Waln v. Dysart Sch. Dist.

• Decision Date: 28 February 2021
• Docket Number: No. CV 20-00799 PHX CDB,CV 20-00799 PHX CDB
• Citation: 522 F.Supp.3d 560
• Parties: Larissa WALN, Bryan Waln, Plaintiffs, v. DYSART SCHOOL DISTRICT, et al., Defendants.
• Court: U.S. District Court — District of Arizona

522 F.Supp.3d 560

Larissa WALN, Bryan Waln, Plaintiffs,

v.DYSART SCHOOL DISTRICT, et al., Defendants.

No. CV 20-00799 PHX CDB

United States District Court, D. Arizona.

Signed February 28, 2021

Filed March 1, 2021

ORDER

Camille D. Bibles, United States Magistrate Judge

I. Introduction

Plaintiffs Larissa Waln and her father Bryan Waln are both enrolled tribal members of Sioux Nations, respectively the Sisseton Wahpeton Oyate and Rosebud Sioux. The Walns’ religion, culture, and heritage are central to the issues in the instant case. Larissa Waln graduated from Dysart School District's Valley Vista High School in May of 2019. This action, brought pursuant to 42 U.S.C. § 1983, arises from the denial of Larissa's request to attend the 2019 graduation ceremony wearing a beaded cap crowned with an eagle feather in accordance with her beliefs. Plaintiffs charge Defendants with violating Larissa's First Amendment rights to free speech and the free exercise of her religion and her Fourteenth Amendment right to equal protection, and also assert state constitutional and statutory claims. Plaintiffs seek declaratory judgment, unquantified compensatory and punitive damages, and attorneys’ fees and costs.¹ (ECF No. 7 at 40-41).

Defendants move to dismiss these claims pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (ECF No. 29). With regard to Plaintiffs’ § 1983 claims Defendants assert, inter alia , that Mr. Waln lacks standing; the Defendant Dysart School District Governing Board members are immune from suit; the Walns name entities not amenable to suit under § 1983 ; and the Walns fail to sufficiently allege cognizable § 1983 claims. Defendants contend the denial of Larissa Waln's request to wear a beaded and adorned cap at graduation, pursuant to a content neutral commencement dress code, did not violate Larissa's federal constitutional rights to free speech, the free exercise of her religion, or equal protection, pursuant to controlling legal precedent.

The parties consented to the exercise of magistrate judge jurisdiction over this matter, including the entry of final judgment. (ECF No. 32). The Court does not find that oral argument would assist in deciding Defendants’ motion and will, therefore, exercise its discretion to deny Plaintiffs’ request for oral argument.

II. The Amended Complaint

Plaintiffs’ Amended Complaint names as Defendants the Dysart School District (also "Dysart" or "the District"); the Dysart School District Governing Board ("Governing Board"); Pritchard, Leonard, Densmore, Sawyer-Sinkbeil, and Tanner (who were all members of the Governing Board in May of 2019); Dysart School District Superintendent Kellis; Valley Vista High School; Valley Vista High School Principal Lockhart; Valley Vista High School Assistant Principal Larremore; and Valley Vista High School Assistant Principal Pierce. The Governing Board members and Kellis, Lockhart, Larremore, and Pierce are named as defendants in both their official and individual capacities.

The Amended Complaint asserts: (1) a claim against Dysart and the "Individual Defendants"² in their individual capacities for violation of Larissa Waln's First Amendment right to the free exercise of her religion; (2) a claim against the "Individual Defendants"³ in their individual capacities and Dysart for violation of Larissa Waln's First Amendment right to freedom of speech; (3) a claim against the "Individual Defendants"⁴ in their individual capacities and Dysart for violation of Larissa Waln's Fourteenth Amendment right to equal protection of the law; (4) a claim against the "Individual Defendants" in their individual capacities and Dysart for violation of both Larissa Waln and Bryan Waln's rights to the free exercise of their religion under the Arizona Constitution and the Arizona Free Exercise of Religion Act ("FERA"); and (5) a claim against the "Individual Defendants" in their individual capacities and Dysart for violation of both Larissa Waln and Bryan Waln's rights to freedom of speech under the Arizona Constitution.⁵

Plaintiffs do not dispute that Defendant Valley Vista High School is not a legal entity that can be sued pursuant to § 1983 (ECF No. 37 at 14) and, accordingly, this defendant must be dismissed for want of jurisdiction. Additionally, Plaintiffs’ claim for declaratory relief is moot as Larissa has graduated from Valley Vista High School and is no longer subject to the allegedly unconstitutional dress code. See Cole v. Oroville Union High Sch. Dist. , 228 F.3d 1092, 1098, 1099-1100 (9th Cir. 2000) ("It is well-settled that once a student graduates, [s]he no longer has a live case or controversy justifying declaratory and injunctive relief against a school's action or policy."); Doe v. Madison Sch. Dist. No. 321 , 177 F.3d 789, 798 (9th Cir. 1999) (en banc), citing Ceniceros v. Board of Trustees of the San Diego Unified Sch. Dist. , 106 F.3d 878, 879 n.1 (9th Cir. 1997). Accordingly, Plaintiffs’ claim for declaratory relief must be dismissed as moot.

III. Factual Background

Plaintiff Larissa Waln graduated from Valley Vista High School ("Valley Vista") in May of 2019 and reached the age of majority prior to filing this action.

Dysart School District rented a large private venue for the May 2019 graduation ceremonies conducted by the four high schools in the District. Approximately 1700 to 2000 graduating students participated in these ceremonies, with their families and friends in attendance.

On April 25, 2019, Valley Vista Principal Lockhart communicated the graduation ceremony dress code through a letter to the graduating students’ parents.⁶ In the letter Defendant Lockhart stated: "a school medallion and school approved honor cords and stoles may be worn over gown, no other adornment/additions are allowed." (ECF No. 7-2 at 8). The letter further advised that students "may NOT decorate their gown or cap." (Id. ). The graduation dress code was addressed again during a Valley Vista senior class meeting on May 6, 2019. (ECF No. 7 at 13).

Larissa Waln, who is an enrolled member of the Sisseton Wahpeton Oyate (Sioux), wanted to wear a beaded cap adorned with an eagle plume during the graduation ceremony, for cultural and religious reasons. In anticipation of Larissa's graduation, Bryan Waln, Larissa's father and an enrolled member of the Rosebud Sioux, began "the longstanding cultural and religious practice of intricately beading Larissa's graduation cap to conform to their religious beliefs and tradition. The plume and beaded cap were to be gifted to Larissa to honor her achievement of high school graduation and passage into adulthood." (ECF No. 7 at 3).

After the graduating seniors’ meeting and a Valley Vista parents’ meeting, Mr. Waln asked Assistant Principal Larremore, Principal Lockhart, and Superintendent Kellis to allow Larissa to wear a cap which was beaded and crowned by an eagle feather at the graduation ceremony. All three individual Defendants denied the request. Defendant Kellis informed Plaintiffs Larissa could wear the eagle plume in her hair, around her neck or under her graduation gown, but Larissa and her father responded that in accordance with their religious and cultural beliefs the feather could only be worn on top of her graduation cap. The Native American Rights Fund ("NARF") sent a letter to Defendant Kellis and the American Civil Liberties Union ("ACLU") sent a letter to Defendants Kellis and Pritchard regarding Larissa's desired exemption from the graduation dress code provision prohibiting the embellishment of graduation caps. (ECF No. 7-1; ECF No. 7-3).⁷

In response to the requests from NARF and the ACLU, Plaintiffs and those organizations were informed, via letters from counsel for the District, that students choosing to participate in the elective graduation ceremony would need to comply with the dress code. (ECF No. 7-2; ECF No. 7-4). The letters from counsel for the District stated:

... The District holds commencement exercises to honor the academic achievements of students who have met state and local requirements for graduation from high school. [ ]. A student's participation in commencement is encouraged but not required to receive a high school diploma.

The District's commencement dress code requires all students to wear a cap and gown with tassel without adornment or alteration while participating in the commencement exercises. The reason for this requirement is to preserve the sanctity of the ceremony for graduating students and their families and honor the academic achievements of all students. In addition, the commencement dress code is intended to show respect for the formality of the ceremony, unity for the graduating Class of 2019, and to avoid disruption of the commencement ceremonies that is likely to occur if students are allowed to alter their graduation cap or gown. This commencement dress code is neutral and applied generally to all graduating students. For instance, the District has also denied a request that seminary students be allowed to wear a special adornment on their gown during the graduation ceremony.

***

You have requested that the student be permitted to wear an eagle feather and beaded cap during the graduation ceremony to honor her Native American heritage. The District recognizes the important religious aspects of eagle feathers to Native Americans. Accordingly, the District will permit a student to wear an eagle feather in his or her hair, as a necklace or as other jewelry. This will allow her to participate in the exercise of her religious symbolic speech at the graduation. No student will be permitted to participate in the commencement ceremony with an adorned or altered commencement cap.

(ECF No. 7-2 at 2-3; ECF No. 7-4 at 2-3) (emphasis added). Additionally, in response to the letter from NARF, the District's counsel also stated: "The District has imposed a reasonable restriction on student speech through its commencement dress code to preserve the sanctity and formality of...