S.W. v. Loudoun County School Board

Court
E.D. Va.
Docket number
1:25-cv-01536
Filed
Terminated
Last filing
Assigned judge
Leonie M. Brinkema
Referred judge
William E. Fitzpatrick
Nature of suit
440 Civil Rights: Other
Cause
42:1983 Civil Rights Act
Jurisdiction
Federal Question
Jury demand
Plaintiff
Case
S.W. v. Loudoun County School Board
Cite
S.W. v. Loudoun Cnty. Sch. Bd., No. 1:25-cv-01536 (E.D. Va. filed Sept. 15, 2025)
Source
Docket on CourtListener(opens another site)

The 63 court documents filed in this docket, as listed for its case.

Docket entries

The entries the archive holds for this docket. For the full docket, use the link above.

Docket entries
No.DateDescriptionDocument
1Complaint (Verified) ( Filing fee $ 405, receipt number AVAEDC-10464619.), filed by S.W., J.S.. (Attachments: # 1 Civil Cover Sheet)(Block, Andrew) (Entered: 09/15/2025)Open(opens another site)
2Proposed Summons by J.S., S.W. (Block, Andrew) (Entered: 09/15/2025)Open(opens another site)
3Emergency MOTION for Temporary Restraining Order by J.S., S.W.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Block, Andrew) (Entered: 09/15/2025)Open(opens another site)
4Memorandum in Support re 3 Emergency MOTION for Temporary Restraining Order filed by J.S., S.W.. (Block, Andrew) (Entered: 09/15/2025)Open(opens another site)
5Notice of Hearing Date (earlier consideration requested) set for 9/19/2025 re 3 Emergency MOTION for Temporary Restraining Order (Block, Andrew) (Entered: 09/15/2025)Open(opens another site)
6Summons Issued as to Loudoun County School Board, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: # 1 Summons Notice)(swil) (Entered: 09/16/2025)Open(opens another site)
7Motion to appear Pro Hac Vice by Nicholas Barry and Certification of Local Counsel Andrew Block Filing fee $ 75, receipt number AVAEDC-10466971. by J.S., S.W.. (Block, Andrew) (Entered: 09/16/2025)Open(opens another site)
8Motion to appear Pro Hac Vice by Ian Prior and Certification of Local Counsel Andrew Block Filing fee $ 75, receipt number AVAEDC-10467006. by J.S., S.W.. (Block, Andrew) (Entered: 09/16/2025)Open(opens another site)
9Motion to appear Pro Hac Vice by Robert Crossin and Certification of Local Counsel Andrew Block Filing fee $ 75, receipt number AVAEDC-10467012. by J.S., S.W.. (Block, Andrew) (Entered: 09/16/2025)Open(opens another site)
10ORDERED that S.W.'s Motion [Dkt. No. 3] is provisionally GRANTED, and it is hereby ORDERED that the Loudoun County School Board immediately place the remainder of S.W.'s 10-day suspension in abeyance, permit S.W. back into school starting on Wednesday, September 17, 2025, and allow him to continue with in-person education until the issues raised in this Complaint are resolved; and it is further ORDERED that counsel for plaintiffs show cause as to why J.S. should not be dismissed from this civil action given that he is no longer attending a Loudoun County public school; and it is further ORDERED that a hearing to determine whether a preliminary injunction should be entered will be held on Friday, September 19, 2025, unless the parties are able to agree to a further abeyance of the suspension while this civil action is fully litigated (see Order for further details). Signed by District Judge Leonie M. Brinkema on 9/16/2025. (swil) (Entered: 09/16/2025)Open(opens another site)
11ORDER granting 7 Motion for Pro hac vice Appointed Nicholas Barry for J.S.,Nicholas Barry for S.W. Signed by District Judge Leonie M. Brinkema on 9/16/2025. (swil) (Entered: 09/16/2025)Open(opens another site)
12ORDER denying 8 Motion for Pro hac vice. Signed by District Judge Leonie M. Brinkema on 9/16/2025. (swil) (Entered: 09/16/2025)Open(opens another site)
13ORDER granting 9 Motion for Pro hac vice Appointed Robert Andrew Crossin for J.S.,Robert Andrew Crossin for S.W. Signed by District Judge Leonie M. Brinkema on 9/16/2025. (swil) (Entered: 09/16/2025)Open(opens another site)
14Amended Motion to appear Pro Hac Vice by Ian Prior and Certification of Local Counsel Andrew Block by J.S., S.W.. (Block, Andrew) (Entered: 09/17/2025)Open(opens another site)
15NOTICE of Appearance by Michael B. Sylvester on behalf of J.S., S.W. (Sylvester, Michael) (Entered: 09/17/2025)Open(opens another site)
16NOTICE of Appearance by Joshua Hetzler on behalf of J.S., S.W. (Hetzler, Joshua) (Entered: 09/17/2025)Open(opens another site)
17NOTICE of Appearance by Heather Kathleen Bardot on behalf of Loudoun County School Board (Bardot, Heather) (Entered: 09/18/2025)Open(opens another site)
18Emergency MOTION to Continue Hearing on Plaintiffs' Motion for Preliminary Injunction from 9/19/25 to 10/10/254 by Loudoun County School Board. (Attachments: # 1 Proposed Order)(Bardot, Heather) (Entered: 09/18/2025)Open(opens another site)
19Memorandum in Support re 18 Emergency MOTION to Continue Hearing on Plaintiffs' Motion for Preliminary Injunction from 9/19/25 to 10/10/254 filed by Loudoun County School Board. (Bardot, Heather) (Entered: 09/18/2025)Open(opens another site)
20ORDER granting 14 Motion for Pro hac vice. Appointed Ian Drake Prior for J.S. and S.W.. Signed by District Judge Leonie M. Brinkema on 9/18/2025. (kgall) (Entered: 09/18/2025)Open(opens another site)
21Opposition to Motion to Continue filed by J.S., S.W.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Block, Andrew) (Entered: 09/18/2025)Open(opens another site)
22Memorandum in Opposition re 18 Emergency MOTION to Continue Hearing on Plaintiffs' Motion for Preliminary Injunction from 9/19/25 to 10/10/254 filed by J.S., S.W.. (Block, Andrew) (Entered: 09/18/2025)Open(opens another site)
23Waiver of Oral Argument re: Opposition to Emergency Motion to Continue by J.S., S.W. (Block, Andrew) (Entered: 09/18/2025)Open(opens another site)
24ORDER granting 18 Emergency Motion to Continue. ORDERED that the hearing scheduled for Friday, September 19, 2025, be and is continued until Friday, October 10, 2025, at 10:00 a.m. (see Order for details). Signed by District Judge Leonie M. Brinkema on 9/18/2025. (kgall) (Entered: 09/18/2025)Open(opens another site)
25WAIVER OF SERVICE Returned Executed by S.W., J.S.. Loudoun County School Board waiver sent on 9/16/2025, answer due 11/17/2025. (Block, Andrew) (Entered: 09/19/2025)Open(opens another site)
26Joint MOTION to Set Briefing Schedule on Plaintiffs' Motion for Preliminary Injunction by Loudoun County School Board. (Attachments: # 1 Proposed Order)(Bardot, Heather) (Entered: 09/22/2025)Open(opens another site)
27Waiver of re 26 Joint MOTION to Set Briefing Schedule on Plaintiffs' Motion for Preliminary Injunction (NOTICE OF WAIVER OF HEARING) by Loudoun County School Board (Bardot, Heather) (Entered: 09/22/2025)Open(opens another site)
28ORDERED that Plaintiffs shall file a brief in support of their Motion for Preliminary Injunction by September 26, 2025, Defendant shall file its opposition by noon on October 6, 2025, and Plaintiffs shall file any reply by October 8, 2025 in re 26 Joint MOTION to Set Briefing Schedule on Plaintiffs' Motion for Preliminary Injunction. Signed by District Judge Leonie M. Brinkema on 9/22/2025. (swil) (Entered: 09/22/2025)Open(opens another site)
29MOTION for Preliminary Injunction by J.S., S.W.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Block, Andrew) (Entered: 09/26/2025)
30Memorandum in Support re 29 MOTION for Preliminary Injunction filed by J.S., S.W.. (Block, Andrew) (Entered: 09/26/2025)Open(opens another site)
31Notice of Hearing Date re 29 MOTION for Preliminary Injunction (Block, Andrew) (Entered: 09/26/2025)Open(opens another site)
32NOTICE of Appearance by Ellis Leon Bennett on behalf of J.S., S.W. (Bennett, Ellis) (Entered: 09/26/2025)Open(opens another site)
33NOTICE of Appearance by Kevin Michael Gallagher on behalf of Commonwealth of Virginia (Gallagher, Kevin) (Entered: 10/01/2025)Open(opens another site)
34MOTION for Leave to File Brief as Amicus Curiae by Commonwealth of Virginia. (Attachments: # 1 Exhibit Proposed Brief of Amicus Curiae)(Gallagher, Kevin) (Entered: 10/01/2025)Open(opens another site)
35NOTICE of Appearance by Michael Christopher Dingman on behalf of Commonwealth of Virginia (Dingman, Michael) (Entered: 10/01/2025)Open(opens another site)
36ORDERED that plaintiffs provide to chambers a paper copy of their motion, brief, and all supporting exhibits, by the close of business on Friday, October 3, 2025 in re 29 MOTION for Preliminary Injunction filed by S.W., J.S. Signed by District Judge Leonie M. Brinkema on 10/1/2025. (swil) (Entered: 10/01/2025)Open(opens another site)
37ORDERED that the Commonwealth provide to chambers a paper copy of its motion,brief, and all supporting exhibits, by the close of business on Monday, October 6, 2025 in re 34 MOTION for Leave to File Brief as Amicus Curiae filed by Commonwealth of Virginia. Signed by District Judge Leonie M. Brinkema on 10/3/2025. (swil) (Entered: 10/03/2025)Open(opens another site)
38Waiver of re 34 MOTION for Leave to File Brief as Amicus Curiae (Waiver of Oral Argument) by Commonwealth of Virginia (Gallagher, Kevin) (Entered: 10/03/2025)Open(opens another site)
39Memorandum in Opposition re 29 MOTION for Preliminary Injunction filed by Loudoun County School Board. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Bardot, Heather) (Entered: 10/06/2025)Open(opens another site)
40REPLY to Response to Motion re 29 MOTION for Preliminary Injunction filed by J.S., S.W.. (Block, Andrew) (Entered: 10/08/2025)Open(opens another site)
41ORDERED that the Commonwealth's Motion [Dkt. No. 34] be and is GRANTED. The Commonwealth should file its amicus brief with the Court as a separate docket entry. Signed by District Judge Leonie M. Brinkema on 10/9/2025. (swil) (Entered: 10/09/2025)Open(opens another site)
42Amicus Brief by Commonwealth of Virginia . (Gallagher, Kevin) (Entered: 10/09/2025)Open(opens another site)
43Minute Entry for proceedings held before District Judge Leonie M. Brinkema: Motion Hearing held on 10/10/2025. Appearances of counsel. Argument heard. Comments of the Court; 29 MOTION for Preliminary Injunction - GRANTED. Plaintiff to post bond - amount TBD. Order to follow. (Court Reporter S. Austin)(kgall) (Entered: 10/10/2025)Open(opens another site)
44NOTICE by Loudoun County School Board re 43 Motion Hearing, (Bardot, Heather) (Entered: 10/10/2025)Open(opens another site)
45ORDER in re 29 Motion for Preliminary Injunction. ORDERED that the motion is GRANTED but contingent upon plaintiffs posting a $125,000 bond by the close of business on Wednesday, October 15, 2025, to ensure that if defendant prevails on dispositive pre-trial motions, it can recover from that bond its attorney's fees. Accordingly, it is hereby ORDERED, ADJUDGED, and DECREED that defendant is prohibited from enforcing the disciplinary measures at issue as to either plaintiff until the Court orders otherwise. Signed by District Judge Leonie M. Brinkema on 10/10/2025. (kgall) (Entered: 10/10/2025)Open(opens another site)
46MOTION Postpone Bond Due Date by two days (Unopposed) by J.S., S.W.. (Block, Andrew) (Entered: 10/14/2025)Open(opens another site)
47Waiver of re 46 MOTION Postpone Bond Due Date by two days (Unopposed) (Notice of Waiver of Hearing) by J.S., S.W. (Block, Andrew) (Entered: 10/14/2025)Open(opens another site)
48ORDERED that the bond is to be taken in by the Clerk's Office and processed into a CRIS Account, which is an interest-bearing account. Signed by District Judge Leonie M. Brinkema on 10/10/2025. (Sbro, ) (Entered: 10/14/2025)Open(opens another site)
49ORDER granting 46 Unopposed Motion to Postpone Bond Due Date. ORDERED that plaintiffs post a bond in the amount of $125,000 by the close of business on Friday, October 17, 2025. Signed by District Judge Leonie M. Brinkema on 10/15/2025. (kgall) (Entered: 10/15/2025)Open(opens another site)
50BOND in the amount of $ 125,000 posted by J.S., S.W. (swil) (Entered: 10/17/2025)Open(opens another site)