No. 24-44

West Virginia Secondary School Activities Commission v. B. P. J., By Her Next Friend and Mother, Heather Jackson, et al.

Lower Court: Fourth Circuit
Docketed: 2024-07-16
Status: Denied
Type: Paid
Amici (2)Response Waived
Tags: brentwood-academy-v-tennessee-ssaa entwinement-test federal-funding legal-duties peltier-v-charter-day-school private-organization smith-v-ncaa state-actor state-actor-doctrine title-ix
Latest Conference: 2024-11-15
Related Cases: 24-43 (Vide)
Question Presented (from Petition)

What are the indicia of 'state actor'? And do they include action, entwinement and controlling authority?

Is private industry aggrieved by a baseless conversion into state actor, complete with heretofore unknown legal duties and no immunities?

Should courts be called upon to make state actor determinations within some meaningful, reproduceable, predictable framework or process?

Did the courts below apply this Court's seven tests relative to West Virginia Secondary School Activities Commission (WVSSAC)? If they failed to do so, did they improperly convert this private 108-year history?

Question Presented (AI Summary)

What are the indicia of 'state actor'? And do they include action, entwinement and controlling authority?

Docket Entries

2024-11-18
Petition DENIED.
2024-10-30
DISTRIBUTED for Conference of 11/15/2024.
2024-08-15
Brief amicus curiae of Women's Declaration International USA filed.
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2024-08-15
Brief amici curiae of Advancing American Freedom, et al. filed.
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2024-08-15
Amicus brief of The American Civil Rights Project submitted.
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2024-08-15
Amicus brief of Women's Declaration International USA submitted.
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2024-08-05
Waiver of right of respondents West Virginia State Board of Education and W. Clayton Burch, in his official capacity as State Superintendent to respond filed.
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2024-08-05
Waiver of West Virginia State Board of Education and W. Clayton Burch, in his official capacity as State Superintendent of right to respond submitted.
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2024-07-30
Waiver of right of respondent B.P.J., by her next friend and mother, Heather Jackson to respond filed.
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2024-07-30
Waiver of B.P.J., by her next friend and mother, Heather Jackson of right to respond submitted.
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2024-07-26
Waiver of right of respondent State of West Virginia to respond filed.
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2024-07-26
Waiver of State of West Virginia of right to respond submitted.
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2024-07-24
Waiver of right of respondents Harrison County Board of Education and Dora Stutler to respond filed.
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2024-07-24
Waiver of Harrison County Board of Education and Dora Stutler of right to respond submitted.
Main Document
2024-07-12
Petition for a writ of certiorari filed. (Response due August 15, 2024)
PetitionCertificate of Word CountProof of ServicePetitionCertificate of Word CountProof of Service

Attorneys

Advancing American Freedom
John Marc Wheat — Advancing American Freedom, Inc., Amicus
B.P.J., by her next friend and mother, Heather Jackson
Joshua A. Block — American Civil Liberties Union Foundation, Respondent
Harrison County Board of Education and Dora Stutler
Amy M. Smith — Steptoe & Johnson, Respondent
Harrison County Board of Education and Dora Stutler, in her official capacity as Harrison County Superintendent
Susan Llewellyn Deniker — Steptoe & Johnson PLLC, Respondent
International Consortium On Female Sport
William Bock III — Kroger, Gardis & Regas, LLP, Amicus
State of West Virginia
Michael Ray Williams — Office of the West Virginia Attorney General, Respondent
The American Civil Rights Project
Daniel Isaac Morenoff — The American Civil Rights Projects, Amicus
West Virginia Secondary School Activities Commission
Roberta F. Green — Shuman, McCuskey & Slicer, Petitioner
West Virginia State Board of Education and W. Clayton Burch, in his official capacity as State Superintendent
Kelly Caswell Morgan — Bailey & Wyant, PLLC, Respondent
Women's Declaration International USA
Kara Patrice Dansky — Attorney at Law, Amicus