Davison

Davison Ex Rel. Sims v. Santa Barbara High School District

Good Law
48 F. Supp. 2d 1225·1998 WL 1054948·1998 U.S. Dist. LEXIS 22407
United States District Court, Central District of CaliforniaMay 11, 1998CV 97-7423 CM(Ex)California4,170 words

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…

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