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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

KENYATTA B., by and through her ) next friend, Kenya Atkins; CHARLES ) Civil Action: 09cv7068 R. by and through his next friend ) Judge Robert W. Gettleman Cassandra White-Robinson; ) Mag. Judge Geraldine Soat-Brown MALCOLM R. by and through ) his next friend Cassandra White-Robinson; ) KERMINIA W. by and through ) her next friend Penelope Wellington; ) DEANDREW C. by and through his next ) friend, Laura Alexander; ) BRIANNA R. by and through ) her next friend Adrienne Weston; ) DOMINIK J. by and through his ) next friend Donna Jackson; KERMITON ) W. by and through his next friend ) Penelope Wellington; ALEX S., by and ) through his next friend Joanne White; ) ALTON S., by and through his next ) friend Joanne White; ) KERMIRIA WELLINGTON )

PLAINTIFFS, ) v. ) CHICAGO PUBLIC SCHOOLS, ) CHICAGO BOARD OF EDUCATION ) MICHAEL SCOTT, Indiv. & Prof. Capacities )

DEFENDANTS. )

FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND EQUITTABLE RELIEF

NATURE OF THE COMPLAINT

This is an action for injunctive, declaratory and equitable relief.1 Plaintiffs, school-age

children\teenagers, each allege that they have been deprived of their [Constitutionally protected]

property right to a public education without Due Process of law, in violation of the 14th Amendment

of the United States Constitution. The plaintiffs’ contend that since the death of Derrion Albert on

September 24, 2009, they have been constructively barred from their public high school (Fenger),

1It is intended that a Motion for Injunctive Relief (with one or more affidavits attached) will follow the filing of this complaint.

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because they have been unable to attend classes, as Fenger Public High School is too dangerous;

and that school administrators and school security are unable and unwilling to provide a public

education for plaintiffs or to insure the safety of plaintiffs from violent, physical attacks on school

grounds. Derrion’s video recorded death prompted the latest round of violence at Fenger H.S. that

has not ceased since the afternoon that 16 year-old Derrion was savagely beaten to death with

nail-spiked railroad boards as he left Fenger H.S. Plaintiffs state that they fear for their lives and

that school officials have refused to allow plaintiffs promised transfers from the Fenger High to

other public high schools.

JURISDICTION & VENUE

Jurisdiction of this court arises under 28 U.S.C. secs. 1331, 1343(a), the 5th and 14th

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

PARTIES

(1) Plaintiff Kenyatta B., a natural person, is 16 years old and a student at Fenger High

School. She resides at 650 East 131st Street, Chicago, IL and was a student at Fenger High

School during all relevant times of this action.

(2) Plaintiff Kermiria Wellington, a natural person, is 18 years old and a senior at

Fenger High School. She resides at 132-37 South Langley Street, Chicago, IL and was a student

at Fenger High School during all relevant times of this action.

(1) Plaintiff Kermiton W., a natural person, is 15 years old is a student at Fenger High

School. He resides at 132-37 South Langley Street, Chicago, IL and was a student at Fenger

High School during all relevant times of this action.

(2) Plaintiff Charles R., a natural person, is 15 years old and a student at Fenger High

School. He resides at 130-52 South Drexel Avenue, Chicago, IL and was a student at Fenger High

School during all relevant times of this action.

(3) Plaintiff Malcolm R., a natural person, is 16 years old and a student at Fenger High

School. He resides at 130-52 South Drexel Avenue, Chicago, IL and was a student at Fenger

High School during all relevant times of this action.

(4) Plaintiff Michael D., a natural person, is 16 years old and a student at Fenger High

School. He resides in Chicago, IL and was a student at Fenger High School during all relevant

times of this action.

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(5) Plaintiff Dominick J., a natural person, is 15 years old and a student at Fenger High

School. He resides at 306 East 131st Place, Chicago, IL and was a student at Fenger High School

during all relevant times of this action.

(6) Plaintiff Alex S., a natural person, is 15 years old and a student at Fenger High

School. He resides at 308 East 131st Place, Chicago, IL and was a student at Fenger High School

during all relevant times of this action.

(7) Plaintiff Alton S., a natural person, is 14 years old and a student at Fenger High

School. He resides at 308 East 131st Place, Chicago, IL and was a student at Fenger High School

during all relevant times of this action.

(8) Plaintiff Brianna R., a natural person, is 15 years old and a student at Fenger High

School. She resides at 308 East 131st Place, Chicago, IL and was a student at Fenger High

School during all relevant times of this action.

(9) Next Friend Donna Jackson is a legal adult and the mother of Plaintiff Dominick J.

(10) Next Friend Adrienne Weston is a legal adult and the mother of Plaintiff Brianna R.

(11) Next Friend Joanne White is a legal adult and the mother of Plaintiffs’ Alton and Alex

S.

(12) Next Friend Laura Alexander is a legal adult and the mother of Plaintiff DeAndrew C.

(13) Next Friend Penelope Wellington is a legal adult and the mother of Plaintiffs’

Kermiton W. and Kerminia W.

(14) Next Friend Kenya Atkins is a legal adult and the mother of Plaintiff Kenyatta B.

(15) Defendant Chicago Public Schools is a part of the City Chicago (an incorporated

municipality) government and is headquartered at 125 South Clark Street, Chicago, IL 60603.

(16) Defendant Chicago Board of Education is the governance arm of Defendant

Chicago Public Schools and is headquartered at 125 South Clark Street, Chicago, IL 60603.

(17) Defendant Michael Scott is the Chicago Public Schools Board President and has his

offices at headquartered at 125 South Clark Street, Chicago, IL 60603.

FACTS

(1) All plaintiffs are students at Fenger High School in Chicago.

(2) All plaintiffs, except for Kemiria Wellington (not to be confused with Keminia Wellington)

are minors. Kemiria Wellington is a senior at Fenger H.S. and recently became 18 years-old.

(3) All plaintiffs are black and or of African descent.

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(4) All plaintiffs reside in an area of Chicago known as Altgeld Gardens.

(5) Upon reasonable information and belief, many residents of Altgeld Gardens and its

surrounding neighborhoods live below the poverty line.

(6) Children\teenagers of high school age who reside in the Altgeld Gardens community\area

are “bused” [sic] to Fenger H.S., which is approximately 5 miles (in city traffic) from the Altgeld

Gardens community.

(7) The high school that is understood by plaintiffs and their parents to have been zoned for

Altgeld Gardens students (the plaintiffs) and within walking distance of the Altgeld Gardens

community is “George Washington Carver H.S.”

(8) Plaintiffs have been denied admission to George Washington Carver H.S; although, this is

the high school that they understand to be for their community members of high school age.

(9) In the not so distant past, the City of Chicago converted George Washington Carver H.S

(Carver) to a military academy. As a result, most the school’s seats were lost and most Carver

students were re-zoned for Fenger High School.

(10) Upon reasonable information and belief, George Washington Carver H.S. has a capacity

for as many as 1000 students; however, presently, there are approximately 500 in attendance.

(11) Children from the Altgeld Gardens community (the plaintiffs in particular) are physically

attacked, frequently, while on Fenger School grounds.

(12) Plaintiffs’ assert that they are victims of violence at Fenger H.S. because of the fact that

they live in public housing (and that there is negative stigma associated with living in public

housing).

(13) The tensions at Fenger H.S. between the students who live in the “projects” and the

students who do not live in the projects led to the September 24, 2009 horrific beating death of 16

year-old Fenger student Derrion Albert as he walked from Fenger High School. The cell phone

recorded video showing a healthy Derrion and seconds later a bloody child facing his death, is

presently widely circulated on the Internet.

(14) Chicago Public School officials are aware of the tensions between the two groups,

however, have been negligent in addressing the tensions.

(15) Plaintiffs’ and brothers’ Alton S. and Alex S., 14 and 15 respectively, assert that they were

savagely beaten at Fenger H.S. on or about October 29, 2009 and that Chicago Public School

Security did not nothing to protect them.

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(16) The boys assert that one week later on November 5, 2009 while they walked in the

cafeteria they were attacked AGAIN, this time by approximately 10 male students. The boys

described having been pinned against the wall with such force that they could not fall to the

ground; rather, as CPS Security watched, the attacking students took turns punching and kicking

the boys as they let out shrieks of pain. Alex, suffered a swollen arm and Alton experienced

incessant vomiting well into the late night of November 5, 2009 and into the early morning of

November 6, 2009. This time, CPS penalized the bloodied boys and drove them home. Presently,

the children fear for their lives and will not return to Fenger H.S.

(17) Joanne White, Alex and Alton’s mother, states that since Derrion’s death, she has been

told repeatedly by CPS official David Pickett that he would help get her children out of Fenger.

(18) Mrs. White states as to why she is keeping Plaintiffs Alton and Alex home: “I don’t want to

be Derrion Albert’s mother—I don’t want to get that call.”

(19) Plaintiff Brianna R. is a petite 15 year-old female who states that she has attended school

only 3 or 4 times since Derrion was beaten to death. She states that since Derrion’s death, the

school is even more out of control and that school administrators, security and the police are part

of the problem. She states that none of them protect her from violence which Brianna says is

constant and makes learning impossible. Brianna wants to return to school, but cannot for reasons

which include that children are often locked out of Fenger by Fenger officials.

(20) Plaintiff Dominick J. was jumped and beaten inside of Fenger H.S. one week before

Derrion was beaten to death. Dominick J.’s alleged offense: he lived in a project. Next Friend

Donna Jackson, Dominick’s mother, asserts that right before Derrion’s death, she spoke directly

with an agent of Fenger H.S. and that she asked that Dominick be transferred to another high

school. She was told to obtain transfer papers from the high school to which she wanted Dominick

to transfer.

(21) She went to Gwendolyn Brook Preparatory Academy. She was promptly turned away---

told that no transfer papers would be given to her. Ms. Jackson then telephoned Morgan Park

Academy. She was told that transfer papers would not be given to her. Lastly, she telephoned

George Washington Carver H.S. Again, she was denied transfer papers for her son Dominick.

(22) Next Friend Cassandra White-Robinson was horrified by Derrion’s gruesome death and

the constant physical attacks upon her children at Fenger H.S. On the Monday after Derrion’s

death (September 28), she went to Fenger high school and spoke directly with Assistant Principal

Ali Muhammad. She told him that she wanted to transfer her sons (Plaintiff Malcolm R. and

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Plaintiff Charles R.) from Fenger to Carver. He told her that it was possible, but that she needed to

go to Carver to obtain a “Transfer Letter.”

(23) Accompanied by and with other parents who also sought Transfer Letters, she arrived at

Carver on the afternoon of September 28 and talked directly with Principal Tibitt. Ms. Tibitt

reportedly said to Ms. White-Robinson: “no kids can be accepted.”

(24) Next Friend Ms. Cassandra White-Robinson went to the CPE Headquarters and spoke

directly with CPE president Michael Scott. He promised to help her and directed her and others to

make flyers (attached as an Exhibit 1) to announce that he and Ron Huberman, CPS

Superintendent, were coming to Altgeld Gardens on October 30, 2009 at 12:00 noon, for matters

germane to helping parents get their children out of Fenger High School.

(25) Ms. Cassandra White-Robinson and other plaintiffs and next friends report that the flyers

were made and distributed.

(26) Ms. Cassandra White-Robinson and other plaintiffs and next friends report that Mr. Scott

never showed; rather, at about 12:00noon on the day of, as hundreds of residents waited, the City

caused the affixing of the attached cancellation notice (Exhibit 2). To date, no explanation has

been given for the cancellation.

(27) Plaintiff Charles R. stated of his experiences at Fenger: “I get jumped every day in the

lunchroom, the hallway, everywhere. I’m just tired of it. I want to go to a regular school.”

(28) On November 8, 2009, Plaintiff Kenyatta B. said that she does not want to be transferred

from Fenger, instead that Chicago Public Schools and the Chicago Police Department should

provide better security. She stated, as did all of the plaintiffs, that Chicago Public Schools security

does little to stop fights at Fenger. She added: “Fights happen, and sometimes security will stand

there and watch.”

(29) Fifteen year-old Plaintiff DeAndrew C. has not been to school since the afternoon that

Derrion’s bloody corpse lay on a Chicago street. DeAndrew stated on November 8, 2009: “I feel

like my life is in danger, so I’ll stay out as long as I have to. I’m just tired of fighting, I’m scared of

getting hurt.”

(30) Defendant Michael Scott is sued in his individual and professional capacities.

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COUNT 1: DEPRIVATION OF PLAINTIFF’S FOURTEENTH AND FIFTH AMENDMENT RIGHTS (Due Process) IN VIOLATION OF 42 U.S.C. 1983

(1) Plaintiffs repeat, re-allege and incorporate by reference, the allegations in aforementioned

paragraphs with the same force and effect as if herein set forth and that Paragraph 1 for Count 1 is

the Fact’s section above.

(2) Plaintiffs’ have a Constitutionally protected property right to a public education.

(3) Under color of law and with intent to deprive, the defendants deprived (and continue to

deprive) plaintiffs of their property right [by way of the 5th and 14th Amendments] to a public

education.

(4) Under color of law and with intent to deprive, the defendants deprived plaintiffs of their

property right by denying them a public school environment conducive to learning and a high

school that they can physically access.

(5) One or more plaintiffs have been denied entry (by CPS and CPE officials) to Fenger H.S.,

although, the plaintiffs are enrolled students.

(6) Plaintiffs have been denied their property right to a public education without Due Process

of Law.

(7) Plaintiffs’ assert that the defendants condone mob attacks that include defendants allowing

other students to strike, punch, kick and savagely beat plaintiffs on school property.

(8) Plaintiffs who have attended some classes at Fenger since Derrion Albert’s death have

been detained by CPS security and deprived of a public education, although, they are the victims.

Arguably, the detainment is a tortiuos action, false imprisonment. CPS and CPE reportedly hold

students in locked rooms. Hallways are secured by heavy chains and gates, so much so, that if

access out of the building were needed by children pursuant to an event such as a fire, students

would be trapped.

(9) Since Derrion Albert’s beating death, other plaintiffs, out of reasonable and justified fear

have chosen not to enter upon the school property because they say it is not safe. They assert that

Chicago Public Schools has done little to nothing to insure their safety from a similar attack.

(10) Still, Fenger H.S. was notably violent before Derrion’s death. One plaintiff Dominick J.

and his mother, Next Friend Donna Jackson, had requested a transfer letter from Defendant CPS

one week before Derrion was killed, and that Dominick was denied a transfer letter without Due

Process of Law.

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(11) All other plaintiffs’ have sought transfer letters but have been denied without Due Process

of Law. The facts and circumstances for which the above captioned matter concerns make grants

or denials of transfers a Due Process issue.

(12) Defendants acted under color of law to deprive plaintiffs of rights secured by the

Constitution, namely, plaintiffs’ property right to a public education by way of the 14th Amendment.

(13) CPS President Michael Scott was acting under color of state law when he deprived the

plaintiffs of clearly defined rights property rights secured by the United States Constitution or laws

of the United States, namely, a right to a public education, especially, when he cancelled the Due

Process event scheduled for October 30, 2009.

(14) The Chicago Public Schools and the Chicago Board of Education is responsible for

the14th amendment violation in issue.

(15) There is express custom and practice (represented by an unwritten policy) held by

Defendants’ Chicago Public Schools (CPS), Chicago Board of Education (CPE) that has caused

and continues to cause the deprivation of plaintiffs’ property right to a public education.

(16) The widespread practice and custom is defined as: 1. CPS security doing little to nothing

to stop violence directed at children on CPS property, rather, that security watches the horrific

violent acts; and when CPS security responds, its methods are often violent, without good

judgment; without common sense; and without discretion; and 2. the omissions by CPS and CPE

officials to do anything substantive to stop horrid physical, abuse (daily beatings) of children on

CPS property, is so common that it has the effect of a written CPS and CPE policy;

(17) And that the constitutional injuries that have resulted from CPS school security and CPE

school officials widespread practice and custom, were caused by a person with final policymaking

authority, namely CPE President Michael Scott.

(18) As a result of defendants’ actions, plaintiffs have suffered harm which includes, physical

injuries; having fallen behind in course work (and it is likely that some of the plaintiffs will have to

repeat a grade); plaintiffs’ unable to attend classes; child care costs to plaintiffs’ and their families;

and mental stress.

WHEREFORE, Plaintiff seeks injunctive relief that either orders defendants to reasonably

protect plaintiffs from violence at Fenger High School (to the extent that plaintiffs are not beaten

daily as security officers omit to act); and/or to afford plaintiffs due process pursuant to a stratagem

that will allow students to apply for and ultimately attend other Chicago public high schools; and

that plaintiffs seek judgment against the defendants jointly and severally, for actual, general,

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special, compensatory damages in the amount of $1.00 and such other relief deemed to be just

and equitable. Counsel for plaintiff’s (undersigned) does not make a request for attorney’s fees

because of the fundamental social issues for which the above captioned matter concerns.

Respectfully Submitted, November 12, 2009 s\Christopher C. Cooper, ESQ., PHD. Counsel for Plaintiff Licensed in the U.S. District Court for Northern Illinois Law Office of Christopher Cooper 3620 WEST 80TH LANE, MERRILLVILLE, IN 46410 Tel: 312 371 6752 or 219 228 4396 FAX: 866 334 7458 E-Mail: cooperlaw3234@gmail.com

Committee for Safe Passage to School

Your Presence is Very Important for This I\1eeting at eYC/Community Building

Parents and Guardians:

The Board of Education is coming to Altgeld: Ron Huberman (School Superintendent), Michael Scott (President of CPS Board) and their staff people.

This is the only chance to get Carver Military School back to the community. Our children would be allowed to attend Carver not as a military school but as a general course school. Your presence wiil determine if it would be returned or stay as a luilitary school. Your presence will make this difference! If you don't attend this very important meeting, WE LOSE!

When: Friday, October 30, 2009 Where: CYC /Community Building

951 East 132nd Place Time: 12:00 Noon

Please keep your child home on this day for safety reasons and to attend this meeting. This is day before Halloween and we want our children safe!

For further information and to confirm ou attendance call us (773) 840.4618. Refreshments will be served! ;

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, . lAC TO UNFORSEE CIRCUMSTANCES, I . ! .

THE MEETING WITl1CHICAGO PUBLIC ' ;CHbOL BOARD HAS BEEN CANCELLED. i \

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I THE MEETING WILL BE RESCHEDULED I I

AT A LATER DATE. I

IK YOU FOR YOUR COOP

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10/80/09

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: PLAINTIfF'S ; ~HIBIT ! .0....