August 18, 2016 Top Story

Hearsay Evidence Should Be Weighed for Preliminary Injunctions

Court abused its discretion by not considering declarations, appellate court finds

Theresa A. Vitello

A federal appellate court reversed a district court's decision to deny a preliminary injunction sought by a transgender high school student wanting to use a restroom at a public high school, which did not correspond to the student's biological sex. The case was remanded to the district court after the U.S. Court of Appeals for the Fourth Circuit found that was an abuse of discretion for the U.S. District Court for the Eastern District of Virginia to exclude, on hearsay grounds, two declarations filed in support the student's complaint. The decision of the Fourth Circuit in G.G. v. Gloucester County School Board sided with seven other circuits which permit district courts to rely on hearsay evidence for the limited purpose of determining whether to award a preliminary injunction.

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