3:14-cv-03504 #23
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
TERESA CULPEPPER,
on behalf of her minor child C. C.,
Plaintiff,
vs.
KEVIN A. SHWEDO,
in his official capacity as the Executive
Director of the South Carolina Department
of Motor Vehicles,
and
TAMMY KING,
in her official capacity as the Manager of the
Anderson Office of the South CarolinaDepartment of Motor Vehicles,
Defendants.
C.A. No.: 3:14-cv-03504
PLAINTIFF’S VERIFIED P
FOR APPROVAL OF M
SETTLEMENT
The parties have settled this action. Plaintiff/Petitioner Teresa Culpepper (“
behalf of her minor child C. C. (“C. C.”), asks the Court to (1) appoint Plaintiff a
litem of C. C. for purposes of this settlement, and (2) approve the settlement of C
against Defendants in this matter on the terms summarized herein and set forth in
copy of the parties’ Settlement Agreement (Exhibit A). Plaintiff respectfully
Petition in accordance with Local Rule 17.02, D.S.C., and Judge Currie’s filing pref
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I. Legal and factual basis of Plaintiff’s authority to seek settlement
At the time this matter was filed, and at the present time, Plaintiff was a
natural mother and legal guardian. Other facts which show good cause for the Co
Plaintiff as the guardian ad litem for C. C. include:
Plaintiff has had physical custody of C. C. from birth to the present;
Plaintiff has provided for the health, safety, care, and nourishment o
birth to the present.
For these reasons, Plaintiff asks the Court to find good cause to appoi
guardian ad litem for C. C. for purposes of approval of this settlement.
II. The nature of the action.
Plaintiff’s Complaint alleges that the Defendants, acting in their offici
unconstitutionally required that C. C., a sixteen-year-old high school student, rem
cosmetic makeup before being permitted to take a driver’s license photo in Mar
alleged in the Complaint, Defendants relied on the following language in SCDM
DL-201:
At no time will an applicant be photographed when it appears that
he/she is purposely altering his/her appearance so that the photowould misrepresent his/her identity.
(the “SCDMV Photo Policy”). (Compl. ¶ 58.)
In September 2014, Plaintiff brought the Complaint alleging Def
3:14-cv-03504-CMC Date Filed 04/20/15 Entry Number 23 Page
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constitutionally protected liberty interest in C. C.’s personal appearance. Moreo
alleged that the SCDMV Photo Policy is unconstitutionally vague and overbr
SCDMV personnel to make arbitrary and capricious decisions based on their percep
particular individual should look as a male or female.
Plaintiff sought declaratory and injunctive relief, pursuant to 42 U.S.C. § 19
the SCDMV’s Photo Policy unconstitutional as interpreted and applied by
prohibiting Defendants from applying the SCDMV Photo Policy in an unconstitu
and ordering Defendants to allow C.C. to be photographed for a driver’s license w
everyday makeup that C.C. wears on a regular basis. Plaintiff also asked that the C
policy as unconstitutionally vague and overbroad and an unconstitutional grant
discretion and award reasonable costs and attorneys’ fees pursuant to 42 U.S.C. § 19
III. The stage of the proceedings at the time of settlement.
Defendants filed a Rule 12(b)(1) motion to dismiss the action on the
Plaintiff’s claims had been mooted by a change in SCDMV procedure that Defend
would allow C. C. to retake a driver’s license photo while wearing regular every
Plaintiff submitted a memorandum in opposition, contending that the change in p
minor and did not alter or purport to supersede the defective language that led to d
against C. C. Defendants did not file a reply memorandum. At the parties’ join
motion remained pending while the parties pursued settlement discussions. There
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IV. The nature and extent of injuries.
Plaintiff’s claimed injuries are the infringement of C. C.’s constitutio
summarized above and set forth in the Complaint.
V. Factors influencing the decision to settle the claim.
Defendants agreed to allow C. C. to take a driver’s license photograph wea
cosmetic makeup and to modify SCDMV’s policies and procedures and training
such a way as to address the alleged constitutional infirmities that led to the bri
action. Accordingly, Plaintiff believes that C. C.’s rights have been fully vindicate
in the SCDMV Photo Policy have been corrected, and accordingly there is no reas
further with this litigation.
VI. The amounts and nature of any insurance coverage relevant to th
Not applicable.
VII. The names of any creditors and amounts of their claims.
None.
VIII. The amount and terms of the settlement and detailed explanation
proceeds will be distributed.
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in detail in the Settlement Agreement attached as Exhibit A. The settlement doe
any exchange of money or property.
IX. The nature of the release to be given.
The action is to be dismissed with prejudice.
X. The status of any other actions arising out of the same incident w
been or may be filed and the impact on the fairness of any settlem
action.
The parties are not aware of any other lawsuits, or potential lawsuit, related t
XI. Known, anticipated, or potential disputes as to the distribution o
or approval of the settlement.
There are no known, anticipated, or potential disputes as to the app
settlement. As noted, this settlement does not involve any exchange of money or ot
XII. Set forth the amount of attorneys’ fees and costs.
Plaintiff’s counsel have handled this representation as a matter pro bono pu
charging any attorneys’ fees or costs to the Plaintiff, and as part of the settlement ar
any award of attorneys’ fees or costs from the Defendants.
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XIV. S.C. Code Ann. § 62-5-433.
Not applicable.
Respectfully submitted,
s/ Wallace K. Lightsey
Of Counsel:(Pro Hac Vice Applications To Be Filed)
Peter Guirguis
Melanie M. Kotler
David B. SchwartzFULBRIGHT & JAWORSKI LLP
666 Fifth Avenue
New York, NY 10103Tel.: (212) 318-3000
Fax: (212) 318-3400
peter.guirguis@nortonrosefulbright.com melanie.kotler@nortonrosefulbright.com
david.schwartz@nortonrosefulbright.com
Michael D. Silverman
TRANSGENDER LEGAL DEFENSE & EDUCATIONFUND, I NC.
151 W. 19th StreetSuite 1103
New York NY 10011
Tel.: (646) 862-9396Fax: (914) 920-4057
msilverman@transgenderlegal.org
Dated: April 20, 2015
Greenville, South Carolina
Marshall Winn (529)
Wallace K. Lightsey (1037)WYCHE, P.A.
44 East Camperdown WayGreenville, S.C. 29601Tel.: 864-242-8200
Fax: 864-235-8900
mwinn@wyche.com
wlightsey@wyche.com
Attorneys for Plaintiff
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