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Brindisi v. Regano

Citation: 20 F. App'x 508Docket: No. 00-3140

Court: Court of Appeals for the Sixth Circuit; October 5, 2001; Federal Appellate Court

Narrative Opinion Summary

In this case, the plaintiff, represented by her father, sought legal recourse after being denied a position on a junior varsity basketball cheerleading squad, alleging violations of gender discrimination, due process, equal protection, and Title IX, along with claims of emotional distress. The district court dismissed the case with prejudice, determining that there was no evidence of sex discrimination or due process violations. The court found that the plaintiff did not possess a property interest in extracurricular participation, as participation in such activities does not constitute a protected property interest under established case law. The court further ruled that the plaintiff's non-selection did not support a Title IX claim due to a lack of intentional discrimination or individual adverse impact. The evaluations used in the selection process were deemed appropriate, and no arbitrary exclusion was identified. On appeal, the plaintiffs argued for the recognition of cheerleading as a sport to establish a property right, but the appellate court affirmed the lower court's judgment, concluding that the cheerleading selection process was equitable and not subject to Title IX or equal protection challenges. The court's decision reflects adherence to precedent, reinforcing the notion that interscholastic athletics participation does not inherently entail due process protections.

Legal Issues Addressed

Due Process and Equal Protection in Extracurricular Activities

Application: Merissa Brindisi's claims of due process and equal protection violations were rejected as she lacked a property interest in cheerleading.

Reasoning: The district court ruled that she had no property interest in cheerleading and found no arbitrary exclusion from the squad, affirming that she was treated equally compared to other cheerleaders.

Evaluations in Cheerleading Selection Process

Application: The court upheld the use of teacher evaluations in the cheerleading selection process, finding no evidence of arbitrariness or unequal treatment.

Reasoning: The selection process for cheerleaders does not violate Equal Protection, given that potential candidates are subject to evaluations by teachers who assess qualities essential for cheerleading.

Gender Discrimination in Athletic Programs

Application: The court found no evidence of gender discrimination in the selection process for the cheerleading squad.

Reasoning: The court dismissed her case with prejudice, agreeing with the district court's findings that there was no evidence of sex discrimination.

Property Interest in Interscholastic Athletics

Application: The court reiterated that participation in extracurricular activities does not constitute a property interest, adhering to established precedent.

Reasoning: Mersissa lacks a liberty or property interest in interscholastic athletics that warrants due process protections, as established by relevant case law.

Title IX and Interscholastic Athletics

Application: The court concluded that Merissa Brindisi lacked an individual Title IX claim as she had not been deprived of a public education.

Reasoning: The court noted that Merissa lacked an individual Title IX claim and had not been deprived of a public education.