FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
)
ASHLEY SMITH, a minor by her )
father RAYMOND SMITH; )
MICHAEL YOUNG, a minor by his )
mother INGE YOUNG, )
)
Plaintiffs, )
)
vs. ) CIVIL ACTION
) FILE NO. )
COBB COUNTY SCHOOL DISTRICT; )
EUGENE WRIGHT, individually and in his)
official capacity as Principal of )
Garrett Middle School; )
ANNE WADDELL, individually and in her)
official capacity as Assistant Principal )
of Garrett Middle School, )
)
Defendants. )
)
VERIFIED COMPLAINT
COMES NOW Plaintiffs, Ashley Smith and Michael Young, former
sixth grade students in the Cobb County School District (CCSD),
by and through their parents who bring this lawsuit seeking
relief after suffering suspensions under a vaguely worded
and irrationally applied weapons policy that has resulted
in their suspensions for bringing non-weapons to school for
wholly innocent purposes. Other students have suffered similar
unjust suspensions, and Plaintiffs serve notice that they
may seek class certification as discovery proceeds.
Jurisdiction
1.
This action arises under the authority vested in this Court
by virtue of 42 U.S.C. §§ 1983 & 1985, 28 U.S.C.
§ 1331, 28 U.S.C. §§ 2201 & 2202, 28 U.S.C.
§ 1343(3) and 28 U.S.C. § 1367 (pendent jurisdiction).
Parties
2.
Plaintiff, ASHLEY SMITH, is an eleven year old student at
Garrett Middle School and brings this action as a minor by
her father Raymond Smith.
3.
Plaintiff, MICHAEL YOUNG, is an eleven year old student at
Garrett Middle School and brings this action as a minor by
his mother Inge Young.
4.
Defendant, COBB COUNTY SCHOOL DISTRICT may be served by Cobb
County Board of Education, 514 Glover Street, Marietta, Georgia
30060.
5.
Defendant EUGENE WRIGHT, is the Principal of Garrett Middle
School and is sued in his individual/official capacity and
may be served at 5235 Austell-Powder Springs Road, Austell,
Georgia 30106.
6.
Defendant ANNE WADDELL, is the Assistant Principal of Garrett
Middle School and is sued in her individual/official capacity
and may be served at 5235 Austell-Powder Springs Road, Austell,
Georgia 30106.
Factual Allegations
7.
Since 1992, numerous students have been suspended under the
Cobb County School District's vague and overbroad weapons
policy (hereinafter CCSD Weapons Policy). Exhibit A, the current
CCSD Weapons Policy, is attached and incorporated herein.
8.
CCSD Weapons Police has been applied arbitrarily and irrationally
to punish students who did not and could not reasonably believe
that their wallets, toys and similar items were weapons; who
brought their items to school for wholly innocent purposes;
and where school officials knew that the items possessed by
students were never intended to serve as weapons.
Ashley Smith
9.
Ashley Smith was a sixth grade student at Garrett Middle School.
At the end of the 1999-2000 school year, a friend of her family
gave her a Tweety Bird wallet both to reward her for her studies
and because she is a fan of Tweety. Ashley's love for Tweety
led her to create a web site for her favorite cartoon character.
Exhibit B, her webpage, is attached and incorporated herein.
10.
Ashley's Tweety Bird wallet has a very thin chain which allows
her to attach the wallet to her belt loop of her pants so
that she won't lose her wallet. It also has an illustration
of Tweety with Ashley's name below. Exhibit C, a photo of
the wallet's chain and Tweety Bird, is attached and incorporated
herein.
11.
Since the beginning of the 2000-2001 school year, Ashley has
worn her wallet to class almost every day without incident
and with the knowledge of numerous school officials.
12.
Ashley has always brought her wallet to school for innocent
purposes, has never understood the wallet to be a weapon under
the CCSD's Weapons Policy and has never intended or even imagined
using the wallet as a weapon.
13.
Numerous other students have similar wallets or key chains
which they bring to CCSD schools for similar innocent purposes.
14.
The CCSD Weapons Policy, student handbook, and widespread
use of wallet chains by other students (without punishment)
gave Ashley no fair warning that her wallet might be considered
a weapon.
15.
At the beginning of the school year, Ashley attended an assembly
where a school administrator identified an approximately two
foot long, thick metal chain as an example of a weapon. This
sample weapon, bearing no resemblance to Ashley's wallet chain,
only reinforced Ashley's understanding that her wallet was
not prohibited under the CCSD's Weapons Policy.
16.
On Thursday, September 21, 2000, Ashley was in the lunch line.
Assistant Principal Anne Waddell came up behind Ashley and
confiscated her wallet without explanation.
17.
The following week, on September 26, 2000, Ashley was again
in the lunch line. Assistant Principal Anne Waddell told Ashley
to come to her office. Once there, the Assistant Principal
immediately suspended her for ten (10) days for possession
of her Tweety Bird wallet. Exhibit D, the letter of suspension,
is attached hereto and incorporated herein.
18.
Ashley's parents were called and she was escorted out of the
building. She was and is upset, humiliated and feels treated
like a criminal by defendants.
19.
Ashley began serving her suspension. While she could call
a taped recording giving her assignments, she could not pursue
her studies adequately because she was not receiving instruction,
could not ask questions, and was not provided worksheets.
20.
Ashley and her family fear that as a result her grades suffered
-- having long term consequences for her education. She and
her parents also fear that the "black mark" of a
weapons suspension on her record might wrongly suggest dangerous
criminal conduct and impact her later educational and life
pursuits.
21.
After significant public controversy and after numerous complaints
by Ashley's parents and her counsel, CCSD reversed the suspension.
CCSD offered no apology or other relief and, on information
and belief, failed to expunge Ashley's disciplinary file.
22.
Because CCSD Weapons Policy is vague and overbroad, and CCSD
refused to work with the Smiths to correct the policy to ensure
that CCSD's Weapons Policy gave Ashley fair future warning
of what items cannot be brought to school or to offer any
assurances that similar suspensions would not occur for similar
innocent conduct by Ashley that was very likely to occur in
the future, Ashley has a real and immediate fear that she
is specially likely to be subject to future arbitrary, unwarned,
irrational and unconstitutional discipline and suspension
for violations of CCSD's Weapons Policy.
23.
Because CCSD refused to work with the Smiths to resolve problems
in the weapons policy or offer any assurances that similar
suspensions would not occur for similar innocent conduct by
Ashley that was very likely to occur in the future, the Smiths
decided to temporarily transfer Ashley to a private school.
After over a year, when her family's money and other sources
to fund private schooling dried up, Ashley has decided to
return to the Cobb County schools despite her fear of further
and similarly unjust and unconstitutional suspensions.
Michael Young
24.
In January 2000, Michael Young was given a small, thin chain
wallet as a gift from a family friend.
25.
Michael Young brought his wallet to Garrett Middle School
early in the semester. Although he did not believe it could
possibly be construed to be a weapon
and brought it to school for entirely innocent purposes, he
presented it to his teacher, Ms. Denny, to ensure compliance
with CCSD's Weapons Policy.
26.
While Ms. Denny indicated she did not believe the wallet violated
CCSD's Weapons Policy, she and Michael went to meet with Assistant
Principal Hoover to be certain.
27.
Even though the Assistant Principal was made aware of the
fact that Michael brought his wallet to the teacher to make
sure he complied with all school rules and that Michael neither
believed his wallet to be a weapon nor intended it as such,
the Assistant Principal suspended Michael for ten (10) days.
28.
Michael's parents were called and he was escorted out of the
building. He was and is upset, humiliated and feels treated
like a criminal by defendants.
29.
Although Michael believed he did not violate the CCSD Weapons
Policy, Michael served out his suspension because he feared
that taking issue with the suspension might subject him to
harassment and/or retaliation. While he could call a taped
recording giving his assignments, he could not pursue his
studies adequately because he was not receiving instruction,
could not ask questions, and was not provided worksheets.
30.
Michael and his family fear that his grades suffered having
long term consequences for his education. He and his mother
also fear that the "black mark" of a weapons suspension
on his record might wrongly suggest dangerous criminal conduct
and impact his later educational and life pursuits.
31.
In late September 2000, Michael brought a toy to school with
a two inch long, thin chain. Michael did not believe the item
was a weapon nor did he intend it as such. He was nevertheless
given a warning (written?) and was told that the chain was
not permitted under the weapons policy.
32.
Inge Young has contacted numerous officials of the CCSD in
an effort to have her child's suspension and warning investigated
and expunged, but CCSD has refused to take any action.
33.
Because the CCSD Weapons Policy is vague and overbroad and
CCSD refused to work with the Youngs to ensure that the CCSD's
Weapons Policy gave Michael fair future warning of what items
cannot be brought to school or to offer any assurances that
similar suspensions would not occur for similar innocent conduct
by Michael that was very likely to occur in the future, Michael
has a real and immediate fear that he is specially likely
to be subject to future arbitrary, unwarned, irrational and
unconstitutional suspension for violations of CCSD's Weapons
Policy.
District Wide Factual Allegations
34.
Suspensions are required for violations of CCSD's Weapons
Policy.
35.
Suspensions under CCSD's Weapons Policy are required if CCSD
determines that an item is a weapon under the policy even
though the impacted student has not knowingly or consciously
brought a weapon to school and does not personally or reasonably
believe the item is a weapon in violation of the CCSD's Weapons
Policy.
36.
Suspensions under CCSD's Weapons Policy are required if CCSD
determines that an item is a weapon under the policy even
though the impacted student had entirely innocent purposes
and no intent to use the item as a weapon and CCSD knows the
innocent purposes of the student.
37.
The CCSD Weapons Policy mandates punishment if a school official
believes an item is a weapon under the policy even though
the school official is convinced that a student neither believed
an item was a weapon nor intended it as such.
38.
Short term suspensions of "not more than ten (10) days"
for weapons violations are not appealable. CCSD's short term
suspension policy affords such students "no appeal rights."
39.
The CCSD Weapons Policy is applied arbitrarily and irrationally.
Many students who bring to school small, thin wallet chains
and key chains or other similar items not reasonably viewed
as weapons nor intended as such are
suspended while others are allowed to bring their similar
items to school without suspension or other discipline.
40.
Defendants' actions and suspensions of Plaintiffs and others
were under color of law and done intentionally, willfully,
maliciously, recklessly, deliberately, with callous indifference
to their consequences and/or with gross negligence which was
the moving and proximate cause of harm to plaintiffs and others.
41.
Defendant-Cobb County School District's lack of clear policies,
constitutionally inadequate training and supervision, and
the suspension decisions of principals and assistant principals
as "designated" final decision makers for short
term weapons suspensions (under the CCSD Weapons Policy) and
ratification by CCSD thereof individually and collectively
were moving forces and caused plaintiffs and others' injuries.
These policies, practices, customs and procedures were developed
with negligence, and gross, reckless and deliberate indifference
to the rights of students.
42.
The actions of defendants were in violation of clearly established
statutory and/or constitutional rights of which a reasonable
official should have known as set forth in the Claims for
Relief.
43.
The Smith and Young families attempted to resolve this matter
with the defendants and even appeared before the Cobb County
Board of Education. They were not even given the dignity of
a written response to all their concerns.
Federal Causes of Action
44.
Plaintiffs have a property and liberty interest in an education
under Georgia law.
45.
Plaintiffs did not knowingly or consciously possess weapons
in violation of CCSD's Weapons Policy.
46.
Plaintiffs did not personally of reasonably believe that they
possessed weapons in violation of CCSD's Weapons Policy.
47.
Plaintiffs did not intend to use their wallet or key chains
as weapons and they were not used as weapons.
48.
CCSD's Weapons Policy does not require that a student knowingly
or consciously possess a weapon, personally or reasonably
believe that an item is a weapon, or that a student intend
to use an item as a weapon to attack or defend for it to be
considered a weapon under CCSD's Weapons Policy.
49.
The CCSD's Weapons Policy is facially vague, overbroad and
lacks any semblance of fair warning and thus violates the
requirements of due process and fair warning under the First,
Fifth and Fourteenth Amendments of the United States Constitution.
50.
The CCSD Weapons Policy lacks adequate procedures or such
procedures are not followed and thus violates procedural and
substantive due process on its face and as applied to numerous
students where punishment was not rationally related to the
otherwise legitimate school interest of preventing weapons
from being used in school thus violating the First, Fifth
and Fourteenth Amendments of the United States Constitution.
51.
Because (a)plaintiffs were suspended for longer periods of
time than other students who possessed knives and other more
dangerous items (under Category II and III of the CCSD Weapons
Policy), and (b)other students with similar or identical items
to plaintiffs of which school officials were fully aware were
never punished; their suspensions violated the equal protection,
procedural and substantive due process and the First, Fifth
and Fourteenth Amendments of the United States Constitution.
State Causes of Action
52.
The actions of defendants denied, breached their duty and
wrongfully interfered with the students rights to an education
under Ga. Const, Art. VIII, Sec. I, Par. I; their rights to
procedural and substantive due process under Ga. Const, Art.
I, Sec. I, Par. I; their rights to equal protection under
Ga. Const, Art. I, Sec. I, Par. II; their freedom of conscience
under Ga. Const, Art. I, Sec. I, Par. III; and their rights
to freedom of expression under Ga. Const, Art. I, Sec. I,
Par. V.
Prayers for Relief
WHEREFORE, Plaintiffs pray that this Court grant the following
relief:
(1) Declaratory/Injunctive relief against further enforcement
of the current CCSD Weapons Policy Categories II and III;
(2) Declaratory/Injunctive relief ordering defendants to adopt
constitutional and clear policies, procedures and training
for ensuring that dangerous weapons do not enter school and
that students not are not punished for bringing non-weapons
to school;
(3) Declaratory/Injunctive relief against systemic arbitrary
and irrational application of the CCSD Weapons Policy such
that said policy only punishes students for improperly bringing
items about which the CCSD has rational and legitimate concerns;
(4) Expungement of all individual student records concerning
plaintiffs' suspensions and/or warnings;
(5) Compensatory damages for each child in an amount to be
determined by a jury;
(6) Punitive damages according to federal and state law against
the individual defendants;
(7) Reasonable attorneys' fees, expenses and costs of litigation
pursuant to 42 U.S.C. § 1988 and other applicable laws;
(8) Such further relief as this Court deems just and proper.
A JURY TRIAL IS REQUESTED ON ALL ISSUES SO TRIABLE.
DATED: This the th day of August, 2001.
Respectfully submitted,
Gerald Weber, Legal Director
(Georgia Bar No.: 744878)
Robert Tsai, Staff Attorney
(Georgia Bar No.: 005058)
American Civil Liberties Union Foundation of Georgia
142 Mitchell Street, S.W., Suite 301
Atlanta, Georgia 30303
(404) 523-6201
Attorneys for Plaintiffs