Decision reached in favor of school district in Cinco de Mayo case

Live Oak High School students from left, Daniel Galli, Austin

A decision was reached in favor of the Morgan Hill Unified School District and administrators in the civil rights lawsuit against the district and two former Live Oak High School administrators over the American T-shirt controversy from Cinco de Mayo, 2010, said Alyson Cabrera, the lawyer representing MHUSD and former Principal Nick Boden and former Assistant Principal Miguel Rodriguez. The decision was released Tuesday afternoon.
A decision was reached in favor of the Morgan Hill Unified School District and administrators in the civil rights lawsuit against the district and two former Live Oak High School administrators over the American T-shirt controversy from Cinco de Mayo, 2010, said Alyson Cabrera, the lawyer representing MHUSD and former Principal Nick Boden and former Assistant Principal Miguel Rodriguez. The decision was released Tuesday afternoon.

Plaintiffs Dianna and John Dariano, parents of Matt Dariano; Kurt and Julie Ann Fagerstrom, parents of Dominic Maciel; and Kendall and Joy Jones on behalf of Daniel Galli filed the lawsuit against the school district alleging violations against their First and Fourteenth Amendment rights after their children wore American-themed T-shirts to Live Oak and were sent home after refusing to remove the T-shirts and apparel after Boden and Rodriguez were concerned about the potential for violence on campus.

The lawsuit seeks nominal damages including changing school policies to clearly state students’ rights and protections under the Bill of Rights and reimbursing lawyer fees.

 

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