Rodriguez v. Oakland Unified School District et al

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    COMPLAINT FOR VIOLATION OF CIVIL RIGHTS AND DAMAGES 1

    CASE NO. 4:11-cv-05719-YGR

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    CASE NO.:

    COMPLAINT FOR VIOLATION OF

    CIVIL RIGHTS AND DAMAGES

       42 U.S.C. § 1983 (First, Fourth, and

    Fourteenth Amendments)

      42 U.S.C. § 1231(2) (Title II of the

    ADA)

      

    29 U.S.C. § 794 (RA)

      20 U.S.C. § 1400 (IDEA)

      California Constitution Article 1,

    §§ 1, 13

      California Civil Code § 52.1

      California Civil Code § 51.7

      Assault and Battery

      Negligence

      False Arrest or Imprisonment

      Abuse of Process

     

    Intentional Infliction of Emotional Distress

      Intrusion into Private Affairs

       Public Disclosure of Private Facts

    DEMAND FOR JURY TRIAL

    RONALD CRUZ, State Bar No. 267038

    United for Equality and Affirmative Action Legal Defense Fund (UEAALDF) 1985 Linden Street

    Oakland, CA 94607

    (510) 384-8859 ronald.cruz@ueaa.net Fax (313) 586-0089

    Attorneys for Plaintiff

    UNITED STATES DISTRICT COURT

    NORTHERN DISTRICT OF CALIFORNIA

    OAKLAND DIVISION 

    JONATHAN RODRIGUEZ, by his next friend IGNACIO RODRIGUEZ;

    Plaintiff,

    vs.

    OAKLAND UNIFIED SCHOOL

    DISTRICT, a public entity, OAKLAND UNIFIED SCHOOL DISTRICT POLICE

    DEPARTMENT, a public entity, NOIL ANGELO, CARLTON JOHNSON, ERIC DUBOIS, ANA VASQUEZ, EMILIANO

    SANCHEZ, JAMES WILLIAMS, GARY

    YEE, JEFF GODOWN, ANTWAN

    WILSON, and DOES 1-10, in their individual and official capacities,

    Defendants.  ______________________________________

    Case 4:16-cv-00402 Document 1 Filed 01/22/16 Page 1 of 37

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    COMPLAINT FOR VIOLATION OF CIVIL RIGHTS AND DAMAGES 2

    CASE NO. 4:11-cv-05719-YGR

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    Pursuant to the Federal Rules of Civil Procedure, the Plaintiff, by and through his

    attorneys, UNITED FOR EQUALITY AND AFFIRMATIVE ACTION LEGAL

    DEFENSE FUND, states as follows:

    INTRODUCTION 

    1.  This case arises out of the unprovoked and discriminatory targeting and beating of

    a Latino special-education high school student by school security officers of the Oakland

    School Police Department (OSPD) and a vice principal of Oakland Unified School

    District (“OUSD”), under OUSD’s supervision and control, and the cover-up by OSPD

    and OUSD of the incident.

    2.  This incident arises out of OUSD’s policy of providing repression instead of equal

    educational opportunities to Oakland’s special-education students and the city’s

     predominantly Latina/o, black, other minority, and immigrant student population.

    JURISDICTION AND VENUE

    3.  This is a civil rights action arising from the Defendants’ unreasonable seizure of

    and use of excessive force against Plaintiff Jonathan RODRIGUEZ (“Plaintiff”), on or

    about January 22, 2014 at Fremont High School, 4610 Foothill Boulevard, Oakland,

    California 94601. This action is brought pursuant to: 42 USC §§1983 and 1988; the First,

    Fourth, and Fourteenth Amendments to the United States Constitution; the American

    with Disabilities Act (“ADA”) Title II (42 USC §§ 12131 et seq.); the Rehabilitation Act

    (“RA”) (29 USC § 794 et seq.); the Individuals with Disabilities Education Act (“IDEA”)

    (20 USC § 1400 et seq.); the California Constitution; California Civil Code §§ 51.7 and

    52.1, state common law, and related state law statutes, codes, and regulations.

    4.  Plaintiff resides in Oakland, California. All of the Defendants herein reside and/or

    work in Oakland, California. The events, acts, and/or omissions complained of herein

    Case 4:16-cv-00402 Document 1 Filed 01/22/16 Page 2 of 37

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    COMPLAINT FOR VIOLATION OF CIVIL RIGHTS AND DAMAGES 3

    CASE NO. 4:11-cv-05719-YGR

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    occurred in Alameda County, California, and this action is properly assigned to the U.S.

    District Court of California, Northern District.

    5.  This complaint includes claims made under the Fourth and Fourteenth

    Amendments to the U.S. Constitution under 42 USC §1983, the ADA, the RA, and the

    IDEA. This Court has subject matter jurisdiction under 28 USC §1331 and 28 USC

    §1343(3). This Court has supplemental jurisdiction of related state claims from the same

    case or controversy under 28 USC §1367(a).

    6.  This action is timely filed within all applicable statutes of limitation.

    INTRADISTRICT ASSIGNMENT

    7.  A substantial part of the events which give rise to this claim occurred in Alameda

    County, making assignment to the Oakland Division appropriate under Civil L.R. 3-2(d).

    PARTIES

    8.  At all material times, Plaintiff Jonathan RODRIGUEZ, by his next friend Ignacio

    Rodriguez, was and is a resident of the State of California, County of Alameda. He brings

    these claims on his own behalf and as a Private Attorney General to vindicate

    constitutional rights of the highest importance.

    9.  Defendant Oakland Unified School District (“OUSD”) is a public entity and an

    educational service agency established and maintained by the laws and constitution of the

    State of California, and owns, operates, manages, directs, and controls the Defendant

    Oakland School Police Department (OSPD), and employs and/or is responsible for other

    Defendants in this action. Pursuant to California Government Code § 815.2, Defendant

    OUSD is vicariously liable for state law torts of its employees and agents, including but

    not limited to those named as Defendants herein.

    Case 4:16-cv-00402 Document 1 Filed 01/22/16 Page 3 of 37

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    COMPLAINT FOR VIOLATION OF CIVIL RIGHTS AND DAMAGES 4

    CASE NO. 4:11-cv-05719-YGR

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    10.  Defendant Noil ANGELO was, at all material times up through at least Spring

    2014, employed as a school security officer by Defendants OUSD and OSPD, and was

    acting within the course and scope of that employment. Defendant ANGELO is being

    sued in his individual capacity.

    11.  Defendant Carlton JOHNSON was, at all material times up through at least

    Spring 2014, employed as a school security officer by Defendants OUSD and OSPD, and

    was acting within the course and scope of that employment. Defendant JOHNSON is

     being sued in his individual capacity.

    12.  Defendant Eric DUBOIS was, at all material times up through at least Spring

    2014, employed by Defendant OUSD, and he was acting within the course and scope of

    his employment as a Vice Principal of Fremont High School (“FHS”). As Vice Principal,

    on information and belief, he was a policy-making official for FHS, responsible for all

     policies, procedures, and training at FHS. Defendant DUBOIS is being sued in his

    individual capacity.

    13.  

    Defendant Ana VASQUEZ was, at all material times up through at least Spring

    2014, employed by Defendant OUSD, and she was acting within the course and scope of

    her employment as a Vice Principal of FHS. As Vice Principal, on information and

     belief, she was a policy-making official for FHS, responsible for all policies, procedures,

    and training at FHS. Defendant VASQUEZ is being sued in her individual capacity.

    14.  Defendant Emiliano SANCHEZ was, at all material times up through at least

    Spring 2014, employed by Defendant OUSD, and he was acting within the course and

    scope of his employment as Principal of FHS. As Principal, on information and belief, he

    was a final policy-making official for FHS, ultimately responsible for all policies,

    Case 4:16-cv-00402 Document 1 Filed 01/22/16 Page 4 of 37

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    COMPLAINT FOR VIOLATION OF CIVIL RIGHTS AND DAMAGES 5

    CASE NO. 4:11-cv-05719-YGR

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