allowed, and actually isn’t allowed under Supreme Court precedent.

The Manhattan Institute has filed an amicus brief asking the Court to review the case. Our brief focuses on the procedural question concerning the standards for dismissing cases. We argue that it is illegitimate for courts to supply “obvious alternative explanations” for allegations in a complaint. A complaint needs only to allege facts that make it plausible—not probable—that the harm was caused by the defendant. Questions of probability are properly raised in the next steps of litigation, when discovery becomes available and evidence can be weighed. The Court should review this important case with far-reaching consequences.

 Ilya Shapiro is a senior fellow and director of Constitutional Studies at the Manhattan Institute. Follow him on Twitter here.

Trevor Burrus is a legal policy fellow at the Manhattan Institute.Ilya Shapiro is a senior fellow and director of Constitutional Studies at the Manhattan Institute. Follow him on Twitter here.

With special thanks to associate Addison Gills

Photo by Heather Diehl/Getty Images