Ryans v. Gresham
6 F.Supp.2d 595
(E.D. Tex. 1998)
Facts: The plaintiff sued the defendants for violation of free speech and civil rights protected by the 1st and 14th Amendments. The plaintiffs were visiting and observing their child’s classroom to determine if the child’s claim of mistreatment due to race were founded. After attempting to take up the matter with the teacher, meeting with the Superintendent, and being referred to the school principal the defendants filed a complaint with TEA and the federal government. The Principal agreed to allow the parents to observe the student’s classes. Permission was given for the mother to observe during the Principal’s absence. The mother was told by the teacher that she could remain in the classroom for an hour. After an hour had passed, the teacher requested that the mother leave, and the mother refused because she had authorization from the…show more content… The teacher sent word to the Principal’s substitute who convinced the mother to go to the office. The mother was not satisfied with the discussion in the office and returned to the classroom. The Principal’s substitute asked the mother to leave the classroom and she refused. The police were contacted and officers arrived. After the class ended, the mother went to the office and asserted to the officer and the substitute that she had written authorization from the Principal to be there. The substitute stated that the authorization was invalid because the Principal was absent and ordered the parent to leave. When the mother refused the substitute asked the officer to arrest her for trespassing. The mother assumed she was under arrest and went with the officer who did not use force or handcuffs and never told her that she was under arrest. She posted bond and was released. The trespass charges were dropped, but she believes that her rights
