The first court hearing in the Dariano v. Morgan Hill Unified
School District civil rights lawsuit will be heard Monday in the
San Jose Division of U.S. District Court. It was continued by Judge
James Ware from Jan. 24 to Monday.
Morgan Hill – The first court hearing in the Dariano v. Morgan Hill Unified School District civil rights lawsuit will be heard Monday in the San Jose Division of U.S. District Court. It was continued by Judge James Ware from Jan. 24 to Monday.
The parents of three of four students who were asked to turn their American-theme clothing inside-out or be sent home from Live Oak High School on Cinco de Mayo – to allegedly avoid violence on campus – last year are suing the school district and LOHS administrators who say their sons’ First and Fourteenth Amendment rights were violated that day.
The hearing is a motion to dismiss the school district from the lawsuit, which seeks nominal damages including changing school policies to clearly state students’ rights and protections under the Bill of Rights and reimbursing lawyer fees.
The lawyer team for the defendants – the Morgan Hill Unified School District, former Live Oak principal Nick Boden and former assistant principal Miguel Rodriguez – are scheduled to appear in court Monday for its motion to dismiss hearing.
The decision to continue was made by Ware, not the plaintiff nor the defendant.
The defendants’ motion to dismiss is based on Article III of the Constitution that state courts can’t hear cases that do not pose a controversy – the basis of the defendants’ argument because the school district maintained that it does not prohibit patriotic clothing and because the “sole decision maker” was former principal Nick Boden who is no longer employed by the district.
The plaintiffs are John and Dianna Dariano, parents of Matt Dariano, 16; Kurt and Julie Ann Fagerstrom, parents of Dominic Maciel, 15; and Kendall and Joy Jones on behalf of Daniel Galli, 16. The lawsuit was filed in the U.S. District Court, San Jose division June 23, 2010.
