Maine mother Amber Lavigne has appealed a federal judge’s decision to dismiss her case against the Great Salt Bay Community School (GSBCS) Board for withholding information about her child’s gender transition.
On Monday, Lavigne’s legal team filed a Notice of Appeal with the U.S. District Court for the District of Maine informing them that she has appealed Judge Jon D. Levy’s dismissal to the U.S. First Circuit Court of Appeals.
Judge Levy revealed earlier this month that he had moved to dismiss the case on the grounds that Lavigne failed to state a claim because the facts provided in this case were insufficient to establish municipal liability.
Since the judge’s reasoning was based only on Lavigne’s inability to show that the municipality could legally be found responsible for the alleged violations, he did not address the underlying constitutional questions associated with Lavigne’s claims.
In December of 2022, Lavigne discovered that a 26-year-old social worker by the name of Samuel Roy had given her 13-year-old child two breast binders — garments designed to conceal the appearance of a female’s breasts — and provided instructions on their use.
While chest binders are not classified as medical devices, there are a number of potential side effects and risks associated with wearing them.
Lavigne also said that she was not told when Roy and other school officials began to use an alternative name and pronoun set for her child, a fact that was subsequently denied by GSBCS officials.
[RELATED: Maine Mom Challenges Alleged Secret Public School Gender Transitions in Federal Court]
“It is understandable that a parent, such as Lavigne, might expect school officials to keep her informed about how her child is navigating matters related to gender identity at school,” Judge Levy wrote. “Her Complaint, however, fails to plead facts which would, if proven, establish municipal liability.”
To establish municipal liability for a deprivation of constitutional rights — as Lavigne sought to do in this case — one must demonstrate (1) that the harm was caused by a constitutional violation and (2) that the municipality is responsible for that violation.
The second of these two requirements can be satisfied in one of three ways — (1) the existence of an unwritten policy or custom, (2) ratification of behavior by someone with final policy-making authority, or (3) the failure of the municipality to properly train someone.
Central to Lavigne’s case was the argument that the GSBCS Board had adopted an unwritten Withholding Policy that was contrary to their formal Transgender Student Guidelines.
Lavigne argued that this Withholding Policy was “a systematic across-the-board practice which is not specified, but is hinted at, in the written ‘Guidelines.’”
Lavigne also argued that the GSBCS Board ought to be found responsible for the alleged constitutional harm because they “ratified” the employees’ decision to withhold information from her regarding her child’s gender transition.
To support this allegation, she cited several statements from the Board and Superintendent in which it was said that no policy violations had occurred, which Lavigne suggests is indicative that the school had an unwritten policy that aligned with the conduct she described in her complaint.
She also made the case that the GSBCS could be held accountable even if the court did not agree to the existence of an unwritten policy because the Board failed to properly train its employees with respect to the inappropriateness of withholding information from parents regarding their child’s gender transition.
According to Levy, however, none of these three lines of reasoning were sufficient enough to establish municipal liability, thus leading him to grant the motion to dismiss.
Lavigne’s appeal comes less than three weeks after the U.S. District Court issued its ruling.
Click Here to Read Amber Lavigne’s Full Notice of Appeal to the First Circuit
Where are all the good teachers? What a waste of money our “public” schools have become. Just something else unions have ruined.
Maine courts are mostly a farse
I worked as a teacher for 20 years in Maine. Sexual indoctrination in Maine public schools is REAL! I watched the sick teachers celebrate and adore the students who don’t believe their own DNA. Stop the genital mutilation of students!!! Vote Republican. I hope Mom wins her lawsuit. It is child abuse!
I wonder if that “school guidance counselor” that went behind the mothers back is still employed with the school?
Mom you are going after the wrong people.