Dobrich v. Walls, CIV.A. 05-120-JJF.
| Decision Date | 02 August 2005 |
| Docket Number | No. CIV.A. 05-120-JJF.,CIV.A. 05-120-JJF. |
| Citation | 380 F.Supp.2d 366 |
| Parties | Mona DOBRICH and Marco Dobrich, individually and as parents and next friend of Alexander Dobrich, Jane Doe and John Doe, individually and as parents and next friend of Jordan Doe and Jamie Doe, Plaintiffs, v. Harvey L. WALLS, Mark A. Isaacs, John M. Evans, Richard H. Cohee, Gregory A. Hastings, Nina Lou Bunting, Charles M. Bireley, Donald G. Hattier, Reginald L. Helms, M. Elaine McCabe, individually and as members of the Indian River School Board, Lois M. Hobbs, individually and as District Superintendent, Earl J. Savage, individually and as Assistant District Superintendent, The Indian River School Board and The Indian River School District, Defendants. |
| Court | U.S. District Court — District of Delaware |
Thomas J. Allingham II, Esquire, Robert S. Saunders, Esquire, and Rosemary S. Goodier, Esquire of Skadden Arps Slate Meagher & Flom, LLP, Wilmington, DE, for Plaintiffs.
Thomas S. Neuberger, Stephen J. Neuberger, Neuberger Firm, P.A., Wilmington, DE, Rutherford Institute, Charlottesville, VA (John W. Whitehead, Douglas R. McKusick, of counsel), for Defendant, Reginald L. Helms.
John D. Balaguer, White and Williams LLP, Wilmington, DE, Blankingship & Keith, Fairfax, VA (John F. Cafferky, William Porter, Andrea D. Gemignani, of counsel), for Defendants Harvey L. Walls, Mark A. Isaacs, John M. Evans, Richard H. Cohee, Gregory A. Hastings, Nina Lou Bunting, Charles M. Bireley, Donald G. Hattier, M. Elaine McCabe, Lois M. Hobbs, Earl J. Savage, the Indian River School Board, and the Indian River School District.
Presently before the Court is a Motion To Dismiss All Claims Against Him In His Individual Capacity (D.I.7) filed by Defendant Reginald L. Helms and a Motion To Dismiss On Behalf Of Defendants Walls, Isaacs, Evans, Cohee, Hastings, Bunting, Bireley, Hattier, McCabe, Hobbs, Savage And The Indian River School Board And Indian River School District (D.I.32). For the reasons discussed, the Court will grant the Motion To Dismiss filed by Defendant Reginald L. Helms and grant-in-part and deny-in-part the Motion To Dismiss filed by the remaining Defendants.
Plaintiffs filed the instant action on February 28, 2005, pursuant to 42 U.S.C. § 1983. Plaintiffs' Complaint alleges claims based on violations of the First and Fourteenth Amendments of the United States Constitution arising in connection with alleged school sponsored prayer at functions, events and School Board meetings in the Indian River School District (the "District" or the "School District"). Specifically, Plaintiffs allege that (1) Defendants have unconstitutionally created an establishment of religion (Count I), (2) Defendants have violated Plaintiffs' rights to freely exercise their religious beliefs (Count II), and (3) Defendants have failed to train personnel in the Indian River School District to avoid establishing religion within the District and violating the free exercise rights of students, parents and employees in the District. As relief, Plaintiffs request (1) compensatory and nominal damages for the alleged emotional distress and pecuniary loss suffered by Plaintiffs, (2) an injunction (i) banning Defendants from promoting, conducting or permitting religious exercises or prayer at school functions, including but not limited to graduation ceremonies, athletic activities, holiday festivals, awards presentations and School Board meetings, and (ii) requiring the District to distribute its school prayer policies publicly and to establish procedures for reviewing violations of the policy, and (3) a declaratory judgment that the customs, practices and policies of the District with regard to religion at School Board meetings and school functions are unconstitutional.
Defendant Helms filed an Answer to the Complaint and a Motion To Dismiss for failure to state a claim against him in his individual capacity. The remaining Defendants filed a separate Answer and a Motion To Dismiss. The motions have been fully briefed, and therefore, the Court will proceed to the merits of the issues raised by the parties.
The following factual background is taken from the allegations of Plaintiffs' Complaint. Plaintiffs Mona and Marco Dobrich are the parents of twelve year old Plaintiff Alexander Dobrich, who completed grades one through five at North Georgetown Elementary School, and Samantha Dobrich who graduated from Sussex Central High School on June 3, 2004.1 Plaintiffs Mona and Marco Dobrich are homeowners in the District and pay taxes in the District; however, only Plaintiff Marco Dobrich remains a resident of the District. In the Complaint, the Dobrich Plaintiffs have identified themselves as Jewish.
Plaintiffs Jane and John Doe are also residents of the District. Their children are Plaintiff Jordan Doe, who currently does not attend a District school but plans to return to a District school for high school, and Plaintiff Jamie Doe, who currently is a student within the District. The Doe Plaintiffs have not identified themselves, because they fear retaliation by members of the community and employees of the District.
The Defendant School District is located in Southeastern Sussex County and serves the towns of Selbyville, Frankford, Dagsboro, Gumboro, Fenwick Island, Bethany Beach, Ocean View, Millsboro and Georgetown. The District consists of seven elementary schools, two middle schools, two high schools, an arts magnet school and an outdoor education center. The School Board governing the District is a ten member elected body. Defendants Walls, Isaacs, Evans, Cohee, Hastings, Bunting, Bireley, Hattier, Helms and McCabe currently serve on the Board and have been Board members since at least 2002. Defendants Hobbs and Savage are the District Superintendent and Assistant District Superintendent, respectively. They have been in their positions since at least 2002. Ms. Hobbs has announced that she will resign her position in mid-2006.
Plaintiffs allege that school sponsored prayer has pervaded the lives of teachers and students in the District schools. Plaintiffs allege that prayers have been recited at graduation ceremonies, athletic events, potluck dinners, ice cream socials, awards ceremonies, and other events. Plaintiffs also allege that District employees have led three different Bible Clubs, one for sixth grade students, one for seventh grade students and one for eighth grade students, and that students involved in these clubs have received "special privileges" like donuts and being able to head the lines to lunch. Plaintiffs further allege that at least one elementary school in the District distributed Bibles during the 2003 school year, and that religion has become part of the District's curriculum in that several teachers have referred to religion during their classes.
With respect to School Board meetings, Plaintiffs allege that the School Board opens each of its meetings with a prayer and that Defendants Evans and Hattier specifically opened meetings with prayers in "the Lord's name" and "in the name of Christ." Plaintiffs allege that children regularly attend School Board meetings to receive awards and/or for hearings and other matters. Plaintiffs allege that "the School Board makes District and school policy at School Board meetings and that ... School Board meetings are an integral component of the District's public school system." (D.I. 1 at ¶ 69).
In specific response to an incident of Christian prayer at her daughter's graduation ceremony, Plaintiff Mona Dobrich lodged complaints with Defendant Hobbs and Defendant Walls. Plaintiff Mona Dobrich also spoke out at School Board meetings and requested that the name of Jesus not be used at school events. Other members of the public opposed Plaintiff Mona Dobrich's position and spoke out in favor of school sponsored prayer. The School Board eventually announced that it would form a committee to develop a policy regarding prayer at graduation ceremonies.
Local radio stations followed the school prayer issue raised by the Dobrich Plaintiffs. As a result, the issue gained a great deal of public attention. In addition to the feelings of isolation the Dobrich Plaintiffs allege that they suffered as a result of the alleged incidences of school sponsored prayer, the Dobrich Plaintiffs also allege that they have endured public insults, threats and jeering as a result of their stand on the prayer issue. Plaintiffs Mona and Alexander Dobrich allege that as a direct result of the policies and practices of the School Board and School District, they decided to leave the School District. The Dobrich Plaintiffs allege that they were forced to live apart, with Plaintiffs Mona and Alexander Dobrich moving into an apartment in Wilmington so that Alexander could attend private school in Philadelphia, and Plaintiff Marco Dobrich continuing to live in Sussex County so he could retain his employment. The Dobrich Plaintiffs allege that this living arrangement has caused them to have increased expenses in the form of rent for an apartment in Wilmington, in addition to the mortgage for their house in Sussex County.
Although the District formulated new policies entitled "School Prayer at Commencement/Graduation and Baccalaureate Ceremonies", "Board Prayer at Regular Board Meetings" and "Religion," the Plaintiffs allege that these policies were not distributed publicly in order to prevent their implementation and impede their ultimate effectiveness. The Plaintiffs also allege that the District has not conducted investigations into continued complaints, has violated the policies it has formulated, and has failed to respond to good faith efforts by the Plaintiffs and their attorneys to address deficiencies in the policies.
Pursuant to Federal Rule of Civil Procedure 12(b)(6), the Court may dismiss...
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...cert. denied, 126 S.Ct. 426 (2005)(county board); Snyder v. Murray, 159 F.3d 1227 (10th Cir.1998)(city council); Dobrich v. Walls, 380 F.Supp.2d 366 (D.Del. 2005)(school board). 18. In permitting a county to invite clergy from diverse congregations to offer diverse prayers at government mee......
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...to claims alleging a failure to promulgate new rules that would rectify an alleged constitutional violation. See Dobrich v. Walls, 380 F.Supp.2d 366, 378 (D.Del.2005) ("any inaction by the individual ... [d]efendants is shielded by absolute immunity, because their inaction is connected with......
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Doe v. Tangipahoa Parish School Bd.
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Doe v. Indian River Sch. Dist.
...set of plaintiffs, Mona and Marco Dobrich, brought suit individually and on behalf of their son, a twelve-year old. Dobrich v. Walls, 380 F.Supp.2d 366, 370 (D.Del.2005). The Dobriches were residents of the District. Their son had completed grades one through five in the district school. Th......