Thursday, March 16, 2017
Jane Doe asks Joplin R-8 to pay $1 to her and to each of her kids in Victory Ministries lawsuit
Harpool ordered the lawyers for the Doe family and the Joplin R-8 School District to submit their proposed orders last week when he ruled that a May 2015 North Middle School field trip to Victory Ministries and Sports Complex was unconstitutional.
In addition to the declaration that the proposed order prevents the district from allowing field trips or other activities to Victory Ministries and Sports Complex or any other religious venue and requires it to cover the costs and attorney fees.
In addition to the district, current Joplin High School Principal (and former North Middle School Principal) Brandon Eggleston and Interim Superintendent Norm Ridder are listed as defendants. Ridder replaced former superintendent C. J. Huff as a defendant. The plaintiffs are Doe and two of her children.
The text of the proposed order is printed below:
(PROPOSED) ORDER AND JUDGMENT
The Court, having entered its March 9, 2017 Order granting Plaintiffs’ Motion for Summary Judgment and overruling Defendants’ Motion for Summary Judgment, in accordance with said order and for the reasons therein stated, now orders that the Clerk of the Court shall enter judgment in this matter as follows:
Plaintiffs’ Claim for Declaratory Relief
IT IS ORDERED, ADJUDGED, AND DECREED that the Court declares that the actions of Defendants in organizing, sponsoring, endorsing, and conducting school trips to Victory Ministries violate the Establishment Clause of the First Amendment of the United States Constitution.
Plaintiffs’ Claim for Injunctive Relief
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court concludes that injunctive relief is warranted and hereby enjoins Defendants, their successors, and any persons in active concert with Defendants from intentionally, knowingly, recklessly, or negligently allowing field trips or other curricular or extracurricular public school activities (other than activities of student-run religious clubs as permitted by the Equal Access Act) to Victory Ministries and Sports Complex and other religious venues.
Plaintiffs’ Claim for Nominal Damages
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court concludes that Plaintiffs should be awarded nominal damages and hereby orders each defendant to pay nominal damages of One Dollar ($1.00) to each of the plaintiffs.
Plaintiffs’ Claim for Attorney Fees and Costs
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court concludes that Plaintiffs should be awarded – and Defendants should pay – Plaintiffs’ costs in this action as allowed by 28 U.S.C. § 1920 and Fed. R. Civ. P. 54(d)(1) and Plaintiffs’ attorney fees and expenses as provided for by 42 U.S.C. § 1988.
Plaintiffs are ordered to submit their Bill of Costs as provided in 28 U.S.C. §§ 1920 and 1924 within fourteen (14) days of the entry of judgment.
Further, as directed by Rule 54(d)(2), Plaintiffs are ordered to submit their motion for attorney fees within fourteen (14) days of the entry of judgment. LET JUDGMENT BE ENTERED ACCORDINGLY.
Judge rules against Joplin R-8 on Victory Ministries lawsuit