Gruver v. State, CIVIL ACTION 18-772-SDD-EWD
Decision Date | 19 July 2019 |
Docket Number | CIVIL ACTION 18-772-SDD-EWD |
Parties | Stephen M. GRUVER and Rae Ann Gruver, individually and on behalf of Maxwell R. Gruver, deceased v. State of LOUISIANA THROUGH the BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE, et al. |
Court | U.S. District Court — Middle District of Louisiana |
Donald J. Cazayoux, Jr., John Lane Ewing, Jr., Cazayoux Ewing, LLC, Baton Rouge, LA, Douglas E. Frierberg, Pro Hac Vice, Laura L. Dunn, Pro Hac Vice, Jonathon N. Fazzola, Pro Hac Vice, The Fierberg National Law Group, Traverse City, MI, for Stephen M. Gruver, Rae Ann Gruver.
David Mark Bienvenu, Jr., Anthony Joseph Lascaro, Lexi T. Holinga, Patrick Hayes Hunt, Bienvenu, Bonnecaze, Foco, Viator and Holinga, APLLC, Baton Rouge, LA, for State of Louisiana through the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College.
Patrick A. Talley, Jr., Phelps Dunbar LLP, New Orleans, LA, James Walter Green, Taylor Joseph Boudreaux, Phelps Dunbar LLP, Baton Rouge, LA, for Phi Delta Theta Fraternity, Louisiana Beta House Corporation.
Michael Adams Fiser, The Fiser Law Firm, LLC, Baton Rouge, LA, for Ryan M. Isto.
Charles C. Garrison, Caffery, Oubre, Campbell & Garrison, New Iberia, LA, Lauren Alaina Camel Begneaud, Caffery, Oubre, Campbell & Garrison, Lafayette, LA, for Sean Paul Gott.
Patrick Dominic DeRouen, Adam Joseph Boyer, Laurie Lee DeArmond, DeRouen Law Firm, Matthew James Hamilton, Duncan & Sevin, L.L.C., New Orleans, LA, for Zachary A. Castillo.
Keith S. Giardina, Law Offices of Keith Giardina, Baton Rouge, LA, for Patrick A. Forde.
Thomas G. Buck, Brett Tweedel, Blue Williams LLP, Metairie, LA, for Zachary T. Hall.
RULING
This matter is before the Court on the Motion to Dismiss1 filed by Defendant, State of Louisiana through the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College ("LSU"). Plaintiffs, Stephen M. Gruver and Rae Ann Gruver ("Plaintiffs"), individually and on behalf of their deceased son Maxwell R. Gruver ("Gruver"), filed an Opposition2 to this motion, to which LSU filed a Reply ,3 and Plaintiffs filed a Sur-Reply.4 For the reasons which follow, LSU's Motion will be granted in part and denied in part.
This suit arises out of the tragic death of Maxwell R. Gruver, a student formerly enrolled at LSU, who died in September of 2017 following a fraternity-related hazing incident. Plaintiffs allege that, over the summer of 2017, LSU sent a 72-page book entitled Greek Tiger to their son, an incoming freshman.5 Plaintiffs allege this book "encourage[s] [new students] to consider participating in fraternity or sorority recruitment,"6 and served generally to tout LSU's long tradition of promoting the educational opportunities and benefits of Greek Life to its students. Plaintiffs further allege that, although the second paragraph of Greek Tiger states that "[h]azing and inappropriate behavior are not tolerated by LSU[,]"7 in reality, this statement does not apply to male students in fraternities at LSU.
Plaintiffs allege that male students involved in the Greek fraternity system at LSU face a "risk of serious injury and death" that is "far worse than the television portrayals LSU references," and that, "[b]efore Max's death, male students pledging LSU-recognized fraternities have died, been hospitalized on an emergency basis for dangerous alcohol consumption, and suffered broken ribs, cigarette burns and other serious physical injuries."8 Plaintiffs further allege that, "[a]s a result of LSU's policy and practice of responding differently to the hazing of male students than the hazing of female students," the hazing of female Greek students is "virtually nonexistent," while the hazing of male Greek students is "rampant."9 To demonstrate this claim, Plaintiffs aver as follows:
Additionally, Plaintiffs claim that, "[u]nlike LSU fraternities, LSU sororities, which restrict membership to female students, do not have a culture or long-documented history of dangerous hazing and misconduct," and "when LSU has received reports of hazing at its sororities, the sanctions LSU has imposed on the sororities have been significantly greater in length and degree than sanctions LSU generally imposes on fraternities for comparable misconduct."15 Plaintiffs claim that LSU's deliberate indifference to the great risk of injury and death to male Greek students demonstrates that male Greek students at LSU ...
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...rules based on gender stereotypes. See, e.g., Gruver v. La. through Bd. of Supervisors of La. State Univ. & Agric. & Mech. Coll. , No. CV 18-772-SDD-EWD, 401 F.Supp.3d 742, 747–48, 2019 WL 3281090, at *3 (M.D. La. July 19, 2019) (denying motion to dismiss where plaintiff alleged that "LSU's......
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Owens v. La. State Univ.
... ... of assault, which subjected her to a sexually discriminatory ... education environment under Title IX. Lozano's heightened ... risk claim fits squarely within the official-policy rubric ... previously identified by the Supreme Court.”); ... Gruver v. La. through Bd. Of Supervisors of La. State ... Univ. & Agric. & Mech. Coll. , 401 F.Supp.3d 742, ... 762 (M.D. La. 2019) (“The Court finds that, as in ... Baylor , if these facts are proven, a jury may infer ... that LSU's policy created the heightened risk to Greek ... ...
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... ... of assault, which subjected her to a sexually discriminatory ... education environment under Title IX. Lozano's heightened ... risk claim fits squarely within the official-policy rubric ... previously identified by the Supreme Court.”); ... Gruver v. La. through Bd. Of Supervisors of La. State ... Univ. & Agric. & Mech. Coll. , 401 F.Supp.3d 742, ... 762 (M.D. La. 2019) (“The Court finds that, as in ... Baylor , if these facts are proven, a jury may infer ... that LSU's policy created the heightened risk to Greek ... ...
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