Ayers Annie Complaint

1 Jeremy M.
Dobbins, SBN 320648

LAW OFFICE OF JEREMY M. DOBBINS
2 1225 East Divisadero Street
3 Fresno, CA 93721
Office: (559) 306-6580
4 Facsimile: (559) 316-4070
jeremy@jeremymdobbins.com
5
Attorney for Plaintiff Anne Ayers
6
7
UNITED STATES DISTRICT COURT
8
EASTERN DISTRICT OF CALIFORNIA
9
10
ANNE KIMIKO AYERS, No.
11
Plaintiff, COMPLAINT FOR DAMAGES FOR
12 VIOLATIONS OF 42 U.S.C. § 1983, 20
v. U.S.C. §§ 4071-4074; THE FIRST
13 AMENDMENT’S FREEDOM OF SPEECH
FELLOWSHIP OF CHRISTIAN AND FREEDOM OF ASSOCIATION, THE
14 ATHLETES, RON NELSON, KINGS FIRST AMENDMENT’S FREE EXERCISE
CANYON UNIFIED SCHOOL CLAUSE AND ESTABLISHMENT
15 DISTRICT, TIMOTHY WARKENTIN IN CLAUSE, THE EQUAL PROTECTION
HIS OFICIAL CAPACITY AS A CLAUSE OF THE FOURTEENTH
16 TEACHER AND SCHOOL SPONSOR AMENDMENT, AND FOR MONELL
OF THE FELLOWSHIP OF CHRISTIAN LIABILITY
17 ATHLETES, REEDLEY MENNONITE
BRETHREN CHURCH, JOEL KERSEY,
18 KINGS CANYON UNIFIED SCHOOL
DISTRICT SCHOOL BOARD, NOEL JURY TRIAL DEMANDED
19 REMICK IN HIS OFFICIAL CAPACITY
AS BOARD MEMBER TRUSTEE OF
20 AREA 1 OF THE KINGSCANYON
UNIFIED SCHOOL DISTRICT, SARAH
21 ROLA IN HER OFFICIAL CAPACITY
AS BOARD MEMBER TRUSTEE OF
22 AREA 2 OF THE KINGSCANYON
UNIFIED SCHOOL DISTRICT, CONNIE
23 BROOKS IN HER OFFICIAL
CAPACITY AS BOARD MEMBER
24 TRUSTEE OF AREA 3 OF THE KINGS
CANYON UNIFIED SCHOOL
25 DISTRICT, ROBIN TYLER IN HER
OFFICIAL CAPACITY AS BOARD
26 MEMBER TRUSTEE OF AREA 4 OF
THE KINGSCANYON UNIFIED
27 SCHOOL DISTRICT, MANUEL
FERREIRA IN HIS OFFICIAL
28 CAPACITY AS BOARD MEMBER
1
1 TRUSTEE OF AREA 5 OF THE KINGS
2 DISTRICT, CRAIG A. COOPER IN HIS
OFFICAIL CAPACITY AS BOARD
3 MEMBER TRUSTEE OF AREA 6 OF
THE KINGS CANYON UNIFIED
4 SCHOOL DISCTRICT, CLOTILDA
MORA IN HER OFFICIAL CAPACITY
5 AS BOARD MEMBER TRUSTEE OF
AREA 7 OF THE KINGS CANYON
6 UNIFIED SCHOOL DISTRICT, JUAN
GARZA IN HIS OFFICIAL CAPACITY
7 AS SUPERINTENDENT OF THE KINGS
8 DISTRICT, AND ROBERTO
GUTIERREZ IN HIS OFFICIAL
9 CAPACITY AS PRINCIPAL OF
REEDLEY HIGHSCHOOL,
10
Defendants.
11
12 Anne Kimiko Ayers, herein known by name or as "Plaintiff," by and through her attorneys, allege
as follows:
13 PARTIES
14 (1) Plaintiff, Anne Ayers is a natural person and is a resident of Reedley, Fresno County,
California. Anne is a recent graduate of Reedley high school where she attended all four years of
15 high school in the Kings canyon unified school district.
16
(2) Defendant, Fellowship of Christian Athletes (“FCA”), is a 503c non-profit organization
17 Headquartered out of Kansas City, Missouri in Jackson County. They were founded 1954. Their
current CEO is Shane Williamson who has led the organization from January 1, 2017 to present.
18
(3) Defendant, Ron Nelson is a natural person who resides, upon information and belief, in
19
Fresno, California. Defendant Nelson is the Multi Area Director of the Central Valley FCA.
20 Nelson was acting under color of state law at all times relevant to this complaint. Defendant
Nelson is sued individually and in his professional capacity.
21
(4) Defendant, Kings canyon unified school district (“District”) serves children from preschool
22 through high school. They are a public-school system that serves a near 10,000 student
population on 22 campuses from a 600 square-mile area in the Reedley, Orange Cove,
23
Navelencia, Squaw Valley, Dunlap, and Miramonte. The district is geographically one of the
24 largest school districts in California and receives federal funding.
25 (5) Defendant, Timothy Warkentin is a natural person and upon information and belief is a math
teacher and the school sponsor for the FCA. Warkentin was acting under color of state law at all
26 times relevant to this complaint. Defendant, Warkentin is sued in his official capacity.
27
(6) Defendant, Reedley Mennonite Brethren Church, (“RMB”) is a church in Reedley, CA that
28 professes to be Christian and promote Christian values. The Senior Pastor is Malcolm Light.
2
1
(7) Defendant, Joel Kersey, is a natural person and the Student Ministries Pastor for the RMB and
2 runs multiple weekly events for the church. He was also affiliated with the FCA and leads many
3 of the meetings on the Reedley high school campus, acting with actual, implied, or apparent
authority as the leader of the Reedley chapter of the FCA. Kersey was acting under color of state
4 law at all times relevant to this complaint. Defendant Kersey is sued individually and in his
official capacity.
5
(8) Defendant, Kings canyon unified school district school board (“Board”) is the governing
6
board of the Kings canyon unified school district in Reedley, California.
7
(9) Defendant, Noel Remick is a natural person and is the Board Trustee of Area 1 who resides in
8 the boundaries of the “District.” Remick was appointed to the Board in April 2012 and his term
is set to expire in November 2018. Remick was acting under color of state law at all times
9 relevant to this complaint. Defendant Remick is sued in his official capacity.
10
(10) Defendant, Sarah Rola is a natural person and is the Board Trustee of Area 2 who resides in
11 the boundaries of the “District.” Rola was appointed to the Board in July 2008 and her term is set
to expire in November 2018. Rola was acting under color of state law at all times relevant to this
12 complaint. Defendant Rola is sued in her official capacity.
13 (11) Defendant, Connie Brooks is a natural person and is the Board Trustee of Area 3 who resides
in the boundaries of the “District.” Brooks was appointed to the Board in November 2014 and
14
her term is set to expire in November 2018. Brooks was acting under color of state law at all
15 times relevant to this complaint. Defendant Brooks is sued in her official capacity.
16 (12) Defendant, Robin Tyler is a natural person and is the Board Trustee of Area 4 who resides in
the boundaries of the “District.” Tyler was appointed to the Board in 2008 and her term is set to
17 expire in November 2018. Tyler was acting under color of state law at all times relevant to this
complaint. Defendant Tyler is sued in her official capacity.
18
19 (13) Defendant, Manuel Ferreira is a natural person and is the Board Trustee of Area 5 who
resides in the boundaries of the “District.” Ferreira was appointed to the Board in 2000 and his
20 term is set to expire in November 2020. Ferreira was acting under color of state law at all times
relevant to this complaint. Defendant Ferreira is sued in his official capacity.
21
22 (14) Defendant, Craig A. Cooper is a natural person and is the Board Trustee of Area 6 who
resides in the boundaries of the “District.” Cooper was appointed to the Board in 2017 and his
23 term is set to expire in November 2018. Cooper was acting under color of state law at all times
relevant to this complaint. Defendant Cooper is sued in his official capacity.
24
(15) Defendant, Clotilda Mora is a natural person and is the Board Trustee of Area 7 who resides
25 in the boundaries of the “District.” Mora was appointed to the Board in February 2013 and her
26 term is set to expire in November 2020. Mora was acting under color of state law at all times
relevant to this complaint. Defendant Mora is sued in her official capacity.
27
(16) Defendant, Juan Garza is a natural person and was the Superintendent of the District during
28 the time of the discrimination against Anne Ayers. Garza is currently and recently retired. Garza
3
1 was acting under color of state law at all times relevant to this complaint. Defendant Garza is
sued in his professional capacity.
2
3 (17) Defendant, Roberto Gutierrez is a natural person and was the Principal of Reedley high
school during the time of the discrimination against Anne Ayers. Gutierrez was recently
4 promoted and is currently an Assistant Superintendent of Kings canyon unified school district.
Gutierrez was acting under color of state law at all times relevant to this complaint. Defendant
5 Gutierrez is sued in his professional capacity.
6
JURISDICTION AND VENUE
7
(18) This court has original jurisdiction over this action under 28 U.S.C. §§1331 and 1343, as this
8 action is one arising under the United States Constitution and federal civil rights laws.
9 (19) Venue is proper under 28 U.S.C. § 1391(b)(2), in that a substantial part of the events or
omissions giving rise to the PLAINTIFF's claims occurred in this judicial district.
10
11
FACTUAL ALLEGATIONS
12
(20) Anne Ayers is a 2018 graduate of Reedley high school in Reedley, California. Reedley high
13 school is part of the Kings canyon unified school district. During her time at Reedley high school
Anne was an exemplary high school student. She was the Valedictorian of the class of 2018, was
14 a competitive swimmer, engaged in volunteer work, service projects, and was a member of the
15 FCA from her freshman year of high school to the end of her junior year. At this time Anne was
told that she would not be permitted to hold a student leadership position in the organization
16 going into her senior year because of her religious affiliation with The Church of Jesus Christ of
Latter Day Saints.
17
(21) Board Policy 0410 in the parent handbook provided on the District website states that
18 “District programs, activities, and practices shall be free from discrimination based on race, color,
ancestry, national origin, ethnic group identification, age, religion, marital or parental status,
19
physical or mental disability, sex, sexual orientation, gender, gender identity or expression, or
20 genetic information; the perception of one or more of such characteristics; or association with a
person or group with one or more of these actual or perceived characteristics.”
21
(22) Reedley high school has several non-curriculum student groups and/or clubs that meet on
22 campus. Though only one non-curriculum club or group is needed to activate the Equal Access
23 Act there are multiple non-curriculum clubs and groups that meet on the Reedley high school
campus. Two such groups are “Catholics in Action” and “The Computer & Gaming Club.” The
24 FCA is also one of these such non-curriculum groups that meets on campus.
25 (23) The FCA is a non-profit organization 503(c), who states on their website that their goal is to
“challenge coaches and athletes on the professional, college, high school, junior high, and youth
26 levels to use the powerful platform of sport to reach every coach and every athlete with the
27 transforming power of Jesus Christ.”
28 (24) Their website states that their vision is “to see the world transformed by Jesus Christ through
4
1 the influence of coaches and athletes.” Their mission is “to lead every coach and athlete into a
growing relationship with Jesus Christ and His church.” Their values are listed as “our
2 relationships will demonstrate steadfast commitment to Jesus Christ and His Word through
3 integrity, Serving, Teamwork, and Excellence.” Under their value statement they list “Integrity,
Serving, Teamwork, and Excellence.” Under “Integrity” the FCA has the statement “We will
4 demonstrate Christ-like wholeness, privately and publicly (Proverbs 11:3).” Under “Serving” the
FCA has the statement “We will model Jesus’ example of serving (John 13:1-17).” Under
5 “Teamwork” the FCA has the statement “We will express our unity in Christ in all our
relationships (Philippians 2:1-4).” Under “Excellence” the FCA has the statement “we will honor
6
and glorify God in all we do (Colossians 3: 23-24).” They also have a listed “Strategy” and
7 “Methods” in which they achieve the goals, mission, and vision of the FCA.
8 (25) The FCA central valley website showcases several different secondary schools as members
in the central valley. Of those schools some are private, some religious, and some public.
9 Among those listed schools is Reedley high school.
10 (26) Defendant, Timothy Warkentin upon information and belief is the Reedley high school
sponsor of the FCA. The group meetings occurred in his class room bi-weekly immediately after
11
school. Warkentin directed these meetings and taught according to his own Mennonite faith.
12
(27) Warkentin had others such as Defendant Joel Kersey come in to teach lessons and was
13 allowed to advance his religious ideas to students at bi-weekly meetings in Warkentin’s
classroom. Kersey is a youth Pastor at RMB and upon information and belief represented himself
14 as the leader of the Reedley FCA.
15 (28) In addition to the above, numerous others were brought in to speak and advance their
religious ideas such as the Reedley high school wrestling coach and water polo coach who
16
conducted the meeting similar to a “Sunday School" session. Lessons were often given and then
17 students would be subjected to videos of Tim Tebow expressing his religious views.
18 (29) The FCA operates on a national level and represents student members from numerous
different sects of Christian faith who hold a variety of beliefs on its website. Though not an
19 exhaustive list, members of FCA range from Catholics, Protestants, Mennonites, Seventh Day
Adventists, and many others.
20
(30) Of these churches, there are a variety of different beliefs and even different "Bibles" that
21
include different religious texts, such as the Catholic Church who uses the Dewey version of the
22 Bible which includes multiple different books such as the "Apocrypha" which is a serious of
books that do not exist in most other Bibles. Many of the other faiths read the King James
23 Version of the Bible, which is what the Church of Jesus Christ of Latter Day Saints and many of
the included Christian faiths also use as part of their scriptural cannon.
24
(31) There are other differences besides scripture. The Catholics believe the Pope to be the
25
mouth-piece of God on earth and that priests cannot get married. The Church of Jesus Christ of
26 Latter Day Saints believes that the President of the Church is also a Prophet, Seer, and Revelator,
or in other words the mouth-piece of God on earth. They also believe that all worthy Priesthood
27 holders should be encouraged to be married. The Mennonite Church USA organizational
structure as listed on their website are relatively “flat” compared to many other denominations.
28
5
1 An 18-member volunteer Executive Board guides the denomination forward. Pastors can be
married.
2
(32) These are merely a few examples of the numerous differences that exist between
3
denominations from scripture cannon, to leadership, and to marriage. In his letter to Anne Ayers,
4 Ron Nelson claims that the FCA represents one Christian standard which is in contrast to their
website, public representation materials, and an exhaustive list of interfaith members.
5
(33) As a member of the FCA for her entire high-school career up to the end of her Junior year
6 Anne Ayers believed that she enjoyed full membership in the FCA. She joined FCA her
freshman year with a desire to serve that blossomed into a desire to grow and demonstrate her
7 leadership qualities. The FCA promotes the Equal Access Act in the FCA Public School
8 Handbook on its national website www.fca.org which states that “students may serve as club
leaders and participate without restriction.”
9
(34) In the second half of her Junior year, on or about February 2017, Anne was encouraged by
10 her peers, who were also members of the FCA, Reedley Chapter, to be a youth leader on the
Leadership Council in the Reedley FCA. She was encouraged by her peers to be on this
11 leadership council because of an outstanding record of achievement, proven leadership ability,
12 friendship, and constant example of what a model member of the FCA aspires to achieve. Anne
desired to be in this leadership role to add to her resume of achievement for her future college
13 applications, consideration for potential leadership roles in collegiate groups, internships, and
employment. Anne filed the proper application to be placed on the FCA Leadership Council.
14 There were multiple questions on the application. One of the questions, asked what Church you
belonged or attended. Anne answered honestly that she was a member of The Church of Jesus
15 Christ of Latter Day Saints. She was subsequently denied admission to the position of leadership
16 because of her active membership in the Church of Jesus Christ of Latter Day Saints.
17 (35) Anne Ayers has been a member of the Church of Jesus Christ of Latter Day Saints since
birth and actively expressed, lived, and enjoyed her faith throughout high school and to the
18 present. The FCA had notice of this from the very first day she signed up to be an FCA member
as a Freshman in high school. Anne affirmed that she was a member of The Church of Jesus
19 Christ of Latter Day Saints at the time she enrolled in the FCA with no indication of prejudice
against her faith at that time.
20
21 (36) After submitting the proper application in a timely manner to be considered for the
leadership role mentioned above, she received a reply from Ron Nelson, the Central Valley FCA
22 chapter multi-area director, by e-mail on February 27, 2017. Ron Nelson, on behalf of the FCA,
denied Anne a place on the leadership council because she was a member of the Church of Jesus
23 Christ of Latter Day Saints. He stated in his letter to Anne that when dealing in matters of
24 leadership he needed “Crystal clear theology when talking with coaches and athletes” and "I'm
not sure if you know the theological differences between the Christian Church n LDS, but the
25 grace of God (sending His son to the cross to forgive our sins) is what we believe gets us to
Heaven n not works."
26
(37) After this communication Anne then received a follow up text message from Pastor Joel,
27 who oversees the Reedley FCA and represents the RMB. His text message included a statement
28 that said, “I do believe FCA and the Mormon Church believe differently about who Jesus is.”
6
1 Anne replied to them both with an affirmation of her faith and beliefs and why they were wrong
to not let her be on the council. In addition, a classmate and fellow FCA member, of her own
2 accord, also drafted an electronic text message on Anne’s behalf to kersey expressing her distaste
3 for the decision to not allow Anne into the leadership position because of her “denomination as a
Mormon.” No action was taken by the FCA to remedy this decision.
4
(38) Frustrated and extremely upset Anne’s mother, Yachiyo Ayers went to meet with the school
5 Principal, Roberto Gutierrez to seek redress. Gutierrez seemed concerned and admitted that he
believed “all kids should be allowed to be a full member in clubs that meet at school.” He also
6
stated that he had a plan to make a new rule that “all kids of any religious sect would be welcome
7 in religious groups on campus.” He then gave Yachiyo his cell phone number and asked her to
call him or text him with any future concerns and that he would be in touch with her to inform her
8 of an official resolution.
9 (39) After the conversation with Gutierrez, substantial time passed with no response. Yachiyo
then called and left multiple messages on his cell phone inquiring about the resolution that went
10
unreturned. Yachiyo text messaged Gutierrez on multiple occasions with no reply. On her final
11 text message to Gutierrez she asked for his e-mail address where she could send a formal letter.
Gutierrez then responded to the text with only his e-mail address. Yachiyo never received any
12 contact back from Gutierrez regarding a resolution. The FCA continued to meet on campus after
this incident.
13
(40) Next Yachiyo approached Defendant Robin Tyler, Board Member and Trustee of Area 4 of
14
the District. Yachiyo explained the situation and Tyler replied that she would bring it up to the
15 board according to the Boards “by-laws.” Yachiyo followed up with Tyler, who reiterated the
“By-Law” remark and would say nothing more. No status or resolution to the discriminatory acts
16 against Anne Ayers were ever provided to Yachiyo.
17 (41) Yachiyo then approached Defendant Connie Brooks, Board Member and Trustee of Area 3
of the District. Brooks seemed empathetic to Anne’s complaint and introduced Yachiyo to an
18
Attorney who she thought might be able to help against FCA. The attorney stated that he could
19 not help with the matter. No other assistance or efforts to address the matter were ever made
known to Yachiyo or Anne.
20
(42) Finally, via new counsel a demand letter was drafted and sent on behalf of Anne Ayers to the
21 FCA national and central valley offices and the District. The letter requested that all religious
22 discrimination against Anne be immediately ceased and that she be considered for a leadership
position based on her merits. FCA affirmatively responded they will not place Anne on the
23 leadership council unless she “satisfies FCA’s requirements for such.” Such requirements set by
the FCA would require Anne to give up her beliefs and leave her membership in the Church of
24 Jesus Christ of Latter Day Saints to be considered for a leadership position with the FCA, which
Anne was not willing to consider.
25
26 CAUSES OF ACTION
27 FIRST CAUSE OF ACTION

Violation of 42 U.S.C § 1983 - The Equal Access Act (20 U.S.C § 4071)
28 (Anne Ayers v. All Individual Defendants)
7
1
(43) Plaintiff incorporates by this reference each and every allegation contained in paragraphs (1)
2 through (42) hereof, as if fully set forth herein.
3
(44) All Defendants have violated the Equal Access Act, 20 U.S.C. §§ 4071 – 4074, in that (i)
4 Reedley high school which is part of the District, is a public secondary school, (ii) that receives
federal funding, (iii) has a limited open forum in that it offers opportunity for one or more non-
5 curriculum related student groups to meet on school premises during non-instructional time; and
(iv) defendants have discriminated against plaintiff, denying a student initiated group, allowing
6
outsiders to direct, conduct, control, and regularly attend meetings, denying equal access to
7 plaintiff, and refusing to offer plaintiff a fair opportunity to participate in meetings within the
Reedley high school limited open forum on the basis of religious, theological, political,
8 philosophical, or other content of the speech at such meetings.
9 (45) The conduct of FCA, District, Board, RMB, Nelson (FCA), Kersey (RMB), Warkentin,
Remick, Rola, Brooks, Tyler, Ferreira, Cooper, Mora, Garza, and Gutierrez (collectively, the
10
“School District Officials”), acting individually and in unison under color of state law and as set
11 forth in paragraphs 1 - 39 above, in addition to violating the Equal Access Act, 20 U.S.C. §§ 4071
– 4074, also violates 42 U.S.C. § 1983 and has deprived the plaintiff, Anne Ayers of the rights,
12 privileges, or immunities secured by the Equal Access Act. The provisions and abrogation
afforded by the Equal Access Act has been held to be Constitutional under Westside Community
13 Board of Education v Mergens 496 US 226 (1990).
14
(46) As a proximate cause of this wrong doing, Anne Ayers has suffered and will continue to
15 suffer emotional injuries, including pain, stress, anxiety, humiliation, fright, shock, distress, and
sleeplessness. In addition, Anne will suffer pecuniary damage in the form of attorney’s fees.
16
SECOND CAUSE OF ACTION
17 Violation of 42 U.S.C § 1983 – Deprivation of Freedom of Speech
(Anne Ayers v. All Individual Defendants)
18
19 (47) Plaintiff incorporates by this reference each and every allegation contained in paragraphs (1)
through (46) hereof, as if fully set forth herein.
20
(48) The FCA, District, Board, RMB, Nelson (FCA), Kersey (RMB), Warkentin, Remick, Rola,
21 Brooks, Tyler, Ferreira, Cooper, Mora, Garza, and Gutierrez (collectively, the “School District
22 Officials”) have deprived Anne Ayers of her right to the Freedom of Speech by not maintaining
the requirements of the limited open forum. All Defendants acted under color of law while they
23 restricted Anne Ayers speech suppressing her viewpoints in the limited open forum because their
personal religious views differed from Anne’s views. This restriction of speech has caused a
24 deprivation of Anne Ayers Constitutionally protected rights under the first and fourteenth
amendments to the U.S. Constitution.
25
26 (49) As a proximate cause of this wrong doing, Anne has suffered and will continue to suffer
emotional injuries, including pain, stress, anxiety, humiliation, fright, shock, distress, and
27 sleeplessness. In addition, Anne will suffer pecuniary damage in the form of attorney’s fees.
28 THIRD CAUSE OF ACTION

8
1 Violation of 42 U.S.C § 1983 – Deprivation of Freedom of Association
(Anne Ayers v. All Individual Defendant’s)
2
4
Officials”) all acted under color of law and have deprived Anne Ayers of her right to freely
6
associate with whom she chooses. Here the FCA allows virtually every student into its
7 membership ranks at the secondary school level as a student member. Anne attempted to be a
member of the leadership council which invitation was student initiated. Anne was told that she
8 cannot be part of the council because she was a member of The Church of Jesus Christ of Latter
Day Saints, restricting Anne's Constitutionally protected freedom to join together with others and
9 express her religious beliefs and ideas which is a guaranteed protection by the first and fourteenth
amendment to the United States Constitution.
10
emotional injuries, including pain, stress, anxiety, humiliation, fright, shock, distress, and
12 sleeplessness. In addition, Anne will suffer pecuniary damage in the form of attorney’s fees.
13 FOURTH CAUSE OF ACTION

Violation of 42 U.S.C. § 1983 – Free Exercise Clause of the First Amendment
14
15
(53) Plaintiff incorporates by this reference each and every allegation contained in paragraphs (1)
16 through (52) hereof, as if fully set forth herein.
17 (54) The FCA, District, Board, RMB, Nelson (FCA), Kersey (RMB), Warkentin, Remick, Rola,
Brooks, Tyler, Ferreira, Cooper, Mora, Garza, and Gutierrez (collectively, the “School District
18
Officials”) have made and/or supported policy under color of law that’s sole purpose is to target
19 and discriminate against Anne’s sincerely held religious beliefs in The Church of Jesus Christ of
Latter Day Saints. The free exercise of religion is a Constitutionally protected right under the
20 first and fourteenth amendment to the U.S. Constitution.
22 emotional injuries, including pain, stress, anxiety, humiliation, fright, shock, distress, and
23
FIFTH CAUSE OF ACTION
24 Violation of 42 U.S.C. § 1983 – Establishment Clause of the First Amendment
25
27
9
1 Officials”) have acted under color of law creating an establishment of religion on the Reedley
high school campus, using this establishment to deny Anne Ayers a position on the FCA student
2 leadership council. This has denied Anne of privileges that are Constitutionally protected. This
3 is because of her membership in The Church of Jesus Christ of Latter Day Saints. The
Defendants have failed to meet the purpose, effect, and entanglement prongs of the "Lemon Test"
4 standard established in Lemon v. Kurtzman, 403 U.S. 602 (1971). By establishing a religious
litmus test the Defendants have denied Anne her constitutional protections under the first and
5 fourteenth amendment to the U.S. Constitution.
6
(58) As a proximate cause of this wrong doing, Anne has suffered and will continue to suffer
8
SIXTH CAUSE OF ACTION
9 Violation of 42 U.S.C. § 1983 – Equal Protection Clause of the Fourteenth Amendment
10
12
Officials”) have acted under color of law, specifically in denying and/or permitting the denial of
14
Anne Ayers to take a leadership position on the student leadership council of the FCA at Reedley
15 high school. This is due to her religious beliefs being different than individual Defendant’s
religious beliefs. Defendants gave preferential treatment to similarly situated persons and treated
16 Anne as a second-class citizen. Anne is entitled to equal protection of the laws which includes
her Religious liberties, a fundamental right protected by the first and fourteenth amendments to
17 the U.S. Constitution.
18
20
SEVENTH CAUSE OF ACTION
21 Violation of 42 U.S.C. § 1983 – Monell Liability
22 (Anne Ayers v. District & Board)
24
(63) Anne Ayers is informed and believes that the Kings canyon unified school district has held
25 longstanding polices, practices, and customs that are supportive of the constitutional violations
26 enumerated in the first through sixth causes of action. The District, Board, Warkentin, Remick,
Rola, Brooks, Tyler, Ferreira, Cooper, Mora, Garza, and Gutierrez (collectively, the “School
27 District Officials”) have failed to train, supervise, and discipline staff. Despite constitutional law,
statutory law, and formal written district policies, members of the district have engaged in
28 religious discrimination, government endorsement of religious ideas, deprivation of the freedom
10
1 of speech, deprivation of the right to associate together to exchange ideas freely, and a lack of
equal protection under the law. All of these acts were without necessity or compelling reason.
2 Anne Ayers will supplement the bases for liability as discovery proceeds.
3
5
PRAYER FOR RELIEF
6
WHEREFORE, Plaintiff Anne Ayers prays for a judgment against all named defendants:
7 Fellowship of Christian Athletes, Ron Nelson, Kings canyon unified school district, Timothy
Warkentin, Reedley Mennonite Brethren Church, Joel Kersey, Kings canyon unified school
8 district school board, Noel Remick, Sarah Rola, Connie Brooks, Robin Tyler, Manuel Ferreira,
Craig A. Cooper, Clotilda Mora, Juan Garza, and Roberto Gutierrez each as follows:
9
For general damages against each defendant according to proof;
10 For special damages against each defendant according to proof;
For statutory damages against each defendant according to proof;
11 For punitive damages in an amount appropriate to punish and to deter others from engaging in
similar misconduct;
12 For an award of costs and attorney’s fees pursuant to 42 U.S.C. § 1988, and as otherwise
authorized by law;
13 For any and all other relief the Court deems just and proper.
14 DEMAND FOR JURY TRIAL
15 Plaintiff ANNE AYERS demands a jury trial in this action on all claims so triable.
16 Dated this 30th of July 2018.
17
18
Jeremy M. Dobbins
19 Attorney at Law
20
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23
24
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11

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1 Jeremy M.

Dobbins, SBN 320648

27 FIRST CAUSE OF ACTION

28 THIRD CAUSE OF ACTION

13 FOURTH CAUSE OF ACTION

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