Facts

A middle school teacher, Yvette Felarca, was investigated for her alleged conduct in and out of the classroom after her participation in a political protest. As part of Berkeley Unified School District's inquiry into Felarca's behavior, school district attorney Marleen Sacks conducted interviews with a number of students. One of the students expressed he felt fear after being called into the office to be interviewed.

PLAINTIFFS' CONTENTIONS: Felarca and some of her students alleged racial and national origin discrimination, as well as violation of free speech. One of the students felt worried about being called in to the principal's office by Sacks, and therefore this harm chilled his rights under the First Amendment.

All plaintiffs opposed Sack's motion.

DEFENDANTS' CONTENTIONS: Sacks, one of the named defendants, moved to dismiss plaintiff B.L.'s claims against her. Sacks' contended her actions did not violate the rights of the plaintiffs and that the claims against Sacks should be struck from the plaintiffs' complaint.

Result

Defendants' motion to dismiss claims against Sacks was granted. No facts were asserted that justified the student's claims against Sacks. Under Mendocino Environmental Center v. Mendocino City, a person of "ordinary firmness" would not have future First Amendment rights chilled for being called into the office of a school principal. Even read in the light most favorable to the student, Sacks' actions did not create a constitutional violation.

Other Information

Plaintiff J.B.'s claims still stand.