Davison
Davison Ex Rel. Sims v. Santa Barbara High School District
Opinion
Opinion
Moreno, J.
ORDER ON DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S AMENDED COMPLAINT
Plaintiff Cheron Davison, by and through her mother and guardian ad litem, Ruby Sims, filed this action on October 8, 1997, against Santa Barbara School District, Michael W. Caston (individually and in his official capacity as Superintendent of the Santa Barbara School District), Donna Stuart (individually and in her official capacity as Principal of San Marcos High School), Ken Montoya (individually and in his official capacity as Vice Principal of San Marcos High School), Robert Burtness (individually and in his official capacity as teacher at San Marcos High School), Santa Barbara School Board, and Does 1 through 100, inclusive. She asserted five claims: (1) unlawful racial discrimination in violation of Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.; (2) violation of 42 U.S.C. § 1983 ; (3) violation of the California Unruh Act, California Civil Code § 51 et seq.; (4) intentional infliction of emotional distress; and (5) negligent infliction of emotional distress.
The case arises in part out of an incident of racial harassment directed toward plaintiff in which several classmates placed…