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Richard Thompson* (MI P21410)


Edward L. White III* (MI P62485)
Robert J. Muise* (MI P62849)
Thomas More Law Center
3475 Plymouth Road, Suite 100
Ann Arbor, Michigan 48105
(734) 827-2001; Fax: (734) 998-4778
*Admitted pro hac vice
Anthony Francois (CA Bar No. 184100)
1128 34th Avenue
Sacramento, CA 95822
(916) 446-4647; Fax: (916) 446-1391
Local Counsel .
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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JONAS EKLUND and TIFFANY EKLUND,


both individually and as next friends of CHASE
EKLUND, a minor, and SAMANTHA EKLUND,
a minor, JAY DUPEE, individually and as next
friend of MORGAN DUPEE, a minor, and
TAYLOR DUPEE, a minor, and HEATHER
SLOAN, individually and as next friend of
MORGAN DUPEE, a minor, and TAYLOR
DUPEE, a minor,
Plaintiffs,

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v.

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CASE NO. C-02-3004-PJH

FIRST SUPPLEMENTAL
BYRON UNION SCHOOL DISTRICT,
COMPLAINT
THOMAS MEYER, in his official capacity as
Superintendent of the Byron Union School
District, NANCIE CASTRO, individually and
in her official capacity as the Principal of
Byron/Excelsior Public School, BROOKE CARLIN,
individually and in her official capacity as a teacher at
Byron/Excelsior Public School, MICHELE CARR,
individually and in her official capacity as a teacher at
Byron/Excelsior Public School,
Defendants.
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First Supplemental Complaint , No. C-02-03004-PJH - 1

Plaintiffs, by and through their undersigned attorneys, bring this Complaint against the

above-named Defendants, their employees, agents, and successors in office, and in support

thereof allege the following upon information and belief:

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INTRODUCTION
1.

This civil action is brought on behalf of four California parents and their children

who object to and have been injured by the Byron Union School Districts (hereinafter

Defendant School District) funding and implementation of a curriculum that promotes and
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coerces the practice of the Islamic faith in the Byron/Excelsior Public School (hereinafter
Excelsior) in violation of the First and Fourteenth Amendments to the United States
Constitution and 42 U.S.C. 1983.
2.

For three consecutive weeks during the first semester of the 2001-2002 school

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year, a course entitled The Roots of Islam and the Empire (hereinafter Islam Course) was

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taught as part of the seventh grade World History class at Excelsior. The Islam Course

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included the use and implementation of materials entitled Islam: A simulation of Islamic

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history and culture (hereinafter Islam Simulation and attached as Exhibit A).

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Upon

information and belief, the Defendant School District and Excelsior intend to continue teaching

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the Islam Course with the Islam Simulation in future World History classes.
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3.

During the first semester of the 2002-2003 school year, the seventh grade World

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History class at Excelsior again included the teaching of the Islamic religion to students.
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4.

The Islam Simulation part of the Islam Course impermissibly endorses and

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advances the Islamic religion, conveys a message of disapproval of Christianity, and compels

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students to participate in Islamic religious exercises in violation of the United States

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Constitution and 42 U.S.C. 1983. In addition to the Islam Simulation materials, students in

First Supplemental Complaint , No. C-02-03004-PJH - 2

the World History course are directed to use the textbook, Across the Centuries, in which

Christians are portrayed as religious persecutors of Jews and non-Christians, and Muslims are

portrayed as tolerant people who permitted Christians and Jews full religious freedom.

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5.

Plaintiffs seek a declaration that funding and implementing the Islam Simulation

part of the Islam Course is unconstitutional and a permanent injunction enjoining the future
funding and implementation of the Islam Simulation in the schools curriculum. Plaintiffs also

seek an award of reasonable costs of litigation, including attorneys fees and expenses, pursuant
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to 42 U.S.C. 1988. The claims for nominal damages are made pursuant to 42 U.S.C. 1983.
JURISDICTION AND VENUE

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6.

This action arises under the First and Fourteenth Amendments to the United

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States Constitution and 42 U.S.C. 1983. Jurisdiction is conferred on this Court pursuant to 28

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U.S.C. 1331 and 1343(a)(3).

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7.

Plaintiffs claims for declaratory and injunctive relief are authorized by 28

U.S.C. 2201 and 2202, by Rules 57 and 65 of the Federal Rules of Civil Procedure, and by
the general legal and equitable powers of this Court.
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Venue is proper under 28 U.S.C. 1391(b) because a substantial part of the

events or omissions giving rise to the Plaintiffs claims occurred in this district.

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INTRADISTRICT ASSIGNMENT
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9.

Pursuant to Civil L.R. 3-2(c)-(d) and Civil L.R. 3-5(b), this case is properly

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assigned to the San Francisco Division because a substantial part of the events or omissions
giving rise to the Plaintiffs claims occurred in Contra Costa County, California.

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First Supplemental Complaint , No. C-02-03004-PJH - 3

PLAINTIFFS

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10.

Plaintiff Jonas Eklund is a resident of Discovery Bay, California, and he is the

father and next friend of his son Plaintiff Chase Eklund and his daughter Plaintiff Samantha
Eklund. Plaintiff Jonas Eklund is a California taxpayer and municipal taxpayer, and he pays
taxes that support the Defendant School District, including Excelsior. A portion of his tax

money funds the Islam Course, in particular, a portion of his tax money purchases the Islam
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Simulation materials, which, upon information and behalf, cost $50.00 a piece.

He is a

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Christian, and he objects to the use of his tax dollars to fund the Islam Simulation part of the
Islam Course because it advances religious views that conflict with his private beliefs, the

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beliefs of his children, and the beliefs of his family. Plaintiff Jonas Eklund is suing on his own

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behalf and on behalf of his minor children, Plaintiffs Chase and Samantha Eklund, as their next

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friend.

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11.

Plaintiff Tiffany Eklund is a resident of Discovery Bay, California, and she is the

mother and next friend of her son Plaintiff Chase Eklund and her daughter Plaintiff Samantha
Eklund. Plaintiff Tiffany Eklund is a California taxpayer and municipal taxpayer, and she pays
taxes that support the Defendant School District, including Excelsior. A portion of her tax

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money funds the Islam Course, in particular, a portion of her tax money purchases the Islam
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Simulation materials, which, upon information and behalf, cost $50.00 a piece. She is a
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Christian, and she objects to the use of her tax dollars to fund the Islam Simulation part of the
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Islam Course because it advances religious views that conflict with her private beliefs, the

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beliefs of her children, and the beliefs of her family. Plaintiff Tiffany Eklund is suing on her

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own behalf and on behalf of her minor children, Plaintiffs Chase and Samantha Eklund, as their

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next friend.

First Supplemental Complaint , No. C-02-03004-PJH - 4

12.

Plaintiff Chase Eklund is a resident of Discovery Bay, California, and he is the

minor son of Plaintiffs Jonas Eklund and Tiffany Eklund. Plaintiff Chase Eklund was a seventh

grade student in the Islam Course during the 2001-2002 school year at Excelsior, and he is

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currently in the eighth grade at Excelsior. He received the Islam Simulation materials, and he
was compelled to participate in the religious exercises of the course. Plaintiff Chase Eklund is a

Christian, and he objects to the Islam Simulation part of the Islam Course because it advances
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and coerces religious views that conflict with his private beliefs and the beliefs of his family.
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Plaintiff Chase Eklund is suing by his next friends Plaintiffs Jonas Eklund and Tiffany Eklund.
13.

Plaintiff Samantha Eklund is a resident of Discovery Bay, California, and she is

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the minor daughter of Plaintiffs Jonas Eklund and Tiffany Eklund. Plaintiff Samantha Eklund

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was in the sixth grade at Excelsior during the 2001-2002 school year, and she is currently in the

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seventh grade at Excelsior. Plaintiff Samantha Eklund is a Christian, and she objects to the

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Islam Simulation part of the Islam Course because it advances religious views that conflict with

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her private beliefs and the beliefs of her family. Plaintiff Samantha Eklund is suing by her next

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friends Plaintiffs Jonas Eklund and Tiffany Eklund.


14.

Plaintiff Jay DuPee is a resident of Byron, California, and he is the father and

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next friend of his daughters Plaintiffs Taylor and Morgan DuPee. Plaintiff Jay DuPee is a
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California taxpayer and municipal taxpayer, and he pays taxes that support the Defendant
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School District, including Excelsior. A portion of his tax money funds the Islam Course, in
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particular, a portion of his tax money purchases the Islam Simulation materials, which, upon

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information and behalf, cost $50.00 a piece. He is a Christian, and he objects to the use of his

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tax dollars to fund the Islam Simulation part of the Islam Course because it advances religious

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views that conflict with his private beliefs, the beliefs of his children, and the beliefs of his

First Supplemental Complaint , No. C-02-03004-PJH - 5

family. Plaintiff Jay DuPee is suing on his own behalf and on behalf of his minor children,

Plaintiffs Taylor and Morgan DuPee, as their next friend.

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15.

Plaintiff Heather Sloan is a resident of Discovery Bay, California, and she is the

mother and next friend of her daughters Plaintiffs Taylor and Morgan DuPee. Plaintiff Heather
Sloan is a California taxpayer and municipal taxpayer, and she pays taxes that support the

Defendant School District, including Excelsior. A portion of her tax money funds the Islam
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Course, in particular, a portion of her tax money purchases the Islam Simulation materials,
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which, upon information and belief, cost $50.00 a piece. Plaintiff Heather Sloan is a Christian,
and she objects to the use of tax dollars to fund the Islam Simulation part of the Islam Course

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because it advances religious views that conflict with her private beliefs, the beliefs of her

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children, and the beliefs of her family. Plaintiff Heather Sloan is suing on her own behalf and

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on behalf of her minor children, Plaintiffs Taylor and Morgan DuPee, as their next friend.

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Plaintiff Taylor DuPee is a resident of Byron, California, and she is the minor

daughter of Plaintiffs Jay DuPee and Heather DuPee. Plaintiff Taylor DuPee was a third grade
student at Discovery Bay Elementary School in the Defendant School District during the 20012002 school year, and she is currently in the fourth grade in that school; she will attend

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Excelsior in the future. Plaintiff Taylor DuPee is a Christian, and she objects to the Islam
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Simulation part of the Islam Course because it advances religious views that conflict with her
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private beliefs and the beliefs of her family. Plaintiff Taylor DuPee is suing by her next friends
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Plaintiff Jay DuPee and Heather DuPee.


17.

Plaintiff Morgan DuPee is a resident of Byron, California, and she is the minor

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daughter of Plaintiffs Jay DuPee and Heather DuPee. Plaintiff Morgan DuPee was a second

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grade student at Discovery Bay Elementary School in the Defendant School District during the

First Supplemental Complaint , No. C-02-03004-PJH - 6

2001-2002 school year, and she is currently in the third grade in that school; she will attend

Excelsior in the future. Plaintiff Taylor DuPee is a Christian, and she objects to the Islam

Simulation part of the Islam Course because it advances religious views that conflict with her

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private beliefs and the beliefs of her family. Plaintiff Taylor DuPee is suing by her next friends
Plaintiffs Jay DuPee and Heather DuPee.

DEFENDANTS
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18.

Defendant School District is a public school district located in Byron, California.

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Upon information and belief, Defendant School District is responsible and has oversight and
supervisory authority for the curricula used and taught in the schools within its district,

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including the Islam Course with the Islam Simulation.

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Defendant School District and is located in Byron, California. Upon information and belief,

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Defendant School District and Excelsior are funded in part by taxpayer dollars, including the

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tax contributions of Plaintiffs Tiffany Eklund, Jonas Eklund, and Jay DuPee. At all relevant

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times herein, Defendant School District was acting under color of state law as that phrase is

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Excelsior is a school within the

used in 42 U.S.C. 1983.


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Defendant Thomas Meyer is the superintendent of the Defendant School District.

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Upon information and belief, Defendant Meyer is responsible and has oversight and supervisory
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authority for the curricula used and taught in the schools within the Defendant School District,
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including the Islam Course with the Islam Simulation. At all relevant times herein, Defendant
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Meyer was acting under color of state law as that phrase is used in 42 U.S.C. 1983.

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Defendant Meyer is sued in his official capacity as the superintendent of the Defendant School

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District.

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First Supplemental Complaint , No. C-02-03004-PJH - 7

20.

Defendant Nancie Castro is the principal of Excelsior. Upon information and

belief, Defendant Castro is responsible and has oversight and supervisory authority for the

curricula used and taught in Excelsior, including the Islam Course with the Islam Simulation.

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At all relevant times herein, Defendant Castro was acting under color of state law as that phrase
is used in 42 U.S.C. 1983. Defendant Castro is sued individually and in her official capacity

as the principal of Excelsior.


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21.

Defendant Brooke Carlin is a teacher at Excelsior, and she taught the Islam

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Course with the Islam Simulation at Excelsior in the seventh grade during the 2001-2002 school
year. Upon information and belief, Defendant Carlin is responsible for the curriculum used and

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taught in her seventh grade classes at Excelsior, including the Islam Course with the Islam

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Simulation. At all relevant times herein, Defendant Carlin was acting under color of state law

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as that phrase is used in 42 U.S.C. 1983. Defendant Carlin is sued individually and in her

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official capacity as a teacher at Excelsior.

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22.

Defendant Michele Carr is a teacher at Excelsior, and she taught the Islam

Course with the Islam Simulation at Excelsior to the seventh grade during the 2002-2003 school
year. Upon information and belief, Defendant Carr is responsible for the curriculum used and

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taught in her seventh grade classes at Excelsior, including the Islam Course with the Islam
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Simulation. At all relevant times herein, Defendant Carr was acting under color of state law as
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that phrase is used in 42 U.S.C. 1983. Defendant Carr is sued individually and in her official
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capacity as a teacher at Excelsior.

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First Supplemental Complaint , No. C-02-03004-PJH - 8

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STATEMENT OF FACTS
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California has mandatory attendance requirements that require children of school

age, such as Plaintiffs Chase Eklund, Samantha Eklund, Taylor DuPee, and Morgan DuPee, to
attend school.
24.

As part of the curricula taught at Excelsior, seventh grade students attend a class

entitled World History. World History was taught in the first semester of the 2001 and 2002

academic year at Excelsior and consisted of twenty-one weeks of study. As part of this class,
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the students were required to attend and participate for approximately three weeks in the Islam
Course with the Islam Simulation. The Islam Course was the only portion of the World History

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class that required simulation exercises. The simulation exercises were contained in the Islam

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Simulation. Upon information and belief, the Defendants intend to continue teaching World

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History and the Islam Course in the future, including the use of the Islam Simulation as part of

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the Islam Course.

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25.

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Before the start of the Fall 2001 semester, Plaintiffs Jonas Eklund, Tiffany

Eklund, and Chase Eklund were not informed of, and were unaware of, any opt-out policy of
the Defendants with regard to the Islam Course with the Islam Simulation.

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26.

Before the start of the Islam Course with the Islam Simulation in the Fall 2001

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semester, Plaintiffs Jonas Eklund and Tiffany Eklund never received any notice from
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Defendants explaining the use and/or purpose of the Islam Simulation part of the Islam Course.
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27.

The students who attended and participated in the Islam Course with the Islam

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Simulation received a grade for their efforts and were encouraged to perform their best at all

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tasks in order to guarantee . . . an excellent grade. A students grade for the Islam Course

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with the Islam Simulation was computed in the students overall grade for the semester and

First Supplemental Complaint , No. C-02-03004-PJH - 9

would affect whether the student would pass the class and eventually get promoted to the next

grade level.

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28.

In the Islam Simulation materials provided to the students of the Islam Course,

the students were told that [f]rom the beginning, you and your classmates will become
Muslims. The students were required to be members of a caravan group that tried to be the
first group to complete a pilgrimage to Mecca, the holiest of Islamic cities. The students were

told that [t]his pilgrimage or hajj is a requirement of all faithful Muslims once in their
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lifetime.
29.

During the Islam Course with the Islam Simulation, the students were to pick

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an (sic) Muslim name to obtain points toward their grade in the course. Each selected Muslim

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name was printed on a card, and during class the students wore around their necks the cards

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indicating their Muslim names. Plaintiff Chase Eklunds Muslim name was Abu. Students lost

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points toward their grade in the course if they did not wear the name cards during class.

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30.

During the Islam Course with the Islam Simulation, the students were

encouraged to dress as Muslims to earn points toward their grade in the course. Defendant
Brooke Carlin displayed in her seventh grade classroom an example of Islamic dress for the

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students to use as a model. Students were to make a costume at home that looked similar to the
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one Defendant Carlin had displayed in her classroom and wear the costume to class.
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31.

While portraying Muslims, the students were encouraged to use phrases in their

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speech such as in sha Allah or God is willing and Allah Akbar, Arabic for God is great.
32.

While participating in a game called Jihad to earn points toward their grade in

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the course, the students exchanged Dirham, which had inscribed on them the following: In

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the name of God, the Merciful, the Compassionate.

First Supplemental Complaint , No. C-02-03004-PJH - 10

33.

The students of the Islam Course with the Islam Simulation were told that an

important activity was learning Islams Five Pillars of Faith by imitating a requirement of

each Pillar. According to the Islam Simulation, the Five Pillars of Faith are [c]entral to being

a faithful Muslim, and they are considered the five important duties of a faithful Muslim.

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These Pillars include Shahada: Profession of ones faith publicly that there is only one God,
and Muhammad is his prophet; Salaat: Prayer five times daily facing Mecca; Zakaat:

Charity or alms for the poor; Ramadan: Fasting during the ninth month of the Islamic
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Calendar; and Hajj: Pilgrimage (religious journey) to the city of Mecca.


34.

The students in the Islam Course with the Islam Simulation were instructed that

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they must complete the Muslims Five Pillars of Faith. In order to show the students

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understanding of Shahada (profession of faith), the First Pillar, the students were told to

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complete a city banner which uses Arabesque designs and has the name of the city and the

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Bismillah (in the name of God, the Merciful, the Compassionate, the opening words of the

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Quran) written on it.

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35.

The Second Pillar, Salaat (prayer), was simulated by requiring the students to

analyze at least one verse from The Quran and memorize five Islamic proverbs. If called on,
the student had to be prepared to explain the Quran verse or recite an Islamic proverb and

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explain what either means in our culture.


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36.

The Third Pillar, Ramadan (fasting), was completed by directing the students to

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fast by giving up one lunch or snack period. Fasting was described as the principal act of

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devotion during this holy month. The students were given the option of giving up one snack

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and/or TV or radio program at home or to substitute this with silent reading or extra

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homework during this period with parent verification.

Students who fasted during the

First Supplemental Complaint , No. C-02-03004-PJH - 11

Ramadan segment of the course were able to earn additional points toward their grade in the

course.

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37.

The Fourth Pillar, Zakaat (charity or alms giving), was simulated by requiring

each student to provide one service for one of the following: community, school, faculty,
administration, rival group. If members of the student group did not meet this requirement,
the Muslim tithe of two and a half percent must be paid for the poor to the students teacher

before the Islamic Bowl.


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38.

The Fifth Pillar, Hajj (pilgrimage to Mecca) was simulated during THE RACE

TO MECCA.

The students were told that [a] Muslim, at least once in his lifetime if

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physically and financially able to do so, is required to make a pilgrimage to the holy city of

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Mecca.

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39.

The students of the Islam Course were instructed by the Islam Simulation

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materials that during the most important event, you will listen to a companion of Prophet

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Muhammad explain about Muhammads life, his teachings, and his influence on the world

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today. The students were taught that Muhammad was Gods final prophet who perfected

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Islam. They were told that Prophet Muhammad has been called the most influential man in
history and that [b]efore God revealed His message to Prophet Muhammad, the Arabs

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worshiped many gods. The students were instructed that Muhammad was told by the angel
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Gabriel to be the apostle of God and to warn the people. The students were also warned that
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at times they could be misdirected by a jinn (devil).


40.

During the Islam Course with the Islam Simulation, the students participated in

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so-called games, through which students could earn points toward their grade in the course.

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These games required the students to do things such as Complete this phrase: Allah is the

First Supplemental Complaint , No. C-02-03004-PJH - 12

only true God and Muhammad is his __________; or fill in the blank: A phrase believers

recite to become a Muslim: __________; or answer truth, fact, or trivia to such claims

as follows: The Quran has 114 chapters or suras, has 6,226 verses, and is Gods third

revelation that was revealed to Prophet Muhammad. Fact; The Holy Quran is Gods word as

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revealed to Prophet Muhammad through the Archangel Gabriel. Truth.; Archangel Gabriel
came to Prophet Muhammad while he meditated in a cave and revealed Gods word to him.

Revelations continued for 23 years. Truth. In one Bulletin Card the students are told Your
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tribe repels an attack by infidels (non-believers). Praise Allah. Gain 5 dirhams.


41.

As part of the Islam Course with the Islam Simulation, the students were
What THREE

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required to write a five-paragraph essay on the following topic:

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important/interesting facts or ideas did you learn while studying Islam? (Attached as Exhibit

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B.) As part of the instructions on completing this requirement, the students were given the

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following guidance and warning: How did these new facts or ideas change or not change your

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view (opinion) of the religion of Islam and/or Muslim people?BE CAREFUL HEREif

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you do not have something positive to say, dont say anything!!!!

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42.

In the section on Islamic prayer, the Islam Simulation materials provided to

the students explained the Steps in prayer, and taught the students the fatiha: The opening

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sura (chapter) in the Quran that is recited at every daily prayer either silently or aloud,
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depending on the time of day that prayer is performed. The fatiha was provided in the Islam
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Simulation as follows:
In the name of God, Most Gracious,
Most Merciful.
Praise be to God, The Cherisher
and Sustainer of the Worlds;
Most Gracious, Most Merciful;
Master of the Day of Judgment;

First Supplemental Complaint , No. C-02-03004-PJH - 13

Thee do we worship,
And Thine aid we seek,
Show us the straight path.
The way on those whom Thou
hast bestowed Thy Grace.
Those whose portion is not wrath,
And who go not astray.
Amen.

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43.

The teacher notes in the Islam Simulation materials state the following: To

give extra flavor to the presentation, you should use proper phrases like God willing and

Allah has power over all things, as well as quote appropriate proverbs; Stress that those

students who do not dress up will not be allowed to actively participate and must sit at the back

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of the room; Please note that Muslim organizations we have consulted feel very apprehensive

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about this role-play. If you feel that your students will not enter into this activity with a serious
attitude, use the Lecture Option.

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44.

During the Islam Course with the Islam Simulation, Defendant Brooke Carlin

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asked the students questions from the Islam Simulation materials, including the following:
Prophet Muhammad is Gods messenger and the final prophet. How does God speak through

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Prophet Muhammad?; What will hell or heaven be like?; and Can you describe the

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circumstances in which Prophet Muhammad made his night journey to heaven?

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45.

The students of the Islam Course were required to design and make a prayer rug

out of paper pursuant to the instructions of the Islam Simulation materials.


46.

During a simulated game show called the Islamic Bowl, the Islam Simulation

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materials suggested a script that concluded with the following statement: So until next time,

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in sha Allah, assalam aleikoom and Allah akbar (God willing, may peace be with you, and

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there is none greater than God Almighty).

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First Supplemental Complaint , No. C-02-03004-PJH - 14

47.

Plaintiff Samantha Eklund, the thirteen year old daughter of Plaintiffs Jonas and

Tiffany Eklund, is enrolled in the World History class at Excelsior for the 2002-2003 school

year. Plaintiff Samantha Eklunds teacher is Defendant Michele Carr.

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48.

On October 21, 2002, Plaintiff Samantha Eklund brought home a notebook that

contained notes from her World History class. Some of her class notes indicated that the school

was again teaching religion to the students. As a result, Plaintiff Tiffany Eklund sent a note to
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Defendant Carr, informing her that Samantha was not to be involved in the unit on Islam.
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49.

Upon receiving this note from Plaintiff Samantha Eklund, Defendant Carr

became angry, held up the note in class and shouted, Is there anyone else. Defendant Carr

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then directed Plaintiff Samantha Eklund to go to the school office. This was upsetting to

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Plaintiff Samantha Eklund, who heard other students comment about her being in trouble for

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having done something wrong.

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50.

Because her parents did not want her to be exposed to the Islam Simulation,

Plaintiff Samantha Eklund was required to report to the school office or another teachers
classroom for more than a month. During this time, which was often three full periods of
instruction a day, Plaintiff Samantha Eklund would work on school assignments. For nearly
half the school day during this opt-out period, Plaintiff Samantha Eklund would work on her

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own without instruction or guidance from a teacher.


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51.

Because Plaintiff Samantha Eklund opted-out of the Islam unit, Defendant

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Carr had Plaintiff Samantha Eklund study on her own an entire chapter on the French

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revolution. After Plaintiff Samantha Eklund completed this chapter, she was given a test, which

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she failed. This failing grade is part of her school record, and it is computed in her overall

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grade for the semester.

Students who attended the World History class with the Islam

First Supplemental Complaint , No. C-02-03004-PJH - 15

Simulation did not have to study the French revolution chapter on their own, nor take a test on

it.

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52.

While she was opted-out of her regular class, Plaintiff Samantha Eklund was

separated from her fellow students and friends. Plaintiff Samantha Eklund felt like she was
being singled out because of her religious beliefs. Moreover, because Plaintiff Tiffany Eklund

was forced to remove Plaintiff Samantha Eklund from the World History class, she experienced
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the burden of having to separate her child from her fellow students and friends, knowing that
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this would cause anguish for her child. In addition, because Plaintiff Samantha Eklund was
compelled to opt-out of the World History class based on her religious beliefs, Plaintiff

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Samantha Eklund was deprived the benefits of a public school education, which her parents,

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Plaintiffs Jonas and Tiffany Eklund, fund in part through their tax dollars. By continuing to

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expose students to offensive religious indoctrination, school officials in the Byron Union

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School District are placing a substantial burden on the parents and their childrens religious

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beliefs.

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FIRST CLAIM FOR RELIEF


(Establishment Clause Violation)

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53.

Plaintiffs hereby incorporate by reference all above-stated paragraphs.

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54.

Defendants policy, practice, procedure, and/or custom of funding and

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implementing the Islam Simulation part of the Islam Course in Excelsior violates the

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Establishment Clause of the First Amendment of the United States Constitution in that it

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impermissibly endorses and advances the Islamic religion, conveys a message of disapproval of

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Christianity, and compels students to participate in Islamic religious exercises therefore

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depriving the Plaintiffs of their rights guaranteed to them under the First Amendment to the
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First Supplemental Complaint , No. C-02-03004-PJH - 16

United States Constitution as applied to the states and their political subdivisions under the

Fourteenth Amendment to the United States Constitution and 42 U.S.C. 1983.

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55.

As a direct and proximate result of the Defendants violation of the Plaintiffs

rights, the Plaintiffs have suffered irreparable harm, including the loss of their constitutional
rights, and this harm will continue absent injunctive relief; therefore, plaintiffs are entitled to an

injunction and an award of nominal damages.


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SECOND CLAIM FOR RELIEF


(Free Exercise Clause Violation)

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56.

Plaintiffs hereby incorporate by reference all above-stated paragraphs.

57.

Defendants policy, practice, procedure, and/or custom of funding and

implementing the Islam Simulation part of the Islam Course in Excelsior violated the Free

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Exercise Clause of the First Amendment of the United States Constitution in that it
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impermissibly and substantially burdened the free exercise right of Plaintiff Chase Eklund
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therefore depriving Plaintiff Chase Eklund of the rights guaranteed to him under the First
Amendment to the United States Constitution as applied to the states and their political

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subdivisions under the Fourteenth Amendment to the United States Constitution and 42 U.S.C.

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1983.

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58.

As a direct and proximate result of the Defendants violation of Plaintiff Chase

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Eklunds rights, Plaintiff Chase Eklund has suffered irreparable harm, including the loss of his

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constitutional rights, and he is entitled to an award of nominal damages.

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THIRD CLAIM FOR RELIEF


(Parental Rights Violation)

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59.

Plaintiffs hereby incorporate by reference all above-stated paragraphs.

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60.

Defendants policy, practice, procedure, and/or custom of funding and

implementing the Islam Simulation part of the Islam Course in Excelsior infringes the rights of
First Supplemental Complaint , No. C-02-03004-PJH - 17

Plaintiffs Jonas Eklund and Tiffany Eklund in raising their children according to the religion,

system of values, and moral norms they deem appropriate and infringes their rights to the care,

custody, education of and association with their children, in contravention of the First and

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Fourteenth Amendments to the United States Constitution and 42 U.S.C. 1983.


61.

As a direct and proximate result of the Defendants violation of the rights of

Plaintiffs Jonas Eklund and Tiffany Eklund, Plaintiffs Jonas Eklund and Tiffany Eklund have
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suffered irreparable harm, including the loss of their constitutional rights, and they are entitled
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to an award of nominal damages.


FOURTH CLAIM FOR RELIEF
(Free Exercise Clause Violation)

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62.

Plaintiffs hereby incorporate by reference all above-stated paragraphs.

63.

Defendants policy, practice, procedure, and/or custom of funding and

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implementing the Islam Simulation part of the Islam Course in Excelsior violated the Free
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Exercise Clause of the First Amendment of the United States Constitution in that it
impermissibly and substantially burdened the free exercise right of Plaintiff Samantha Eklund

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therefore depriving Plaintiff Samantha Eklund of the rights guaranteed to her under the First

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Amendment to the United States Constitution as applied to the states and their political

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subdivisions under the Fourteenth Amendment to the United States Constitution and 42 U.S.C.

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1983.

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64.

As a direct and proximate result of the Defendants violation of Plaintiff

Samantha Eklunds rights, Plaintiff Samantha Eklund has suffered irreparable harm, including
the loss of her constitutional rights, and she is entitled to an award of nominal damages.

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First Supplemental Complaint , No. C-02-03004-PJH - 18

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WHEREFORE, the Plaintiffs ask this Court:

A)

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to declare that the Defendants have violated the Establishment Clause of the

United States Constitution by funding and implementing the Islam Simulation part of the Islam
Course, as set forth in this Complaint;

B)

to declare that the Defendants have violated the free exercise rights under the

United States Constitution of Plaintiffs Chase Eklund and Samantha Eklund, as set forth in this
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Complaint;
C)

to declare that the Defendants have violated the parental rights under the United

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States Constitution of Plaintiffs Jonas Eklund and Tiffany Eklund by funding and implementing

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the Islam Simulation part of the Islam Course, as set forth in this Complaint;

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D)

to permanently enjoin the Defendants, their supervisors, employees, agents, and

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successors in office from funding and implementing the Islam Simulation part of the Islam

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Course, as set forth in this Complaint;

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E)

to award Plaintiffs nominal damages for violation of their constitutional rights

pursuant to 42 U.S.C. 1983;

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F)

to award the Plaintiffs their reasonable attorneys fees, costs, and expenses

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pursuant to 42 U.S.C. 1988 and other applicable law;


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G)

to grant such other and further relief as this Court should find just and proper.

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First Supplemental Complaint , No. C-02-03004-PJH - 19

Respectfully submitted this 22nd day of April, 2003.

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____________________________________
Richard Thompson, Esq.*
Edward L. White III, Esq.*
Robert J. Muise, Esq.*
Thomas More Law Center
3475 Plymouth Road, Suite 100
Ann Arbor, MI 48105-4778
(734) 827-2001; Fax: (734) 998-4778
*Admitted pro hac vice

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Anthony Francois (CA Bar No. 184100)


1128 34th Avenue
Sacramento, CA 95822
(916) 446-4647; Fax: (916) 446-1391
Local Counsel
Attorneys for Plaintiffs

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First Supplemental Complaint , No. C-02-03004-PJH - 20

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing PLAINTIFFS FIRST

SUPPLEMENTAL COMPLAINT and attached exhibits was served pursuant to Civil L.R. 5-

5(a)(1) on the following counsel of record on April 22, 2003, in Ann Arbor, Michigan, by

placing said documents in an envelope and delivering by pre-paid, First Class United

States Mail, to:


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STEPHEN P. BERZON
LINDA LYE
Altshuler, Berzon, Nussbaum, Rubin & Demain
177 Post Street, Suite 300
San Francisco, CA 94108
Attorneys for Defendants
I declare under penalty of perjury that the foregoing is true and correct. Executed on this 22nd
day of April, 2003, in Ann Arbor, Michigan.

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______________________________
Nora Hudge

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First Supplemental Complaint , No. C-02-03004-PJH - 21