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Case 4:17-cv-03234 Document 1 Filed in TXSD on 10/24/17 Page 1 of 18

IN THE UNITED STATES DISTRICT COURT


FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

LaSHAN ARCENEAUX, Individually, )( Civil Action No.:4:17-cv-3234


and as next friend of M.O., a minor, )(
)(
Plaintiff, )(
)(
V. )( JURY TRIAL
)(
KLEIN INDEPENDENT SCHOOL DIST., )(
BRET CHAMPION, Individually, )(
BRIAN GREENEY, Individually, )(
THOMAS HENSLEY, Individually, )(
KIMBERLY WALTERS, Individually, )(
LANCE ALEXANDER, Individually, )(
BENJIE ARNOLD, Individually, )(
MARGARET BOLLATO, Individually, )( PLAINTIFFS ORIGINAL
STEPHEN NAETZKER, Individually, and )( COMPLAINT FOR DECLARATORY
JENNIFER WALTON, Individually, )( JUDGMENT, INJUNCTIVE RELIEF,
)( and DAMAGES
Defendants. )(

PLAINTIFFS ORIGINAL COMPLAINT FOR


DECLARATORY JUDGMENT, INJUNCTIVE RELIEF, and DAMAGES

TO THE HONORABLE JUDGE OF THE COURT:

NOW COMES PLAINTIFF LaSHAN ARCENEAUX, Individually, and as next friend

of M.O., a minor; complaining of KLEIN INDEPENDENT SCHOOL DISTRICT and BRET

CHAMPION, BRIAN GREENEY, LANCE ALEXANDER, BENJIE ARNOLD,

MARGARET BOLLATO, THOMAS HENSLEY, STEPHEN NAETZKER, JENNIFER

WALTON, and KIMBERLY WALTERS, all Individually, and will show the following:

I. INTRODUCTORY STATEMENT

1. M.O., 17, a student at Klein Oak High School (Klein Oak), has respectfully sat for

the Pledge of Allegiance (the Pledge) hundreds of times between starting high school in 2014 and

Plaintiffs Original Complaint pg. 1


Case 4:17-cv-03234 Document 1 Filed in TXSD on 10/24/17 Page 2 of 18

the date of this filing. She intends to continue doing so despite repeated harassment by both

classmates and Klein Oak teachers and administrators, and despite the failure of Klein Oak

administrators to take adequate measures to protect her rights. During the 2014-15 academic year,

the harassment came at the hands of teacher, Stephen Naetzker. Jennifer Walton, M.O.s

journalism teacher, harassed her for the practice during the 2015-16 school year. Her 2016-17

school year was marred by a woefully inadequate response to bullying of M.O. by a classmate and

by a perceived need to avoid potential harassment from sociology teacher Benjie Arnold.

Throughout current 2017-18 academic year has been punctuated by repeated instances of derisive

treatment and opprobrium by Mr. Arnold. The harassment to which M.O. was subjected caused

her mother, LaShan Arceneaux (LaShan), to withdraw M.O. from Klein Oak in favor of

homeschooling, at her own expense, during the spring semester of the 2016-17 academic year.

Throughout this three-and-a-half-year period, M.O.s class principal, Kimberly Walters, and her

guidance counsellor, Margaret Bollato, despite knowledge of these continuing violations

repeatedly failed to take actions sufficient to prevent the violations. Between 2014 and the summer

of 2017, Klein Oak Principal Brian Greeney also failed to take action to protect M.O.s rights.

Since the summer of 2017, Principal Greeneys successor, Thomas Hensley, has similarly failed

to deter such violations.

2. The right of a public student not to be forced to stand for the Pledge is a very old

one. West Virginia Bd. of Ed. v. Barnette, 319 U.S. 624, 63 S. Ct. 1178, 87 L. Ed. 1628 (1943)

(We think the action of the local authorities in compelling the flag salute and pledge transcends

constitutional limitations on their power and invades the sphere of intellect and spirit which it is

the purpose of the First Amendment to our Constitution to reserve from all official control). The

Plaintiffs Original Complaint pg. 2


Case 4:17-cv-03234 Document 1 Filed in TXSD on 10/24/17 Page 3 of 18

plaintiff seeks appropriate declaratory and injunctive relief, as well as damages, to remedy these

violations.

II. JURISDICTION AND VENUE

3. This is an action arising under 42 U.S.C. 1983 and 1988 to redress the

deprivation, under color of state law, of rights secured by the First, Fourth, and Fourteenth

Amendments to the United States Constitution.

4. Declaratory relief is authorized by Rule 57 of the Federal Rules of Civil Procedure

and 28 U.S.C. 2201 and 2202.

5. This Court has jurisdiction under 28 U.S.C. 1331 (federal questions jurisdiction)

and 1343 (civil rights jurisdiction).

6. This Court has supplemental jurisdiction over Plaintiffs state claims under 28

U.S.C. 1367.

7. Venue in this district is proper under 28 U.S.C. 1391(b)(1), because each of the

defendants resides in this district, and under 1391(b)(2), because a substantial part of the events

giving rise to the Plaintiffs claims occurred in this district.

III. PARTIES

8. Plaintiff LaShan Arceneaux, individually and as next friend of her minor daughter,

M.O., is a resident of Harris County, Texas.

9. Defendant Klein Independent School District (Klein ISD) is a governmental entity

existing under the laws of the state of Texas and located in Harris County, Texas and can be served

with process by serving Superintendent Bret Champion at 7200 Spring Cypress Road, Klein, TX

77379 or wherever he is found.

Plaintiffs Original Complaint pg. 3


Case 4:17-cv-03234 Document 1 Filed in TXSD on 10/24/17 Page 4 of 18

10. Defendant Bret Champion is an individual and resident of Harris County, Texas

and can be served with process by serving Superintendent Bret Champion at 7200 Spring Cypress

Road, Klein, TX 77379 or wherever he is found.

11. Defendant Brian Greeney is an individual and resident of Harris County, Texas and

can be served with process at 22603 Northcrest Drive, Klein, Texas 77389 or wherever he is found.

12. Defendant Thomas Hensley is an individual and resident of Harris County, Texas

and can be served with process at 22603 Northcrest Drive, Klein, Texas 77389 or wherever he is

found.

13. Defendant Kimberly Walters is an individual and resident of Harris County, Texas

and can be served with process at 22603 Northcrest Drive, Klein, Texas 77389 or wherever she is

found.

14. Defendant Lance Alexander is an individual and resident of Harris County, Texas

and can be served with process at 22603 Northcrest Drive, Klein, Texas 77389 or wherever he is

found.

15. Defendant Benjie Arnold is an individual and resident of Harris County, Texas and

can be served with process at 22603 Northcrest Drive, Klein, Texas 77389 or wherever he is found.

16. Defendant Margaret Bollato is an individual and resident of Harris County, Texas

and can be served with process at 22603 Northcrest Drive, Klein, Texas 77389 or wherever she is

found.

17. Defendant Stephen Naetzker is an individual and resident of Harris County, Texas

and can be served with process at 22603 Northcrest Drive, Klein, Texas 77389 or wherever he is

found.

Plaintiffs Original Complaint pg. 4


Case 4:17-cv-03234 Document 1 Filed in TXSD on 10/24/17 Page 5 of 18

18. Defendant Jennifer Walton is an individual and resident of Harris County, Texas

and can be served with process at 22603 Northcrest Drive, Klein, Texas 77389 or wherever she is

found.

IV. FACTS

19. LaShan Arceneaux is the mother of M.O., 17.

20. Klein Oak High School (Klein Oak) provides a daily opportunity for students to

participate in the recitation of the Pledge of Allegiance (the Pledge). During the 2014-15, 2015-

16, and 2016-17 academic years, the Pledge was recited in a different period each day. In the 2017-

18 academic year, the Pledge recitation occurs every day during second period.

Stephen Naetzker repeatedly takes disciplinary action against M.O. for refraining from the
Pledge.

21. In approximately September of 2014, M.O. was seated in Defendant Stephen

Naetzkers World Geography classroom when the Pledge recitation took place. M.O. did not stand

for the recitation.

22. As a result of M.O.s failure to join her classmates in reciting the Pledge, Mr.

Naetzker issued a write up for M.O. a form of discipline at Klein Oak.

23. In response to the write up, M.O. was sent to the office of Defendant Kimberly

Walters, the principal for M.O.s class. In Principal Walters office, M.O. told Principal Walters

that Mr. Naetzker wrote her up for sitting out the Pledge. Principal Walters informed her that Mr.

Naetzker had the right to write her up for not standing because of his military service.

24. Upon information and belief, Principal Walters took no action against Stephen

Naetzker for his discipline of M.O.

25. On the final day of classes before the 2014 Thanksgiving break, on or around

November 26, 2014, Stephen Naetzker confiscated M.O.s phone because of what he described as

Plaintiffs Original Complaint pg. 5


Case 4:17-cv-03234 Document 1 Filed in TXSD on 10/24/17 Page 6 of 18

the lack of respect she demonstrated by sitting out the Pledge. He told her she would get her

phone back at the end of the day.

26. After classes ended for the day, M.O. returned to Mr. Naetzker to retrieve her

phone. Rather than return her property, however, Mr. Naetzker escorted her to her school bus.

Principal Walters was on bus duty that afternoon. Mr. Naetzker handed M.O.s phone to

Principal Walters, who returned it to M.O.

27. Principal Walters told M.O. at the time that they would discuss her issue with Mr.

Naetzker after the break. No such conversation took place.

28. During the spring semester of the 2014-15 school year, Mr. Naetzker read passages

from the Holy Bible1 to his class on several occasions.

Jennifer Walton repeatedly singles out M.O. for refraining from participation in the Pledge

29. Late in the fall semester of the 2015-16 school year, M.O. was sitting in the

classroom of Defendant Jennifer Walton, her journalism teacher, when the daily Pledge recital

took place. When Jennifer Walton saw that M.O. had remained seated, she instructed M.O. to

stand. M.O. refused.

30. After journalism class ended that day, M.O. had a lengthy discussion with Jennifer

Walton concerning her decision not to stand for the Pledge.

31. Following their discussion, when the Pledge again occurred in Jennifer Waltons

class, she singled M.O. out for remaining seated and again instructed her to stand. M.O. refused.

32. Approximately one week later, M.O. discussed Jennifer Waltons actions with her

guidance counsellor, Defendant Margaret Bollato. Bollato recommended that M.O. either stand

1
The Holy Bible is the main religious text of the Christian religion.

Plaintiffs Original Complaint pg. 6


Case 4:17-cv-03234 Document 1 Filed in TXSD on 10/24/17 Page 7 of 18

for the Pledge in Waltons class or switch out of Waltons class at the winter break in order to

avoid the conflict.

33. For the remainder of the fall 2015 semester, M.O. continued to sit for the Pledge,

including in Jennifer Waltons class. Jennifer Walton continued to single M.O. out for her decision

and occasionally directed M.O. to stand for the Pledge.

34. During the break between the fall 2015 and spring 2016 semesters, M.O. decided

to switch out of Jennifer Waltons journalism class and instead enroll in the Klein Oak Debate

Team in the spring semester of 2016.

35. No disciplinary action was taken against Jennifer Walton for singling M.O. out in

class for peacefully and non-disruptively engaging in free speech.

Encounter with Principal Lance Alexander

36. In the spring semester of the 2015-16 school year, M.O. had left her classroom to

run a teacher-approved errand. While M.O. was walking down the hall, the Pledge began over the

schools intercom public address system. As the Pledge continued, M.O. encountered Defendant

Principal Lance Alexander in the hallway, who instructed her to stop walking during the Pledge.

M.O. stopped momentarily, but then continued walking, to which Principal Alexander rolled his

eyes and made a disapproving noise.

37. Later that day, M.O. spoke to Principal Walters about the incident and the prior

instances of teachers treating her negatively for her decision not to participate in the Pledge. M.O.

asked if Principal Alexander could be informed that she had the right to not stop walking during

the Pledge, at which point Principal Walters asked M.O. to leave the office.

38. During the summer of 2016, LaShan and M.O. met with Defendant Dr. Brian

Greeney, Klein Oaks principal at the time, to discuss what steps could be taken to avoid conflicts

Plaintiffs Original Complaint pg. 7


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over the Pledge in the future. Principal Greeney assured them that nothing would happen in the

coming year and that he would talk to the teachers and staff during the training session taking place

before the new school year began.

Veterans Day, 2016

39. Between the start of the 2016-17 academic year and November 11, 2016, M.O.

consistently refrained from participating in the daily recitation of the Pledge.

40. On November 11, 2016, Veterans Day, M.O. again sat out the Pledge.

41. The recitation took place while M.O. was in her algebra classroom, though her

teacher, Juddy Burks, was not in the classroom at the time.

42. In response to M.O.s decision to sit during the Pledge that day, another classmate,

H.R., stood up from her desk and called M.O. a bitch.

43. Immediately after the incident in Mr. Burkss classroom and while still on school

grounds, H.R. harassed M.O. by posting at least four pictures on the social media platform

Snapchat, one of which included the message: Like if you dont respect [our] country then get

the fuck out of it[.]

44. Upon hearing about this incident, LaShan sent an email to Principal Walters in

which she stated:

[H.R.] took it upon herself to call [M.O.] out for not saying the pledge and got the other
student to join in. This occurred in Coach Burks's class. He was out of the room. [M.O.]
has [H.R.] in her next class as well.
Her behavior was uncalled for and abusive. I am beyond tired today and will no longer
tolerate this type of behavior. Students do it because it's allowed and they know they can
get away with it because there are no repercussions for their actions.
Can you please address this issue. I will stand behind my daughter's right to not say the
pledge (in a silent, respectful manner).

Plaintiffs Original Complaint pg. 8


Case 4:17-cv-03234 Document 1 Filed in TXSD on 10/24/17 Page 9 of 18

45. Upon information and belief, Klein ISD expressly prohibits the bullying of any

student on school property, including a school bus and at any school-related or school-sponsored

activity on or off campus.

46. Upon information and belief, in response to this incident, H.R. was told that if she

apologized for her actions, she would not face punishment.

47. Later on November 11, 2016, H.R. apologized to M.O. in Principal Walters office,

stating that she did it because members of her family are in the military.

48. On November 14, 2016, LaShan sent an email to Principal Greeney and Defendant

Bret Champion, Klein ISDs superintendent, informing them that the school was failing to address

the ongoing issue and that school officials had repeatedly placed the onus for dealing with the issue

on M.O.

49. On or about December 9, 2016, M.O. encountered H.R. at school while waiting at

the elevators. H.R. said to a classmate, Theres the bitch that sits for the Pledge.

50. Later that day, upon hearing about this second incident with H.R., LaShan called

Principal Walters, who then asked that M.O. come to her office so the three of them could discuss

the incident.

51. During the call, LaShan stated that she was considering taking legal action, at which

point Principal Walters used a two-way radio to request assistance.

52. When M.O. left Principal Walters office, Principals Schwebach and Crowson, as

well as several school police officers equipped with Tasers and firearms, were waiting outside the

office.

53. M.O. informed them that she was going to go back to her classroom to collect her

things and then wait outside the building for LaShan to pick her up.

Plaintiffs Original Complaint pg. 9


Case 4:17-cv-03234 Document 1 Filed in TXSD on 10/24/17 Page 10 of 18

54. Principals Schwebach and Crowson and the officers escorted M.O. back to her

classroom to collect her belongings.

55. While escorting M.O., Principal Crowson accused M.O. of acting like a criminal.

56. While collecting her belongings, M.O. asked a classmate, M.G., to accompany her

as a witness. That student and the teacher, Angie Richard, accompanied M.O. back into the hall.

57. Upon encountering school police officers and principals outside the classroom, Ms.

Richard took the M.G. by the arm and returned to the classroom.

58. M.O. was then escorted to the door of the school, at which point she went out of

the building alone to the parking lot, where she waited by the flag pole for her mother to arrive.

59. When LaShan arrived at the school, she and M.O. went back inside and waited

outside Principal Greeneys office.

60. Principal Greeney and Principal Walters were speaking inside Principal Greeneys

office.

61. When Principal Walters left Principal Greeneys office, she directed M.O. and

LaShan inside.

62. During the ensuing conversation, LaShan reiterated that she would be pursuing

legal action, and Principal Greeney acknowledged that the harassment M.O. faced had been an

ongoing problem.

63. The day after the conversation with Principal Greeney, H.R. was removed from the

classes M.O. shared with her for the remainder of the fall semester.

LaShan withdraws M.O. from Klein Oak in favor of homeschooling

Plaintiffs Original Complaint pg. 10


Case 4:17-cv-03234 Document 1 Filed in TXSD on 10/24/17 Page 11 of 18

64. When classes resumed after the winter break, M.O. was enrolled in the Sociology

class taught by Defendant Benjie Arnold (Benjie Arnold). Principal Greeney removed M.O. from

Benjie Arnolds sociology class on the first day of the semester.

65. Upon information and belief, Principal Greeney removed M.O. from Benjie

Arnolds class because H.R. was also in the class and because he believed M.O.s practice of sitting

during the recitation of the Pledge would create conflict with Benjie Arnold, despite M.O.s

interest in the course material.

66. Shortly after M.O. was withdrawn from Benjie Arnolds sociology class, LaShan

withdrew her from Klein Oak and chose to homeschool M.O. instead, at her own expense, a

decision which was substantially motivated by the treatment M.O. had been subjected to at Klein

Oak.

67. While homeschooled, M.O. continued to participate in debate competitions though

she was advised by the school that she could not represent Klein Oak at the competitions and that

any costs associated with the competitions would be incurred by LaShan.

68. Between January 26, 2017 and August 21, 2017, LaShan incurred expenses in

excess of $10,000 as a consequence of M.O.s homeschooling.

69. During the summer of 2017, Principal Greeney left Klein Oak.

70. Defendant Thomas Hensley replaced Brian Greeney as Principal of Klein Oak.

Benjie Arnold repeatedly calls attention to, and disparages, M.O.s decision to exercise her

free speech right.

71. By the start of the 2017-2018 school year on August 21, 2017, it was widely known

among the student body that M.O. regularly refrained from reciting the Pledge.

72. On August 21, 2017, M.O. resumed attending classes at Klein Oak.

Plaintiffs Original Complaint pg. 11


Case 4:17-cv-03234 Document 1 Filed in TXSD on 10/24/17 Page 12 of 18

73. On August 24, 2017, Benjie Arnold told the students in his sociology class,

including M.O., that sitting for the Pledge was a privilege, not a right, and that people who sit for

the Pledge are unappreciative and disrespectful, stating that all they do is take from society.

74. On September 20, 2017, Benjie Arnold played Born in the U.S.A., by Bruce

Springsteen, instructing the class to write down how the song made them feel. He then gave the

students a timed assignment to write down the words to the Pledge of Allegiance, indicating that,

because it was written, the students were not actually pledging allegiance to the country.

75. M.O. did not write the words of the Pledge.

76. On September 21, 2017, Benjie Arnold told the class that anyone who did not

complete the Pledge assignment would receive a zero and compared people who refuse to say the

Pledge to Soviet communists, members of the Islamic faith seeking to impose Sharia law, and

those who condone pedophilia. He then distributed all the Pledge assignments to the wrong

students and had them redistribute the assignments to the correct classmate, as is his practice.

77. Between September 21, 2017 and this filing, Benjie Arnold has subjected M.O. to

significantly harsher treatment than any other student by, among other behavior, berating her in

class for wrong answers, calling her out because he could not see her eyes, and instructing her

to move her desk into the middle of the aisle.

V. LEGAL CLAIMS

Count 1: Violation of the 1st Amendment - Freedom of Speech

78. Plaintiff reasserts all previous paragraphs.

79. The First Amendment to the United States Constitution, as incorporated and made

applicable to the states by the Fourteenth Amendment, provides that Congress shall make no law

. . . abridging the freedom of speech. . . .

Plaintiffs Original Complaint pg. 12


Case 4:17-cv-03234 Document 1 Filed in TXSD on 10/24/17 Page 13 of 18

80. This First Amendment right extends to public school students who do not wish to

be forced to stand for the Pledge. West Virginia Bd. of Ed. v. Barnette, 319 U.S. 624, 63 S. Ct.

1178, 87 L. Ed. 1628 (1943).

81. Defendants Lance Alexander, Benjie Arnold, Stephen Naetzker, Jennifer Walton,

and Kimberly Walters retaliated against M.O. for exercising her constitutional right to engage in

protected speech.

82. Defendants Klein ISD, Bret Champion, Brian Greeney, Thomas Hensley, and

Margaret Bollato were made aware of the retaliations against M.O. by Defendants Lance

Alexander, Benjie Arnold, Stephen Naetzker, Jennifer Walton, and Kimberly Walters but failed to

take steps to remedy the violations and prevent future violations from occurring.

83. The actions of these defendants, governmental actors acting under color of state

law and whose actions are attributable to the state, constitute violations of M.O.s First

Amendment right to freedom of speech.

Count 2: Violation of the First Amendment - Establishment of Religion

84. Plaintiff reasserts all previous paragraphs.

85. The First Amendment to the United States Constitution, as incorporated and made

applicable to the states by the Fourteenth Amendment, provides that Congress shall make no law

respecting the establishment of religion . . . .

86. This First Amendment right extends to public school students, including those who

do not wish to recite the Pledge due to its religious content. Epperson v. Arkansas, 393 U.S. 97,

106-07 (1968).

87. Defendants Lance Alexander, Benjie Arnold, Stephen Naetzker, Jennifer Walton,

and Kimberly Walters singled M.O. out, subjected her to derision and opprobrium, and otherwise

Plaintiffs Original Complaint pg. 13


Case 4:17-cv-03234 Document 1 Filed in TXSD on 10/24/17 Page 14 of 18

discriminated against M.O. for her sincerely held beliefs, exhibited by her choice to refrain from

participating in the daily recitation of the Pledge.

88. Defendants Klein ISD, Bret Champion, Brian Greeney, Thomas Hensley, and

Margaret Bollato were made aware of the discrimination against M.O. by Defendants Lance

Alexander, Benjie Arnold, Stephen Naetzker, Jennifer Walton, and Kimberly Walters but failed to

take steps to remedy the violations and prevent future violations from occurring.

89. The actions of these defendants, governmental actors acting under color of state

law and whose actions are attributable to the state, constitute violations of M.O.s First

Amendment right to be free from religious establishment.

Count 3: Violation of the First Amendment - Free Exercise of Religion

90. Plaintiff reasserts all previous paragraphs.

91. The First Amendment to the United States Constitution, as incorporated and made

applicable to the states by the Fourteenth Amendment, provides that Congress shall make no law

. . . prohibiting the free exercise [of religion]. . . .

92. This First Amendment right extends to public school students. West Virginia Bd. of

Ed. v. Barnette, 319 U.S. 624, 63 S. Ct. 1178, 87 L. Ed. 1628 (1943).

93. Defendants Lance Alexander, Benjie Arnold, Stephen Naetzker, and Jennifer

Walton coerced, or attempted to coerce, M.O. into reciting the Pledge, including its religious

content, against her sincerely held beliefs.

94. Defendants Klein ISD, Bret Champion, Brian Greeney, Margaret Bollato, Thomas

Hensley, and Kimberly Walters were made aware of the attempts by Defendants Lance Alexander,

Benjie Arnold, Stephen Naetzker, and Jennifer Walton to coerce M.O. to engage in religious

Plaintiffs Original Complaint pg. 14


Case 4:17-cv-03234 Document 1 Filed in TXSD on 10/24/17 Page 15 of 18

observance counter to her sincerely held beliefs, but failed to take steps to remedy the violations

and prevent future violations from occurring.

95. The actions of Defendants Klein ISD, Bret Champion, Brian Greeney, Lance

Alexander, Benjie Arnold, Margaret Bollato, Thomas Hensley, Stephen Naetzker, Jennifer

Walton, and Kimberly Walters, governmental actors acting under color of state law and whose

actions are attributable to the state, constitute violations of M.O.s First Amendment right to freely

exercise her sincerely held beliefs.

Count 4: Violation of the Fourteenth Amendment - Equal Protection

96. Plaintiff reasserts all previous paragraphs.

97. The Fourteenth Amendment to the Constitution provides that No State shall . . .

deny to any person within its jurisdiction the equal protection of the laws.

98. Defendants Lance Alexander, Benjie Arnold, Margaret Bollato, Stephen Naetzker,

Jennifer Walton, and Kimberly Walters singled M.O. out, subjected her to derision and

opprobrium, and otherwise discriminated against M.O. for her sincerely held beliefs, exhibited by

her choice to refrain from participating in the daily recitation of the Pledge.

99. Defendants Klein ISD, Bret Champion, Brian Greeney, and Thomas Hensley were

made aware of the discrimination against M.O. by Defendants Lance Alexander, Benjie Arnold,

Margaret Bollato, Stephen Naetzker, Jennifer Walton, and Kimberly Walters but failed to take

steps to remedy the violations and prevent future violations from occurring.

100. The actions of these defendants, governmental actors acting under color of state

law and whose actions are attributable to the state, constitute violations of M.O.s Fourteenth

Amendment right to the equal protection of the laws.

Count 5: Violation of the Fifth Amendment - Due Process

Plaintiffs Original Complaint pg. 15


Case 4:17-cv-03234 Document 1 Filed in TXSD on 10/24/17 Page 16 of 18

101. Plaintiff reasserts all previous paragraphs.

102. The Fifth Amendment to the Constitution provides that No person shall . . . be

deprived of life, liberty, or property, without due process of law. . . .

103. Defendant Stephen Naetzker deprived M.O. of her liberty and property without due

process of law.

104. Defendant Kimberly Walters deprived M.O. of her liberty and property without due

process of law. In addition, Defendant Kimberly Walters was aware of Stephen Naetzkers

deprivation of M.O.s liberty and property without due process but failed to take steps to remedy

the violation.

105. Defendants Klein ISD, Bret Champion, and Brian Greeney were aware of the

deprivations by Defendants Stephen Naetzker and Kimberly Walters but failed to take steps to

remedy the violations and prevent future violations from occurring.

106. The actions of, , and Kimberly Walters, governmental actors acting under color of

state law and whose actions are attributable to the state, constitute violations of M.O.s Fourteenth

Amendment right not to be deprived of property or liberty without due process of law.

Count 6: Violation of Tex. Civ. Prac. & Rem. Code 110.003 - Substantial Burden on
Religious Exercise

107. Plaintiff reasserts all previous paragraphs.

108. Section 110.003 of the Texas Civil Practice and Remedies Code prohibits the

government from substantially burdening a sincerely held belief. Violation of 110.003 entitles

the plaintiff to declaratory relief, injunctive relief, compensatory damages up to $10,000, and

reasonable attorneys fees and costs.

Plaintiffs Original Complaint pg. 16


Case 4:17-cv-03234 Document 1 Filed in TXSD on 10/24/17 Page 17 of 18

109. Defendants Lance Alexander, Benjie Arnold, Stephen Naetzker, and Jennifer

Walton substantially burdened M.O.s sincerely held beliefs by coercing or attempting to coerce

her into reciting the Pledge, including its religious content, against her sincerely held beliefs.

110. Defendants Klein ISD, Bret Champion, Brian Greeney, Margaret Bollato, Thomas

Hensley, and Kimberly Walters were made aware of the attempts by Defendants Lance Alexander,

Benjie Arnold, Stephen Naetzker, and Jennifer Walton to coerce M.O. to engage in religious

observance, but failed to take steps to remedy the violations and prevent future violations from

occurring.

111. The actions of Defendants Klein ISD, Bret Champion, Brian Greeney, Lance

Alexander, Benjie Arnold, Margaret Bollato, Thomas Hensley, Stephen Naetzker, Jennifer

Walton, and Kimberly Walters, governmental actors acting under color of state law and whose

actions are attributable to the state, constitute violations of M.O.s First Amendment right to freely

exercise her sincerely held beliefs.

VI. REQUEST FOR RELIEF

WHEREFORE, the plaintiff respectfully requests that this Court:

a. Enter judgment awarding the plaintiff compensatory damages against defendants

jointly and severally in an amount to be determined;

b. Declare that the defendants have violated the rights of the plaintiffs for the reasons

described above;

c. Enter judgment awarding the plaintiff exemplary and punitive damages against the

individual defendants;

d. Award the plaintiff reasonable costs and attorneys fees pursuant to 42 U.S.C. 1988;

e. Award pre- and post-judgment interest;

Plaintiffs Original Complaint pg. 17


Case 4:17-cv-03234 Document 1 Filed in TXSD on 10/24/17 Page 18 of 18

f. Order that Klein ISD immediately instruct each and every employee that students have

the right to choose not to stand for the Pledge and to discipline any Klein Oak

employees that interfere with the exercise of that right.

g. Award all other relief to which plaintiff shows herself entitled.

Respectfully Submitted,
KALLINEN LAW PLLC

/s/ Randall L. Kallinen


Randall L. Kallinen
State Bar of Texas No. 00790995
U.S. Southern District of Texas Bar No.: 19417
Admitted, U.S. Supreme Court, 5th U.S. Circuit Court of
Appeals, Eastern, Southern and Western Districts of Texas
511 Broadway Street
Houston, Texas 77012
Telephone: 713.320.3785
FAX: 713.893.6737
E-mail: AttorneyKallinen@aol.com

Plaintiffs Original Complaint pg. 18


Case 4:17-cv-03234 Document 1-1 Filed in TXSD on 10/24/17 Page 1 of 2
JS 44 (Rev. 06/17) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS


Lashan Arceneaux, Klein Oak ISD, et al.,

(b) County of Residence of First Listed Plaintiff Harris County County of Residence of First Listed Defendant Harris
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

Randall L. Kallinen, 511 Broadway Street, Hosuton, TX 77102;


713.320.3785

II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6


Foreign Country
IV. NATURE OF SUIT (Place an X in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation
Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability 840 Trademark Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY 480 Consumer Credit
of Veterans Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards 861 HIA (1395ff) 490 Cable/Sat TV
160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending Act 862 Black Lung (923) 850 Securities/Commodities/
190 Other Contract Product Liability 380 Other Personal 720 Labor/Management 863 DIWC/DIWW (405(g)) Exchange
195 Contract Product Liability 360 Other Personal Property Damage Relations 864 SSID Title XVI 890 Other Statutory Actions
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 865 RSI (405(g)) 891 Agricultural Acts
362 Personal Injury - Product Liability 751 Family and Medical 893 Environmental Matters
Medical Malpractice Leave Act 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation FEDERAL TAX SUITS Act
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 870 Taxes (U.S. Plaintiff 896 Arbitration
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act or Defendant) 899 Administrative Procedure
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRSThird Party Act/Review or Appeal of
240 Torts to Land 443 Housing/ Sentence 26 USC 7609 Agency Decision
245 Tort Product Liability Accommodations 530 General 950 Constitutionality of
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION State Statutes
Employment Other: 462 Naturalization Application
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration
Other 550 Civil Rights Actions
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an X in One Box Only)
1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
42 USC Section 1983
VI. CAUSE OF ACTION Brief description of cause:
Student repeatedly punished for sitting for Pledge of Allegiance, Supreme Court decided this issue in 1943
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE Honorable Keith P. Ellison DOCKET NUMBER 4:17-cv-03004
DATE SIGNATURE OF ATTORNEY OF RECORD
10/24/2017 /s/ Randall L. Kallinen
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE


Case 4:17-cv-03234 Document 1-1 Filed in TXSD on 10/24/17 Page 2 of 2
JS 44 Reverse (Rev. 06/17)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44


Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.

V. Origin. Place an "X" in one of the seven boxes.


Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.

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