Eklund v. Byron Union School District

First Supplemental Complaint , No. C-02-03004-PJH - 1

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Richard Thompson* (MI P21410)

Edward L. White III* (MI P62485)

Robert J. Muise* (MI P62849)

Thomas More Law Center

3475 Plymouth Road, Suite 100

Ann Arbor, Michigan 48105

(734) 827-2001; Fax: (734) 998-4778

*Admitted pro hac vice

Anthony Francois (CA Bar No. 184100)

1128 34th

Avenue

Sacramento, CA 95822

(916) 446-4647; Fax: (916) 446-1391

Local Counsel .

Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

JONAS EKLUND and TIFFANY EKLUND,

both individually and as next friends of CHASE

EKLUND, a minor, and SAMANTHA EKLUND,

a minor, JAY DUPEE, individually and as next

friend of MORGAN DUPEE, a minor, and

TAYLOR DUPEE, a minor, and HEATHER

SLOAN, individually and as next friend of

MORGAN DUPEE, a minor, and TAYLOR

DUPEE, a minor, CASE NO. C-02-3004-PJH

Plaintiffs,

v.

FIRST SUPPLEMENTAL BYRON UNION SCHOOL DISTRICT, COMPLAINT

THOMAS MEYER, in his official capacity as

Superintendent of the Byron Union School

District, NANCIE CASTRO, individually and

in her official capacity as the Principal of

Byron/Excelsior Public School, BROOKE CARLIN,

individually and in her official capacity as a teacher at

Byron/Excelsior Public School, MICHELE CARR,

individually and in her official capacity as a teacher at

Byron/Excelsior Public School,

Defendants.

_____________________________________________________________________________


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Plaintiffs, by and through their undersigned attorneys, bring this Complaint against the

above-named Defendants, their employees, agents, and successors in office, and in support

thereof allege the following upon information and belief:

INTRODUCTION

1. This civil action is brought on behalf of four California parents and their children

who object to and have been injured by the Byron Union School Districts (hereinafter

Defendant School District) funding and implementation of a curriculum that promotes and

coerces the practice of the Islamic faith in the Byron/Excelsior Public School (hereinafter

Excelsior) in violation of the First and Fourteenth Amendments to the United States

Constitution and 42 U.S.C. 1983.

2. For three consecutive weeks during the first semester of the 2001-2002 school

year, a course entitled The Roots of Islam and the Empire (hereinafter Islam Course) was

taught as part of the seventh grade World History class at Excelsior. The Islam Course

included the use and implementation of materials entitled Islam: A simulation of Islamic

history and culture (hereinafter Islam Simulation and attached as Exhibit A). Upon

information and belief, the Defendant School District and Excelsior intend to continue teaching

the Islam Course with the Islam Simulation in future World History classes.

3. During the first semester of the 2002-2003 school year, the seventh grade World

History class at Excelsior again included the teaching of the Islamic religion to students.

4. The Islam Simulation part of the Islam Course impermissibly endorses and

advances the Islamic religion, conveys a message of disapproval of Christianity, and compels

students to participate in Islamic religious exercises in violation of the United States

Constitution and 42 U.S.C. 1983. In addition to the Islam Simulation materials, students in


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the World History course are directed to use the textbook, Across the Centuries, in which

Christians are portrayed as religious persecutors of Jews and non-Christians, and Muslims are

portrayed as tolerant people who permitted Christians and Jews full religious freedom.

5. Plaintiffs seek a declaration that funding and implementing the Islam Simulation

part of the Islam Course is unconstitutional and a permanent injunction enjoining the future

funding and implementation of the Islam Simulation in the schools curriculum. Plaintiffs also

seek an award of reasonable costs of litigation, including attorneys fees and expenses, pursuant

to 42 U.S.C. 1988. The claims for nominal damages are made pursuant to 42 U.S.C. 1983.

JURISDICTION AND VENUE

6. This action arises under the First and Fourteenth Amendments to the United

States Constitution and 42 U.S.C. 1983. Jurisdiction is conferred on this Court pursuant to 28

U.S.C. 1331 and 1343(a)(3).

7. Plaintiffs claims for declaratory and injunctive relief are authorized by 28

U.S.C. 2201 and 2202, by Rules 57 and 65 of the Federal Rules of Civil Procedure, and by

the general legal and equitable powers of this Court.

8. Venue is proper under 28 U.S.C. 1391(b) because a substantial part of the

events or omissions giving rise to the Plaintiffs claims occurred in this district.

INTRADISTRICT ASSIGNMENT

9. Pursuant to Civil L.R. 3-2(c)-(d) and Civil L.R. 3-5(b), this case is properly

assigned to the San Francisco Division because a substantial part of the events or omissions

giving rise to the Plaintiffs claims occurred in Contra Costa County, California.


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PLAINTIFFS

10. Plaintiff Jonas Eklund is a resident of Discovery Bay, California, and he is the

father and next friend of his son Plaintiff Chase Eklund and his daughter Plaintiff Samantha

Eklund. Plaintiff Jonas Eklund is a California taxpayer and municipal taxpayer, and he pays

taxes that support the Defendant School District, including Excelsior. A portion of his tax

money funds the Islam Course, in particular, a portion of his tax money purchases the Islam

Simulation materials, which, upon information and behalf, cost $50.00 a piece. He is a

Christian, and he objects to the use of his tax dollars to fund the Islam Simulation part of the

Islam Course because it advances religious views that conflict with his private beliefs, the

beliefs of his children, and the beliefs of his family. Plaintiff Jonas Eklund is suing on his own

behalf and on behalf of his minor children, Plaintiffs Chase and Samantha Eklund, as their next

friend.

11. Plaintiff Tiffany Eklund is a resident of Discovery Bay, California, and she is the

mother and next friend of her son Plaintiff Chase Eklund and her daughter Plaintiff Samantha

Eklund. Plaintiff Tiffany Eklund is a California taxpayer and municipal taxpayer, and she pays

taxes that support the Defendant School District, including Excelsior. A portion of her tax

money funds the Islam Course, in particular, a portion of her tax money purchases the Islam

Simulation materials, which, upon information and behalf, cost $50.00 a piece. She is a

Christian, and she objects to the use of her tax dollars to fund the Islam Simulation part of the

Islam Course because it advances religious views that conflict with her private beliefs, the

beliefs of her children, and the beliefs of her family. Plaintiff Tiffany Eklund is suing on her

own behalf and on behalf of her minor children, Plaintiffs Chase and Samantha Eklund, as their

next friend.


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12. Plaintiff Chase Eklund is a resident of Discovery Bay, California, and he is the

minor son of Plaintiffs Jonas Eklund and Tiffany Eklund. Plaintiff Chase Eklund was a seventh

grade student in the Islam Course during the 2001-2002 school year at Excelsior, and he is

currently in the eighth grade at Excelsior. He received the Islam Simulation materials, and he

was compelled to participate in the religious exercises of the course. Plaintiff Chase Eklund is a

Christian, and he objects to the Islam Simulation part of the Islam Course because it advances

and coerces religious views that conflict with his private beliefs and the beliefs of his family.

Plaintiff Chase Eklund is suing by his next friends Plaintiffs Jonas Eklund and Tiffany Eklund.

13. Plaintiff Samantha Eklund is a resident of Discovery Bay, California, and she is

the minor daughter of Plaintiffs Jonas Eklund and Tiffany Eklund. Plaintiff Samantha Eklund

was in the sixth grade at Excelsior during the 2001-2002 school year, and she is currently in the

seventh grade at Excelsior. Plaintiff Samantha Eklund is a Christian, and she objects to the

Islam Simulation part of the Islam Course because it advances religious views that conflict with

her private beliefs and the beliefs of her family. Plaintiff Samantha Eklund is suing by her next

friends Plaintiffs Jonas Eklund and Tiffany Eklund.

14. Plaintiff Jay DuPee is a resident of Byron, California, and he is the father and

next friend of his daughters Plaintiffs Taylor and Morgan DuPee. Plaintiff Jay DuPee is a

California taxpayer and municipal taxpayer, and he pays taxes that support the Defendant

School District, including Excelsior. A portion of his tax money funds the Islam Course, in

particular, a portion of his tax money purchases the Islam Simulation materials, which, upon

information and behalf, cost $50.00 a piece. He is a Christian, and he objects to the use of his

tax dollars to fund the Islam Simulation part of the Islam Course because it advances religious

views that conflict with his private beliefs, the beliefs of his children, and the beliefs of his


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family. Plaintiff Jay DuPee is suing on his own behalf and on behalf of his minor children,

Plaintiffs Taylor and Morgan DuPee, as their next friend.

15. Plaintiff Heather Sloan is a resident of Discovery Bay, California, and she is the

mother and next friend of her daughters Plaintiffs Taylor and Morgan DuPee. Plaintiff Heather

Sloan is a California taxpayer and municipal taxpayer, and she pays taxes that support the

Defendant School District, including Excelsior. A portion of her tax money funds the Islam

Course, in particular, a portion of her tax money purchases the Islam Simulation materials,

which, upon information and belief, cost $50.00 a piece. Plaintiff Heather Sloan is a Christian,

and she objects to the use of tax dollars to fund the Islam Simulation part of the Islam Course

because it advances religious views that conflict with her private beliefs, the beliefs of her

children, and the beliefs of her family. Plaintiff Heather Sloan is suing on her own behalf and

on behalf of her minor children, Plaintiffs Taylor and Morgan DuPee, as their next friend.

16. Plaintiff Taylor DuPee is a resident of Byron, California, and she is the minor

daughter of Plaintiffs Jay DuPee and Heather DuPee. Plaintiff Taylor DuPee was a third grade

student at Discovery Bay Elementary School in the Defendant School District during the 2001-

2002 school year, and she is currently in the fourth grade in that school; she will attend

Excelsior in the future. Plaintiff Taylor DuPee is a Christian, and she objects to the Islam

Simulation part of the Islam Course because it advances religious views that conflict with her

private beliefs and the beliefs of her family. Plaintiff Taylor DuPee is suing by her next friends

Plaintiff Jay DuPee and Heather DuPee.

17. Plaintiff Morgan DuPee is a resident of Byron, California, and she is the minor

daughter of Plaintiffs Jay DuPee and Heather DuPee. Plaintiff Morgan DuPee was a second

grade student at Discovery Bay Elementary School in the Defendant School District during the


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2001-2002 school year, and she is currently in the third grade in that school; she will attend

Excelsior in the future. Plaintiff Taylor DuPee is a Christian, and she objects to the Islam

Simulation part of the Islam Course because it advances religious views that conflict with her

private beliefs and the beliefs of her family. Plaintiff Taylor DuPee is suing by her next friends

Plaintiffs Jay DuPee and Heather DuPee.

DEFENDANTS

18. Defendant School District is a public school district located in Byron, California.

Upon information and belief, Defendant School District is responsible and has oversight and

supervisory authority for the curricula used and taught in the schools within its district,

including the Islam Course with the Islam Simulation. Excelsior is a school within the

Defendant School District and is located in Byron, California. Upon information and belief,

Defendant School District and Excelsior are funded in part by taxpayer dollars, including the

tax contributions of Plaintiffs Tiffany Eklund, Jonas Eklund, and Jay DuPee. At all relevant

times herein, Defendant School District was acting under color of state law as that phrase is

used in 42 U.S.C. 1983.

19. Defendant Thomas Meyer is the superintendent of the Defendant School District.

Upon information and belief, Defendant Meyer is responsible and has oversight and supervisory

authority for the curricula used and taught in the schools within the Defendant School District,

including the Islam Course with the Islam Simulation. At all relevant times herein, Defendant

Meyer was acting under color of state law as that phrase is used in 42 U.S.C. 1983.

Defendant Meyer is sued in his official capacity as the superintendent of the Defendant School

District.


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20. Defendant Nancie Castro is the principal of Excelsior. Upon information and

belief, Defendant Castro is responsible and has oversight and supervisory authority for the

curricula used and taught in Excelsior, including the Islam Course with the Islam Simulation.

At all relevant times herein, Defendant Castro was acting under color of state law as that phrase

is used in 42 U.S.C. 1983. Defendant Castro is sued individually and in her official capacity

as the principal of Excelsior.

21. Defendant Brooke Carlin is a teacher at Excelsior, and she taught the Islam

Course with the Islam Simulation at Excelsior in the seventh grade during the 2001-2002 school

year. Upon information and belief, Defendant Carlin is responsible for the curriculum used and

taught in her seventh grade classes at Excelsior, including the Islam Course with the Islam

Simulation. At all relevant times herein, Defendant Carlin was acting under color of state law

as that phrase is used in 42 U.S.C. 1983. Defendant Carlin is sued individually and in her

official capacity as a teacher at Excelsior.

22. Defendant Michele Carr is a teacher at Excelsior, and she taught the Islam

Course with the Islam Simulation at Excelsior to the seventh grade during the 2002-2003 school

year. Upon information and belief, Defendant Carr is responsible for the curriculum used and

taught in her seventh grade classes at Excelsior, including the Islam Course with the Islam

Simulation. At all relevant times herein, Defendant Carr was acting under color of state law as

that phrase is used in 42 U.S.C. 1983. Defendant Carr is sued individually and in her official

capacity as a teacher at Excelsior.


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STATEMENT OF FACTS

23. California has mandatory attendance requirements that require children of school

age, such as Plaintiffs Chase Eklund, Samantha Eklund, Taylor DuPee, and Morgan DuPee, to

attend school.

24. As part of the curricula taught at Excelsior, seventh grade students attend a class

entitled World History. World History was taught in the first semester of the 2001 and 2002

academic year at Excelsior and consisted of twenty-one weeks of study. As part of this class,

the students were required to attend and participate for approximately three weeks in the Islam

Course with the Islam Simulation. The Islam Course was the only portion of the World History

class that required simulation exercises. The simulation exercises were contained in the Islam

Simulation. Upon information and belief, the Defendants intend to continue teaching World

History and the Islam Course in the future, including the use of the Islam Simulation as part of

the Islam Course.

25. Before the start of the Fall 2001 semester, Plaintiffs Jonas Eklund, Tiffany

Eklund, and Chase Eklund were not informed of, and were unaware of, any opt-out policy of

the Defendants with regard to the Islam Course with the Islam Simulation.

26. Before the start of the Islam Course with the Islam Simulation in the Fall 2001

semester, Plaintiffs Jonas Eklund and Tiffany Eklund never received any notice from

Defendants explaining the use and/or purpose of the Islam Simulation part of the Islam Course.

27. The students who attended and participated in the Islam Course with the Islam

Simulation received a grade for their efforts and were encouraged to perform their best at all

tasks in order to guarantee . . . an excellent grade. A students grade for the Islam Course

with the Islam Simulation was computed in the students overall grade for the semester and


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would affect whether the student would pass the class and eventually get promoted to the next

grade level.

28. In the Islam Simulation materials provided to the students of the Islam Course,

the students were told that [f]rom the beginning, you and your classmates will become

Muslims. The students were required to be members of a caravan group that tried to be the

first group to complete a pilgrimage to Mecca, the holiest of Islamic cities. The students were

told that [t]his pilgrimage or hajj is a requirement of all faithful Muslims once in their

lifetime.

29. During the Islam Course with the Islam Simulation, the students were to pick

an (sic) Muslim name to obtain points toward their grade in the course. Each selected Muslim

name was printed on a card, and during class the students wore around their necks the cards

indicating their Muslim names. Plaintiff Chase Eklunds Muslim name was Abu. Students lost

points toward their grade in the course if they did not wear the name cards during class.

30. During the Islam Course with the Islam Simulation, the students were

encouraged to dress as Muslims to earn points toward their grade in the course. Defendant

Brooke Carlin displayed in her seventh grade classroom an example of Islamic dress for the

students to use as a model. Students were to make a costume at home that looked similar to the

one Defendant Carlin had displayed in her classroom and wear the costume to class.

31. While portraying Muslims, the students were encouraged to use phrases in their

speech such as in sha Allah or God is willing and Allah Akbar, Arabic for God is great.

32. While participating in a game called Jihad to earn points toward their grade in

the course, the students exchanged Dirham, which had inscribed on them the following: In

the name of God, the Merciful, the Compassionate.


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33. The students of the Islam Course with the Islam Simulation were told that an

important activity was learning Islams Five Pillars of Faith by imitating a requirement of

each Pillar. According to the Islam Simulation, the Five Pillars of Faith are [c]entral to being

a faithful Muslim, and they are considered the five important duties of a faithful Muslim.

These Pillars include Shahada: Profession of ones faith publicly that there is only one God,

and Muhammad is his prophet; Salaat: Prayer five times daily facing Mecca; Zakaat:

Charity or alms for the poor; Ramadan: Fasting during the ninth month of the Islamic

Calendar; and Hajj: Pilgrimage (religious journey) to the city of Mecca.

34. The students in the Islam Course with the Islam Simulation were instructed that

they must complete the Muslims Five Pillars of Faith. In order to show the students

understanding of Shahada (profession of faith), the First Pillar, the students were told to

complete a city banner which uses Arabesque designs and has the name of the city and the

Bismillah (in the name of God, the Merciful, the Compassionate, the opening words of the

Quran) written on it.

35. The Second Pillar, Salaat (prayer), was simulated by requiring the students to

analyze at least one verse from The Quran and memorize five Islamic proverbs. If called on,

the student had to be prepared to explain the Quran verse or recite an Islamic proverb and

explain what either means in our culture.

36. The Third Pillar, Ramadan (fasting), was completed by directing the students to

fast by giving up one lunch or snack period. Fasting was described as the principal act of

devotion during this holy month. The students were given the option of giving up one snack

and/or TV or radio program at home or to substitute this with silent reading or extra

homework during this period with parent verification. Students who fasted during the


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Ramadan segment of the course were able to earn additional points toward their grade in the

course.

37. The Fourth Pillar, Zakaat (charity or alms giving), was simulated by requiring

each student to provide one service for one of the following: community, school, faculty,

administration, rival group. If members of the student group did not meet this requirement,

the Muslim tithe of two and a half percent must be paid for the poor to the students teacher

before the Islamic Bowl.

38. The Fifth Pillar, Hajj (pilgrimage to Mecca) was simulated during THE RACE

TO MECCA. The students were told that [a] Muslim, at least once in his lifetime if

physically and financially able to do so, is required to make a pilgrimage to the holy city of

Mecca.

39. The students of the Islam Course were instructed by the Islam Simulation

materials that during the most important event, you will listen to a companion of Prophet

Muhammad explain about Muhammads life, his teachings, and his influence on the world

today. The students were taught that Muhammad was Gods final prophet who perfected

Islam. They were told that Prophet Muhammad has been called the most influential man in

history and that [b]efore God revealed His message to Prophet Muhammad, the Arabs

worshiped many gods. The students were instructed that Muhammad was told by the angel

Gabriel to be the apostle of God and to warn the people. The students were also warned that

at times they could be misdirected by a jinn (devil).

40. During the Islam Course with the Islam Simulation, the students participated in

so-called games, through which students could earn points toward their grade in the course.

These games required the students to do things such as Complete this phrase: Allah is the


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only true God and Muhammad is his __________; or fill in the blank: A phrase believers

recite to become a Muslim: __________; or answer truth, fact, or trivia to such claims

as follows: The Quran has 114 chapters or suras, has 6,226 verses, and is Gods third

revelation that was revealed to Prophet Muhammad. Fact; The Holy Quran is Gods word as

revealed to Prophet Muhammad through the Archangel Gabriel. Truth.; Archangel Gabriel

came to Prophet Muhammad while he meditated in a cave and revealed Gods word to him.

Revelations continued for 23 years. Truth. In one Bulletin Card the students are told Your

tribe repels an attack by infidels (non-believers). Praise Allah. Gain 5 dirhams.

41. As part of the Islam Course with the Islam Simulation, the students were

required to write a five-paragraph essay on the following topic: What THREE

important/interesting facts or ideas did you learn while studying Islam? (Attached as Exhibit

B.) As part of the instructions on completing this requirement, the students were given the

following guidance and warning: How did these new facts or ideas change or not change your

view (opinion) of the religion of Islam and/or Muslim people?BE CAREFUL HEREif

you do not have something positive to say, dont say anything!!!!

42. In the section on Islamic prayer, the Islam Simulation materials provided to

the students explained the Steps in prayer, and taught the students the fatiha: The opening

sura (chapter) in the Quran that is recited at every daily prayer either silently or aloud,

depending on the time of day that prayer is performed. The fatiha was provided in the Islam

Simulation as follows:

In the name of God, Most Gracious, Most Merciful.

Praise be to God, The Cherisher

and Sustainer of the Worlds;

Most Gracious, Most Merciful;

Master of the Day of Judgment;


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Thee do we worship,

And Thine aid we seek,

Show us the straight path.

The way on those whom Thou

hast bestowed Thy Grace.

Those whose portion is not wrath,

And who go not astray.

Amen.

43. The teacher notes in the Islam Simulation materials state the following: To

give extra flavor to the presentation, you should use proper phrases like God willing and

Allah has power over all things, as well as quote appropriate proverbs; Stress that those

students who do not dress up will not be allowed to actively participate and must sit at the back

of the room; Please note that Muslim organizations we have consulted feel very apprehensive

about this role-play. If you feel that your students will not enter into this activity with a serious

attitude, use the Lecture Option.

44. During the Islam Course with the Islam Simulation, Defendant Brooke Carlin

asked the students questions from the Islam Simulation materials, including the following:

Prophet Muhammad is Gods messenger and the final prophet. How does God speak through

Prophet Muhammad?; What will hell or heaven be like?; and Can you describe the

circumstances in which Prophet Muhammad made his night journey to heaven?

45. The students of the Islam Course were required to design and make a prayer rug

out of paper pursuant to the instructions of the Islam Simulation materials.

46. During a simulated game show called the Islamic Bowl, the Islam Simulation

materials suggested a script that concluded with the following statement: So until next time,

in sha Allah, assalam aleikoom and Allah akbar (God willing, may peace be with you, and

there is none greater than God Almighty).


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47. Plaintiff Samantha Eklund, the thirteen year old daughter of Plaintiffs Jonas and

Tiffany Eklund, is enrolled in the World History class at Excelsior for the 2002-2003 school

year. Plaintiff Samantha Eklunds teacher is Defendant Michele Carr.

48. On October 21, 2002, Plaintiff Samantha Eklund brought home a notebook that

contained notes from her World History class. Some of her class notes indicated that the school

was again teaching religion to the students. As a result, Plaintiff Tiffany Eklund sent a note to

Defendant Carr, informing her that Samantha was not to be involved in the unit on Islam.

49. Upon receiving this note from Plaintiff Samantha Eklund, Defendant Carr

became angry, held up the note in class and shouted, Is there anyone else. Defendant Carr

then directed Plaintiff Samantha Eklund to go to the school office. This was upsetting to

Plaintiff Samantha Eklund, who heard other students comment about her being in trouble for

having done something wrong.

50. Because her parents did not want her to be exposed to the Islam Simulation,

Plaintiff Samantha Eklund was required to report to the school office or another teachers

classroom for more than a month. During this time, which was often three full periods of

instruction a day, Plaintiff Samantha Eklund would work on school assignments. For nearly

half the school day during this opt-out period, Plaintiff Samantha Eklund would work on her

own without instruction or guidance from a teacher.

51. Because Plaintiff Samantha Eklund opted-out of the Islam unit, Defendant

Carr had Plaintiff Samantha Eklund study on her own an entire chapter on the French

revolution. After Plaintiff Samantha Eklund completed this chapter, she was given a test, which

she failed. This failing grade is part of her school record, and it is computed in her overall

grade for the semester. Students who attended the World History class with the Islam


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Simulation did not have to study the French revolution chapter on their own, nor take a test on

it.

52. While she was opted-out of her regular class, Plaintiff Samantha Eklund was

separated from her fellow students and friends. Plaintiff Samantha Eklund felt like she was

being singled out because of her religious beliefs. Moreover, because Plaintiff Tiffany Eklund

was forced to remove Plaintiff Samantha Eklund from the World History class, she experienced

the burden of having to separate her child from her fellow students and friends, knowing that

this would cause anguish for her child. In addition, because Plaintiff Samantha Eklund was

compelled to opt-out of the World History class based on her religious beliefs, Plaintiff

Samantha Eklund was deprived the benefits of a public school education, which her parents,

Plaintiffs Jonas and Tiffany Eklund, fund in part through their tax dollars. By continuing to

expose students to offensive religious indoctrination, school officials in the Byron Union

School District are placing a substantial burden on the parents and their childrens religious

beliefs.

FIRST CLAIM FOR RELIEF

(Establishment Clause Violation)

53. Plaintiffs hereby incorporate by reference all above-stated paragraphs.

54. Defendants policy, practice, procedure, and/or custom of funding and

implementing the Islam Simulation part of the Islam Course in Excelsior violates the

Establishment Clause of the First Amendment of the United States Constitution in that it

impermissibly endorses and advances the Islamic religion, conveys a message of disapproval of

Christianity, and compels students to participate in Islamic religious exercises therefore

depriving the Plaintiffs of their rights guaranteed to them under the First Amendment to the


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United States Constitution as applied to the states and their political subdivisions under the

Fourteenth Amendment to the United States Constitution and 42 U.S.C. 1983.

55. As a direct and proximate result of the Defendants violation of the Plaintiffs

rights, the Plaintiffs have suffered irreparable harm, including the loss of their constitutional

rights, and this harm will continue absent injunctive relief; therefore, plaintiffs are entitled to an

injunction and an award of nominal damages.

SECOND CLAIM FOR RELIEF

(Free Exercise Clause Violation)



implementing the Islam Simulation part of the Islam Course in Excelsior violated the Free

Exercise Clause of the First Amendment of the United States Constitution in that it

impermissibly and substantially burdened the free exercise right of Plaintiff Chase Eklund

therefore depriving Plaintiff Chase Eklund of the rights guaranteed to him under the First

Amendment to the United States Constitution as applied to the states and their political

subdivisions under the Fourteenth Amendment to the United States Constitution and 42 U.S.C.

1983.

58. As a direct and proximate result of the Defendants violation of Plaintiff Chase

Eklunds rights, Plaintiff Chase Eklund has suffered irreparable harm, including the loss of his

constitutional rights, and he is entitled to an award of nominal damages.

THIRD CLAIM FOR RELIEF

(Parental Rights Violation)



implementing the Islam Simulation part of the Islam Course in Excelsior infringes the rights of


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Plaintiffs Jonas Eklund and Tiffany Eklund in raising their children according to the religion,

system of values, and moral norms they deem appropriate and infringes their rights to the care,

custody, education of and association with their children, in contravention of the First and

Fourteenth Amendments to the United States Constitution and 42 U.S.C. 1983.

61. As a direct and proximate result of the Defendants violation of the rights of

Plaintiffs Jonas Eklund and Tiffany Eklund, Plaintiffs Jonas Eklund and Tiffany Eklund have

suffered irreparable harm, including the loss of their constitutional rights, and they are entitled

to an award of nominal damages.

FOURTH CLAIM FOR RELIEF

(Free Exercise Clause Violation)



implementing the Islam Simulation part of the Islam Course in Excelsior violated the Free

Exercise Clause of the First Amendment of the United States Constitution in that it

impermissibly and substantially burdened the free exercise right of Plaintiff Samantha Eklund

therefore depriving Plaintiff Samantha Eklund of the rights guaranteed to her under the First

Amendment to the United States Constitution as applied to the states and their political

subdivisions under the Fourteenth Amendment to the United States Constitution and 42 U.S.C.

1983.

64. As a direct and proximate result of the Defendants violation of Plaintiff

Samantha Eklunds rights, Plaintiff Samantha Eklund has suffered irreparable harm, including

the loss of her constitutional rights, and she is entitled to an award of nominal damages.


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WHEREFORE, the Plaintiffs ask this Court:

A) to declare that the Defendants have violated the Establishment Clause of the

United States Constitution by funding and implementing the Islam Simulation part of the Islam

Course, as set forth in this Complaint;

B) to declare that the Defendants have violated the free exercise rights under the

United States Constitution of Plaintiffs Chase Eklund and Samantha Eklund, as set forth in this

Complaint;

C) to declare that the Defendants have violated the parental rights under the United

States Constitution of Plaintiffs Jonas Eklund and Tiffany Eklund by funding and implementing

the Islam Simulation part of the Islam Course, as set forth in this Complaint;

D) to permanently enjoin the Defendants, their supervisors, employees, agents, and

successors in office from funding and implementing the Islam Simulation part of the Islam

Course, as set forth in this Complaint;

E) to award Plaintiffs nominal damages for violation of their constitutional rights

pursuant to 42 U.S.C. 1983;

F) to award the Plaintiffs their reasonable attorneys fees, costs, and expenses

pursuant to 42 U.S.C. 1988 and other applicable law;

G) to grant such other and further relief as this Court should find just and proper.


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Respectfully submitted this 22nd day of April, 2003.

____________________________________

Richard Thompson, Esq.*

Edward L. White III, Esq.*

Robert J. Muise, Esq.*

Thomas More Law Center

3475 Plymouth Road, Suite 100

Ann Arbor, MI 48105-4778

(734) 827-2001; Fax: (734) 998-4778

*Admitted pro hac vice

Anthony Francois (CA Bar No. 184100) 1128 34

th Avenue

Sacramento, CA 95822

(916) 446-4647; Fax: (916) 446-1391

Local Counsel

Attorneys for Plaintiffs


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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing PLAINTIFFS FIRST

SUPPLEMENTAL COMPLAINT and attached exhibits was served pursuant to Civil L.R. 5-

5(a)(1) on the following counsel of record on April 22, 2003, in Ann Arbor, Michigan, by

placing said documents in an envelope and delivering by pre-paid, First Class United

States Mail, to:

STEPHEN P. BERZON

LINDA LYE

Altshuler, Berzon, Nussbaum, Rubin & Demain

177 Post Street, Suite 300

San Francisco, CA 94108

Attorneys for Defendants

I declare under penalty of perjury that the foregoing is true and correct. Executed on this 22nd

day of April, 2003, in Ann Arbor, Michigan.

______________________________

Nora Hudge

Documents

Eklund v. Byron Union School District