Case 5:19-cv-02621-JFL Document 1 Filed 06/17/19 Page 1 of 13

BRIAN R. MILDE~ERG, ESQ.

MILDENBERG LAW FIRM
Attorney ID No. 84861
1735 Market Street, Ste. 3750
Philadelphia, PA 19103
brian@mildenberglaw.com
www.MildenbergLaw.com
215-545-4870
Fax: 215-545-4871
Attorney for Plaintiffs

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF PENNSYLVANIA

EBONIE BAIR,
Civil Action Nol@
and

A, a minor child, individually by and COMPLAINT

through his parent, Ebonie Bair,
On behalf of African American students to remedy racial
discrimination at Solanco High School on basis of skin
and
color, pursuant to 42 USC Sec. 1981 & 1983 et seq. and
applicable laws
ENIYAH BROWN-MOORE,

Plaintiffs, Jury Trial Demanded

V.

SOLANCO SCHOOL DISTRICT,

and

ANTHONY COX, Individually, and in

his official capacity as Solanco High
School Football Coach,

and
JOHN DOES 1-10
Defendants.
 Case 5:19-cv-02621-JFL Document 1 Filed 06/17/19 Page 2 of 13

Plaintiffs, Ebonie Bair (Bair); a minor child (A); Eniyah Brown-Moore (Brown-Moore),

on behalf of themselves and those similarly situated by and through their undersigned attorneys,

complaining of Defendants, Solanco School District, brings the instant action for racial

discrimination and harassment of children requesting judgment in their favor, and against

Defendants, and in support thereof, allege, upon information and belief, as follows:

NATURE OF ACTION

I. Plaintiffs, Ebonie Bair and her two children who are African American, bring this lawsuit

against Defendant, Solanco School District, to remedy racial discrimination on the part of

Defendant. Solanco School District created a racially harassing, hostile and

discriminatory environment for Plaintiffs in violation of federal law.

PARTIES

2. Plaintiff, Ebonie Bair, is an adult individual, residing at 1123 Holtwood Road, Holtwood,

PA 17532.

3. Plaintiff Ebonie Bair, is the natural parent and natural guardian of Plaintiff, "A, a minor."

A is seventeen (17) years old and attends Solanco High School.

4. Plaintiff, Eniyah Brown-Moore, is the daughter of Ebonie Bair and sister of A. Brown-

Moore attended Solanco High School as a student from 2014 until her graduation in June

2018.

5. Defendant, Solanco School District (Solanco) is a midsized, rural public school district

located in Lancaster County. Solanco High School is part of the Solanco School District.

The central administration office for Solanco School District is located at 121 South Hess

Street, Quarryville, PA.

 Case 5:19-cv-02621-JFL Document 1 Filed 06/17/19 Page 3 of 13

6. Defendant, Anthony Cox (Cox), at all times material herein, acted individually, as well as

in his individual capacity as an agent, servant, workman, or employee of, the Solanco

School District. At all times material herein, Cox was employed by Defendant as the

Solanco High School Football Coach.

7. Defendants, John Does 1-10, is a moniker/fictitious name for individuals and entities

currently unknown but will be substituted when known, as affiliated, associated or liable

hereunder for the reasons set forth below or inferred therefrom. Each of these parties are

incorporated as Defendants in each and every count and avennent listed above and

below.

JURISDICTION AND VENUE

8. The above paragraphs are incorporated herein by reference.

9. Jurisdiction over the matter is conferred upon the Court by 28 USC § 1331, as the cause

of action arises under federal law.

I 0. Venue is proper in the Eastern District of Pennsylvania, as the facts and transactions

involved in the discrimination complained of herein occurred in large part in this judicial

district at Solanco High School, in Quarryville, Pennsylvania.

STATEMENT OF FACTS

11. The foregoing paragraphs are incorporated herein by reference.

12. In a pattern of unlawful, deliberate and discriminatory acts, Defendants have created a

racist environment at Solanco.

13. Upon infonnation and belief, the student body at Solanco High School is over 90% white,

with only a handful of black and/or other minority students.

 Case 5:19-cv-02621-JFL Document 1 Filed 06/17/19 Page 4 of 13

14. Upon information and belief, Solanco teachers and/or staff, including Defendant Cox,

have sanctioned these actions by both using and allowing continued use of discriminatory

language in both spoken, written and pictorial forms in and around Solanco property.

PLAINTIFF A

15. Upon information and belief, as part of Defendants' discriminatory and deliberate actions

against African American students, A, a black student and football player, was targeted.

16. The discriminatory and racist and actions taken against A include, but are not limited to:

a. Being called "nigga" multiple times by Defendant Coach Cox during football practice

and throughout the football season;

b. Being called "Buckwheat" by Cox, in reference to the character Buckwheat from the

Little Rascals short films;

c. Witnessing fellow Solanco students wave confederate flags during school football

games; display confederate flags on clothing during school hours; and displaying

confederate flags on their cars in the school parking lot; 1 and

d. Witnessing fellow Solanco students make racial slurs, including but not limited to the

word nigger. These racial slurs were directed at Solanco's African American and/or

other minority students, including A.

17. On or about March 26, 2019, a fellow student and football team member (Student B)

posted a picture of A on his Instagram account named "sweatydogballs." A was pictured

in his football uniform on Solanco's football field and the image was photoshopped to

show A carrying a bucket of Kentucky Fried Chicken.

1
For many African Americans, the confederate flag stands as a symbol of oppression and racism.
 Case 5:19-cv-02621-JFL Document 1 Filed 06/17/19 Page 5 of 13

18. Student B's Instagram account also displayed an image of a black man caught in a mouse

trap with a bucket of Kentucky Fried Chicken used as the bait to lure him into the mouse

trap.

19. The aforementioned images are attached below as Exhibits A 2 and .

EXHIBIT A

.. it Venzon '9 1:39PM ® 82% 1111!) j

< Posts

oov
OD Liked bye.=:::::> and 16 others
sweatydogballs Q

a. 0

2 Faces of the individuals in the image have been blurred out as they are minors.
 Case 5:19-cv-02621-JFL Document 1 Filed 06/17/19 Page 6 of 13

EXHIBITB

..,,vmzon• 2:48 PM @ -, 100".4 l!!l!!I

< sweatydogballs Follow

EEEl
IJ sweatydogballs

oav
16 likes
sweatydogballs .,_

20. It is undisputed that Student Bis a Solanco High School Student and football player and

that both Plaintiffs and Defendants know the identity of Student B.

21. Because if his actions, Student B has been charged with a hate crime and his criminal

case is currently pending in Lancaster County.

22. Since the incident that occurred on or about March 26, 2019, Coach Cox has called A

into his office/and or the weight room and stated to A:

 Case 5:19-cv-02621-JFL Document 1 Filed 06/17/19 Page 7 of 13

a. That A should not be offended by the Instagram posts as they were not really directed

at him;

b. That he does not feel that Student B should be kicked off of the football team for his

actions; and

c. That he (Cox) used to work with NFL players and they would not be offended by

something like this.

23. The behavior of Coach Cox has caused A to feel intimidated and depressed.

24. The actions of Coach Cox, who should be looked at as a mentor and role model is

disturbing and outrageous.

25. Coach Cox has a displayed a history and pattern ofracially discriminatory behavior.

Upon information and belief, in 2015 during a football practice, he referred to the black

players on his team as "niggas" causing them to take off their helmets and walk off of the

field.

26. Due to the actions of Defendants, A is forced to attend school in a hostile environment

and continues to be unjustly treated because of the color of his skin.

PLAINTIFF BROWN-MOORE

27. Plaintiff Brown-Moore, A's older sister and former Solanco student was also targeted due

to being black.

28. The discriminatory and racist and actions taken against Brown-Moore include, but are not

limited to:

a. On her first day as a new transfer student in the fall of 2014, fellow students called out

"watermelon" to her during class and the teacher did nothing;

b. Being referred to as Nigger by fellow students;

 Case 5:19-cv-02621-JFL Document 1 Filed 06/17/19 Page 8 of 13

c. Witnessed other black students being called ')igaboo"; and

d. Witnessing fellow Solanco students wave confederate flags during school football

games; display confederate flags on clothing during school hours; and displaying

confederate flags on their cars in the school parking lot.

29. Brown-Moore was extremely bothered by the blatant display of the confederate flag as it

was offensive and made her feel uncomfortable. She went as far as meeting with

Solanco's Superintendent, Dr. Brian Bliss (Bliss) to express her concerns. Bliss, failed

take actions against the display of confederate flags or even sympathize with Brown-

Moore's plight.

30. In the Spring of 2018, when Brown-Moore was a senior, she was in her political science

class and the class was discussing that year's valedictorian speech. A white student said

to the class, could you imagine if they let Eniyah (Brown-Moore) speak. The teacher's

response was that they don't let those types of students speak and those types of students

are not Valedictorian.

31. The racist conduct of Brown-Moore's teacher was uncalled-for.

32. Plaintiffs, along with other black and minority students have been forced to go to school

in a bigoted and prejudiced atmosphere.

33. Due to the actions of Defendants, Plaintiffs A and Brown-Moore were discriminated

against and required to attend high school in a racist and hostile environment.

STATEMENT OF CLAIMS

COUNTI
CML RIGHTS VIOLATION TITLE VI, 42 U.S.C. §2000-HARASSMENT,
DISCRIMINATION ON THE BASIS OF ETHNICITY M'D RACE
 Case 5:19-cv-02621-JFL Document 1 Filed 06/17/19 Page 9 of 13

I. Plaintiffs incorporates by reference all prior paragraphs as if fully set forth at length

herein.

2. As a result of Defendants actions as aforesaid, Defendants have denied Plaintiffs the right

to the same terms, conditions, privileges and benefits of their access to schooling with the

Solanco School District, in violation Title VI, 42 U.S.C. § 2000d.

3. Such violations of Title VI are actionable against Solanco School District, an entity that

receives federal fmancial assistance.

4. Defendants have caused Plaintiffs to suffer humiliation and embarrassment, emotional

distress, and have sustained damages for which recovery of compensatory damages may

be had pursuant to Title VI.

5. Said hostile environment and discrimination against Plaintiffs was pervasive and severe.

6. Said hostile environment and discrimination against Plaintiffs have affected Plaintiffs to

their detriment.

7. Said hostile environment, discrimination and harassment would detrimentally affect a

reasonable person under similar circumstances.

8. Said discrimination and harassment has caused a hostile environment.

9. Said discrimination, and harassment has exacerbated the already hostile school

environment to the point of a crisis.

10. Said violations were done intentionally and/or knowingly with malice or reckless

indifference, and warrant the imposition of punitive damages.

11. As a direct and proximate result of Defendants' violation Title VI Plaintiffs have

suffered the damages and losses set forth herein and have incurred attorneys' fees and

costs.
 Case 5:19-cv-02621-JFL Document 1 Filed 06/17/19 Page 10 of 13

12. Plaintiffs are suffering and will continue to sufferirreparable injury and monetary

damages as a result of Defendants' discriminatory acts and misconduct, unless and

until this Court grants the relief requested herein.

13. The wrongful acts and conduct of Defendants were done with deliberate indifference to

the statutory and constitutional rights of Plaintiffs.

COUNT II
CIVIL RIGHTS VIOLATION 42 U.S.C. § 1981 AND§ 1983-HARASSMENT,
DISCRIMINATION ON THE BASIS OF ETHNICITY AND RACE

14. Plaintiffs incorporates by reference all prior paragraphs as if fully set forth at length

herein.

15. As a result of Defendants actions as aforesaid, Defendants have denied Plaintiffs the right

to the same terms, conditions, privileges and benefits of their access to schooling with the

Solanco School District, in violation of 42 U.S.C. § 1981.

16. Such violations of 42 U.S.C. § 1981 is actionable against Solanco School District, a

municipal entity, pursuant to 42 U.S.C. § 1983.

17. Defendants have caused Plaintiffs to suffer humiliation and embarrassment, emotional

distress, and have sustained damages for which recovery of compensatory damages may

be had pursuant to 42 U.S.C. § 1983.

18. Said hostile environment and discrimination against Plaintiffs was pervasive and severe.

19. Said hostile environment and discrimination against Plaintiffs have affected Plaintiffs to

their detriment.

20. Said hostile environment, discrimination and harassment would detrimentally affect a

reasonable person under similar circumstances.

 Case 5:19-cv-02621-JFL Document 1 Filed 06/17/19 Page 11 of 13

21. Said discrimination and harassment has caused a hostile environment.

22. Said discrimination, and harassment has exacerbated the already hostile school

environment to the point of a crisis.

23. Said violations were done intentionally and/or knowingly with malice or reckless

indifference, and warrant the imposition of punitive damages.

24. As a direct and proximate result of Defendants' violation of 42 U.S.C. § 1983

Plaintiffs have suffered the damages and losses set forth herein and have incurred

attorneys' fees and costs.

25. Plaintiffs are suffering and will continue to sufferirreparable injury and monetary

damages as a result of Defendants' discriminatory acts and misconduct, unless and

until this Court grants the relief requested herein.

26. The wrongful acts and conduct of Defendants were done with deliberate indifference to

the statutory and constitutional rights of Plaintiffs.

COUNTil
MONELL

27. The above paragraphs are hereby incorporated herein by reference.

28. Prior to the events described herein, Defendants developed and maintained policies,

practices, procedures and customs exhibiting deliberate indifference to the Constitutional

rights of Plaintiffs, which caused violation of Plaintiffs constitutional and other rights.

29. Plaintiffs suffered harm due to the Defendants' conduct.

COUNT Ill
42U.S.C. Sec. 1985
CIVIL RIGHTS CONSPIRACY

30. The foregoing paragraphs are incorporated herein by reference.

 Case 5:19-cv-02621-JFL Document 1 Filed 06/17/19 Page 12 of 13

31. The foregoing conduct of Defendants violates Plaintiffs' rights pursuant to 42 U.S.C. Sec.

1985, which proscribes any agreement or conspiracy to violate Plaintiffs' federally

protected civil rights, including those rights under 42 U.S.C. Sec. 1981 and 1983.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs seek damages and legal and equitable relief in connection

with Defendants' improper conduct, and specifically prays that this Court grant the

following relief to Plaintiffs:

a) declaring the acts and practices complained of herein to be in violation of Sections

1981 and 1983;

b) entering judgment against the Defendants and in favor of Plaintiffs in an amount to be

determined; awarding compensatory damages to make Plaintiffs whole for all lost

earnings, earning capacity and benefits, past and future, which Plaintiffs have suffered

or may suffer as a result of Defendants' improper conduct; awarding compensatory

damages to Plaintiffs for past and future pain and suffering, emotional upset, mental

anguish, humiliation, and loss of life's pleasures, which Plaintiffs have suffered or

may suffer as a result of Defendants' improper conduct; awarding punitive damages to

Plaintiffs;

c) awarding Plaintiffs such other damages as are appropriate under Section 1981 and

Section 1983.

d) awarding Plaintiffs the costs of suit, expert fees and other disbursements, and

reasonable attorneys' fees; and, granting such other and further relief as this Court

may deem just, proper, or equitable including other equitable and injunctive relief

providing restitution for past violations and preventing future violations.

 Case 5:19-cv-02621-JFL Document 1 Filed 06/17/19 Page 13 of 13

e) A declaratory judgment that Defendants have violated 42 U.S.C. Sec. 1985 and an order

for payment of all compensatory and punitive damages awarded after trial;

f) An award of Plaintiffs; attorneys fees and costs of suit as provided by 42 U.S.C. § 1988.

JURY DEMAND

Plaintiffs hereby demand a jury trial as to all issues so triable herein.

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Respectfully submitted,

BY: Isl Brian R. Mildenberg ~

BRIAN R. MILDENBERG, ESQ.
MILDENBERG LAW FIRM
Attorney ID No. 84861
1735 Market Street, Ste. 3750
Philadelphia, PA 19103
215-545-4870
Fax: 215-545-4871
Attorney for Plaintiff

DATED: June 17, 2019