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Riley Gaines v. NCAA lawsuit advances after federal judge partially denies motions to dismiss

Former NCAA swimmers Riley Gaines and Kylee Alons and their attorney, William Bock, told Fox News Digital they would all support criminal prosecution against officials allowing trans athletes to play in women's and girls sports.

The Riley Gaines v. NCAA lawsuit took a big step forward Thursday. 

U.S. District Judge Tiffany Johnson partially denied the NCAA's motion to dismiss, and the lawsuit will now proceed. 

Gaines and the lawsuit's plaintiffs, current and former female college athletes impacted by transgender inclusion, seek to hold the NCAA accountable for its previous policy that allowed biological male trans athletes to compete in the women's category. 

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Gaines and other former NCAA women's swimmers cite their experience competing against and sharing a locker room with former UPenn transgender swimmer Lia Thomas. 

Other plaintiffs in the lawsuit include former San Jose State volleyball captain Brooke Slusser, citing her experience with former trans teammate Blaire Fleming, and former Rochester Institute of Technology women's track and field athlete Caroline Hill, citing her experience with former trans athlete Sadie Schreiner. 

Johnson ruled that the plaintiffs have plausibly alleged the NCAA receives federal financial assistance, so it is subject to requirements of Title IX. 

However, Johnson also ruled the plaintiffs have not plausibly alleged the NCAA is a state actor and have not plausibly alleged a violation of a right to bodily privacy. 

CLICK HERE TO WATCH RILEY GAINES’ FULL TRIBUTE TO CHARLIE KIRK 

The lawsuit was filed in March 2024, two years after Gaines infamously tied with Thomas at the NCAA women's swimming championships. Multiple female

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