Case: Johnson v. Poway Unified School District

3:07-cv-00783 | U.S. District Court for the Southern District of California

Filed Date: April 30, 2007

Closed Date: Jan. 12, 2012

Clearinghouse coding complete

Case Summary

On April 30, 2007, a high school math teacher employed by the Poway Unified School District filed this suit against the school district in the Southern District of California. The plaintiff claimed that the school district had violated his First Amendment rights by requiring him to take down banners in his classroom containing quotations from prominent American political documents referencing a Judeo-Christian god. The plaintiff claimed injury under the Free Speech Clause of the First Amendment…

On April 30, 2007, a high school math teacher employed by the Poway Unified School District filed this suit against the school district in the Southern District of California. The plaintiff claimed that the school district had violated his First Amendment rights by requiring him to take down banners in his classroom containing quotations from prominent American political documents referencing a Judeo-Christian god. The plaintiff claimed injury under the Free Speech Clause of the First Amendment, the Establishment Clause of the First Amendment, the Equal Protection Clause of the Fourteenth Amendment, Article I § 2 of the California Constitution, the No Preference Clause of the California Constitution, and the Establishment Clause of the California Constitution. The plaintiff sought declaratory and injunctive relief, as well as nominal damages. The plaintiff was represented by a non-profit law center devoted to Christian interests and the defendants were represented by private counsel.

The defendants moved to dismiss the complaint under Federal Rules of Civil Procedure 12(b)(1), 12(b)(6), and 12(f). On September 4, 2008, the Southern District of California (Judge Roger T. Benitez) issued an order denying defendants' motion to dismiss.

On August 14, 2009, the parties filed cross motions for summary judgment. On February 25, 2010, Judge Benitez issued an opinion granting plaintiff's motion for summary judgment and denying defendants' motion for summary judgment. 2010 WL 768856. The Court found that the plaintiff's classroom walls constituted a limited public forum for faculty speech and that the plaintiff's speech was squelched because of his Judeo-Christian viewpoint. Furthermore, the Court found that by removing the plaintiff's classroom banners because they conveyed a Judeo-Christian viewpoint, while at the same time permitting displays by other teachers of Buddhist and Hindu religious symbols (such as Tibetan prayer flags and a poster of Mahatma Gandhi's "seven social sins"), the defendants had violated the Establishment Clause in using the weight of government to prefer one religion and express hostility over another religion.

On March 24, 2010, the school district appealed Judge Benitez's grant of summary judgment to the Ninth Circuit. On September 13, 2011, the Ninth Circuit, in an opinion written by Justice Richard C. Tallman, reversed the district court's grant of summary judgment and remanded with instructions to enter summary judgment in favor of Poway Unified School District. 658 F.3d 954. The Court held that when the plaintiff performs his duties as a high school math teacher, he speaks not as an individual, but as a public employee, and the school district is free to control the message he imparts to his students.

The Ninth Circuit also rejected the plaintiff's claim that the school district had violated his rights under the Establishment and Equal Protection Clauses by demanding that he take down his banners while allowing other teachers to display religious symbols in their classrooms. The Court concluded that though these other symbols contained religious content, they did not have the purpose of endorsing a particular religion or stigmatizing those who did not follow this religion. As such, the school district's action in allowing the display of other religious symbols did not have the effect of favoring a certain religion in contravention of the Establishment Clause. On the plaintiff's Equal Protection claim, the Court held that because the plaintiff had no individual right to speak for the government, he could not have suffered an equal protection violation in being forced to take down his banners from government property. The docket has not been updated since January 12, 2012, and the case is presumed closed. 

Summary Authors

David Priddy (9/28/2011)

Alex Levin (11/26/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12676491/parties/johnson-v-poway-unified-school-district/


Judge(s)

Benitez, Roger T. (California)

Gallo, William V. (California)

Attorney for Plaintiff

LiMandri, Charles Salvatore (California)

Muise, Robert J. (Michigan)

Attorney for Defendant

Carelli, Paul V. IV (California)

Judge(s)

Benitez, Roger T. (California)

Gallo, William V. (California)

Stormes, Nita L. (California)

Tallman, Richard C. (Washington)

show all people

Documents in the Clearinghouse

Document

3:07-cv-00783

Docket

Aug. 3, 2010

Aug. 3, 2010

Docket
17

3:07-cv-00783

First Amended Complaint

Sept. 21, 2007

Sept. 21, 2007

Complaint
25

3:07-cv-00783

Order Denying Motion to Dismiss

Sept. 4, 2008

Sept. 4, 2008

Order/Opinion
55

3:07-cv-00783

Points and Authorities in Support of Defendants' Motion for Summary Judgment

Aug. 14, 2009

Aug. 14, 2009

Pleading / Motion / Brief
43

3:07-cv-00783

Plaintiff's Memorandum of Points and Authorities in Support of Motion for Summary Judgment

Aug. 14, 2009

Aug. 14, 2009

Pleading / Motion / Brief
57

3:07-cv-00783

Defendants' Opposition To Plaintiff Bradley Johnson's Motion For Summary Judgment

Sept. 28, 2009

Sept. 28, 2009

Pleading / Motion / Brief
56

3:07-cv-00783

Plaintiff's Memorandum Of Points And Authorities In Opposition To Defendants' Motion For Summary Judgment

Sept. 28, 2009

Sept. 28, 2009

Pleading / Motion / Brief
60

3:07-cv-00783

Defendants' Reply To Plaintiff's Opposition To Motion For Summary Judgment

Oct. 19, 2009

Oct. 19, 2009

Pleading / Motion / Brief

3:07-cv-00783

Plaintiff's Reply Memorandum In Support Of Motion For Summary Judgment

Oct. 19, 2009

Oct. 19, 2009

Pleading / Motion / Brief
66

3:07-cv-00783

Opinion

Feb. 25, 2010

Feb. 25, 2010

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12676491/johnson-v-poway-unified-school-district/

Last updated March 14, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Donald A Phillips, Dawn Kastner, William R Chiment, Poway Unified School District, Jeff Mangum, Linda Vanderveen, Andrew Patapow, Todd Gutschow, Penny Ranftle (Filing fee $ 350, Receipt #137674), filed by Bradley Johnson.(pdc)(bar). Modified on 5/2/2007 to add defendant Chiment(pdc). (Entered: 05/01/2007)

April 30, 2007

April 30, 2007

PACER
2

Summons Issued (joeh, ) (Entered: 05/03/2007)

May 1, 2007

May 1, 2007

PACER
3

PRO HAC VICE APPOINTED: Charles Salvatore LiMandri, Robert J Muise appearing for Plaintiff Bradley Johnson (joeh, ) (Entered: 05/03/2007)

May 1, 2007

May 1, 2007

PACER
4

WAIVER OF SERVICE Returned Executed by Bradley Johnson. Poway Unified School District waiver sent on 6/1/2007, answer due 7/31/2007. (Muise, Robert) (Entered: 07/02/2007)

July 2, 2007

July 2, 2007

PACER
5

WAIVER OF SERVICE Returned Executed by Bradley Johnson. Jeff Mangum waiver sent on 6/1/2007, answer due 7/31/2007. (Muise, Robert) (Entered: 07/02/2007)

July 2, 2007

July 2, 2007

Clearinghouse
6

WAIVER OF SERVICE Returned Executed by Bradley Johnson. Linda Vanderveen waiver sent on 6/1/2007, answer due 7/31/2007. (Muise, Robert) (Entered: 07/02/2007)

July 2, 2007

July 2, 2007

PACER
7

WAIVER OF SERVICE Returned Executed by Bradley Johnson. Andrew Patapow waiver sent on 6/1/2007, answer due 7/31/2007. (Muise, Robert) (Entered: 07/02/2007)

July 2, 2007

July 2, 2007

PACER
8

WAIVER OF SERVICE Returned Executed by Bradley Johnson. Todd Gutschow waiver sent on 6/1/2007, answer due 7/31/2007. (Muise, Robert) (Entered: 07/02/2007)

July 2, 2007

July 2, 2007

PACER
9

WAIVER OF SERVICE Returned Executed by Bradley Johnson. Penny Ranftle waiver sent on 6/1/2007, answer due 7/31/2007. (Muise, Robert) (Entered: 07/02/2007)

July 2, 2007

July 2, 2007

PACER
10

WAIVER OF SERVICE Returned Executed by Bradley Johnson. Donald A Phillips waiver sent on 6/1/2007, answer due 7/31/2007. (Muise, Robert) (Entered: 07/02/2007)

July 2, 2007

July 2, 2007

PACER
11

WAIVER OF SERVICE Returned Executed by Bradley Johnson. William R Chiment waiver sent on 6/1/2007, answer due 7/31/2007. (Muise, Robert) (Entered: 07/02/2007)

July 2, 2007

July 2, 2007

PACER
12

WAIVER OF SERVICE Returned Executed by Bradley Johnson. Dawn Kastner waiver sent on 6/1/2007, answer due 7/31/2007. (Muise, Robert) (Entered: 07/02/2007)

July 2, 2007

July 2, 2007

PACER
13

Joint MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by Donald A Phillips, Dawn Kastner, Poway Unified School District, Jeff Mangum, Linda Vanderveen, Andrew Patapow, Penny Ranftle. (Attachments: # 1 Proof of Service)(Carelli, Paul) (Entered: 07/26/2007)

July 26, 2007

July 26, 2007

PACER
14

ORDER, the Court grants 13 Joint MOTION and extends time for Dft's to answer or otherwise respond to complaint to 08/21/07. Signed by Judge Roger T. Benitez on 07/27/07. (joeh) Modified on 8/23/2007 edit text(joeh, ). (Entered: 07/27/2007)

July 27, 2007

July 27, 2007

PACER
15

MOTION to Dismiss Complaint [FRCP 12(b)(1), 12(b)(6); 12(f)] by Donald A Phillips, Dawn Kastner, Poway Unified School District, Jeff Mangum, Linda Vanderveen, Andrew Patapow, Penny Ranftle. (Attachments: # 1 Memo of Points and Authorities Points & Authorities in Support of Defendants' Motion to Dismiss Complaint# 2 Request for Judicial Notice Defendants' request for Judicial Notice of Documents in Support Motion to Dismiss Complaint# 3 Proof of Service)(Carelli, Paul) (Entered: 08/21/2007)

Aug. 21, 2007

Aug. 21, 2007

PACER
16

NOTICE by Bradley Johnson of Filing First Amended Complaint (Muise, Robert)(joeh, ). (Entered: 09/21/2007)

Sept. 21, 2007

Sept. 21, 2007

PACER
17

AMENDED COMPLAINT against all defendants, filed by Bradley Johnson. (Attachments: # 1 Proof of Service)(Muise, Robert)(joeh, ). (Entered: 09/21/2007)

Sept. 21, 2007

Sept. 21, 2007

Clearinghouse
18

MOTION to Dismiss Complaint [FRCP 12(b)(1), 12(b)(6); 12(f)] by Donald A Phillips, Dawn Kastner, William R Chiment, Poway Unified School District, Jeff Mangum, Linda Vanderveen, Andrew Patapow, Todd Gutschow, Penny Ranftle. (Attachments: # 1 Memo of Points and Authorities Points and Authorities in Support of Defendants' Motion to Dismiss First Amended Complaint# 2 Request for Judicial Notice Defendants' Request for Judicial Notice of Documents in Support of Motion to Dismiss First Amended Complaint# 3 Proof of Service)(Carelli, Paul) (mkz). (Entered: 10/05/2007)

Oct. 5, 2007

Oct. 5, 2007

PACER
19

NOTICE OF WITHDRAWAL OF DOCUMENT by Donald A Phillips, Dawn Kastner, William R Chiment, Poway Unified School District, Jeff Mangum, Linda Vanderveen, Andrew Patapow, Todd Gutschow, Penny Ranftle Defendants' Ex Parte Application to Withdraw Motion to Dismiss (Docket #15) Scheduled for October 15, 2007. (Attachments: # 1 Proof of Service)(Carelli, Paul) Modified on 10/9/2007, atty contacted, motion filed, see doc. 20 (mkz). (Entered: 10/05/2007)

Oct. 5, 2007

Oct. 5, 2007

PACER
20

Ex Parte MOTION to Withdraw 15 MOTION to Dismiss Complaint [FRCP 12(b)(1), 12(b)(6); 12(f)] MOTION to Dismiss Complaint [FRCP 12(b)(1), 12(b)(6); 12(f)], filed to reflect doc. 19, by Donald A Phillips, Dawn Kastner, William R Chiment, Poway Unified School District, Jeff Mangum, Linda Vanderveen, Andrew Patapow, Todd Gutschow, Penny Ranftle. (mkz)(mam). (Entered: 10/09/2007)

Oct. 5, 2007

Oct. 5, 2007

PACER
21

RESPONSE in Opposition re 18 MOTION to Dismiss Complaint [FRCP 12(b)(1), 12(b)(6); 12(f)] MOTION to Dismiss Complaint [FRCP 12(b)(1), 12(b)(6); 12(f)] MOTION to Dismiss Complaint [FRCP 12(b)(1), 12(b)(6); 12(f)] filed by Bradley Johnson. (Attachments: # 1 Plaintiff's Opposition to Request for Judicial Notice# 2 Proof of Service)(Muise, Robert)(joeh, ). (Entered: 11/09/2007)

Nov. 9, 2007

Nov. 9, 2007

PACER
22

MINUTE ORDER issued by the Honorable Roger T. Benitez granting [20-1] Motion to Withdraw Motion to Dismiss {15-1]; withdrawing [15-1] Motion to Dismiss. (gxr) (Entered: 11/15/2007)

Nov. 15, 2007

Nov. 15, 2007

PACER
23

MINUTE ORDER issued by the Honorable Roger T. Benitez submitting [18-1] Motion to Dismiss. Motion Hearing date of 11/26/2007 10:30AM is hereby vacated. (gxr) (Entered: 11/15/2007)

Nov. 15, 2007

Nov. 15, 2007

PACER
24

REPLY re 18 MOTION to Dismiss Complaint [FRCP 12(b)(1), 12(b)(6); 12(f)] MOTION to Dismiss Complaint [FRCP 12(b)(1), 12(b)(6); 12(f)] MOTION to Dismiss Complaint [FRCP 12(b)(1), 12(b)(6); 12(f)] Defendants' Reply to Plaintiff's Opposition to Motion to Dismiss First Amended Complaint filed by Donald A Phillips, Dawn Kastner, Poway Unified School District, Jeff Mangum, Linda Vanderveen, Andrew Patapow, Penny Ranftle. (Attachments: # 1 Proof of Service)(Carelli, Paul) (Entered: 11/15/2007)

Nov. 15, 2007

Nov. 15, 2007

PACER
25

ORDER denying 18 Motion to Dismiss Complaint. Signed by Judge Roger T. Benitez on 9/4/08. (asw) (kaj). (Entered: 09/05/2008)

Sept. 4, 2008

Sept. 4, 2008

Clearinghouse
26

DEFENDANTS' ANSWER to 17 Amended Complaint by Donald A Phillips, Dawn Kastner, William R Chiment, Poway Unified School District, Jeff Mangum, Linda Vanderveen, Andrew Patapow, Todd Gutschow, Penny Ranftle. (Attachments: # 1 Proof of Service)(Carelli, Paul) (asw). (Entered: 09/19/2008)

Sept. 19, 2008

Sept. 19, 2008

PACER
27

Notice and ORDER for Early Neutral Evaluation Conference: An Early Neutral Evaluation will be held on 12/9/08, at 2:00 PM before Magistrate Judge Leo S. Papas. Signed by Magistrate Judge Leo S. Papas on 9/22/08. (asw) (av1). (Entered: 09/22/2008)

Sept. 22, 2008

Sept. 22, 2008

PACER
28

Minute ORDER: The Early Neutral Evaluation Conference on 12/9/08 is vacated and reset for 12/15/08 at 2:00 PM. Signed by Magistrate Judge Leo S. Papas on 10/14/08. (asw) (av1). (Entered: 10/14/2008)

Oct. 14, 2008

Oct. 14, 2008

PACER
29

Minute ORDER: The Early Neutral Evaluation Conference on 12/15/08 is vacated and reset for 12/19/08 at 10:00 AM. Signed by Magistrate Judge Leo S. Papas on 10/30/08. (asw) (kaj). (Entered: 10/30/2008)

Oct. 30, 2008

Oct. 30, 2008

PACER
30

ORDER Following ENE. ENE Conference was held on 12/19/2008. Rule 26(f) Conference shall be completed by 1/12/2009. Discovery Plan shall be lodged w/ Chambers by 1/22/2009. Case Management Conference set for 1/27/2009 08:30 AM in Courtroom G before Magistrate Judge Leo S. Papas. Signed by Magistrate Judge Leo S. Papas on 12/19/2008. (jah) (Entered: 12/19/2008)

Dec. 19, 2008

Dec. 19, 2008

PACER
31

Minute Entry for proceedings held before Magistrate Judge Leo S. Papas:Early Neutral Evaluation Conference held on 12/19/2008(jmy) (Entered: 12/19/2008)

Dec. 19, 2008

Dec. 19, 2008

PACER
32

SCHEDULING ORDER:Case Management Conference set for 1/27/09 at 8:30am is vacated. Mandatory Settlement Conference set for 4/28/2009 02:00 PM in Courtroom G before Magistrate Judge Leo S. Papas. Final Pretrial Conference set for 11/9/2009 10:30 AM in Courtroom 03 before Judge Roger T. Benitez. Memorandum of Contentions of Fact and Law due by 10/19/2009. Proposed Pretrial Order due by 11/2/2009. Signed by Magistrate Judge Leo S. Papas on 12/24/08. (kaj) (Entered: 12/24/2008)

Dec. 24, 2008

Dec. 24, 2008

PACER
33

Minute ORDER. The date and time of the Settlement Conference on April 28, 2009 at 2:00 PM is vacated and reset for May 6, 2009 at 9:00 AM. Signed by Magistrate Judge Leo S. Papas on 2/26/09. (asw) (kaj). (Entered: 02/26/2009)

Feb. 26, 2009

Feb. 26, 2009

PACER
34

Minute Order for proceedings held before Magistrate Judge Leo S. Papas:Discovery Conference held on 3/26/2009. Defendants counsel shall arrange for Plaintiffs counsel to have access to three high schools for site inspections. Counsel shall submit an Order regarding the protocol of the site inspections and the details thereof. (Plaintiff Attorney Robert Muse).(Defendant Attorney Paul Carelli). Signed by Magistrate Judge Leo S. Papas on 3/26/09.(asw) (kaj). (Entered: 03/27/2009)

March 27, 2009

March 27, 2009

PACER
35

ORDER Regarding Site Inspection. Signed by Magistrate Judge Leo S. Papas on 4/2/09. (asw) (kaj). (Entered: 04/02/2009)

April 2, 2009

April 2, 2009

PACER
36

Minute ORDER: The date and time of the Settlement Conference on May 6, 2009 at9:00 AM is vacated and reset for June 1, 2009 at 2:00 PM. Signed by Magistrate Judge Leo S. Papas on 4/16/09. (asw) (Entered: 04/16/2009)

April 16, 2009

April 16, 2009

PACER
37

Minute Entry for proceedings held before Magistrate Judge Leo S. Papas: Settlement Conference held on 6/1/2009 (Plaintiff Attorney Robert Muise). (Defendant Attorney Jack Sleeth). (asw) (jrl). (Entered: 06/02/2009)

June 1, 2009

June 1, 2009

PACER
38

Amended Case Management Conference Order Regulating Discovery and Other Pretrial Proceedings: The Case Management Conference Order dated 12/24/08 is hereby amended. Final Pretrial Conference set for 12/7/2009 10:30 AM before Judge Roger T. Benitez. Memorandum of Contentions of Fact and Law due by 11/16/2009. Proposed Pretrial Order due by 11/30/2009. Signed by Magistrate Judge Leo S. Papas on 6/1/09. (asw) (jrl). (Entered: 06/02/2009)

June 1, 2009

June 1, 2009

PACER
39

Transfer ORDER: IT IS HEREBY ORDERED that the following case is transferred from the calendar of the Honorable Leo S. Papas, to the calendar of the Honorable Nita L. Stormes for all further proceedings. All conference or hearing dates set before Magistrate Judge Papas are vacated and will be rescheduled before Magistrate Judge Stormes. Any dates set before any district judge remain unchanged. The new case number is 07cv783-BEN (NLS). Signed by Magistrate Judge Leo S. Papas on 7/1/09. (asw) (jrl). (Entered: 07/02/2009)

July 1, 2009

July 1, 2009

PACER
40

ORDER Setting Telephonic Status Conference: Status Conference set for 7/29/2009 at 10:30 AM before Magistrate Judge Nita L. Stormes. Signed by Magistrate Judge Nita L. Stormes on 7/9/09. (asw) (jrl). (Entered: 07/09/2009)

July 9, 2009

July 9, 2009

PACER
41

Minute Entry for proceedings held before Magistrate Judge Nita L. Stormes: Status Conference held on 7/29/2009. (Plaintiff Attorney Robert Miuse). (Defendant Attorney Paul Carelli). Order to issue. (ecp) (Entered: 07/29/2009)

July 29, 2009

July 29, 2009

PACER
42

ORDER Setting Briefing Dates for Cross Summary Judgment Motions and Resetting Pretrial Dates: The court held a status conference on 7/29/09. The parties shall file any cross motions for summary judgment by 8/14/09, Oppositions to cross motions by 9/28/09 and replies by 10/19/09. The hearing for the cross motions for summary judgment shall be SET on the calendar of Judge Benitez for 11/16/09 at 10:30 AM. The final pretrial conference currently set for 12/7/09 is VACATED and RESET for 4/5/2010 10:30 AM before Judge Roger T. Benitez. Memorandum of Contentions of Fact and Law due by 3/15/2010. Proposed Pretrial Order due by 3/29/2010. All non-conflicting provisions of the courts Amended Case Management Conference Order Regulating Discovery and Other Pretrial Proceedings dated 6/1/09 shall remain in full force and effect. Signed by Magistrate Judge Nita L. Stormes on 7/29/09. (asw)(jrl). (Entered: 07/29/2009)

July 29, 2009

July 29, 2009

PACER
43

MOTION for Summary Judgment by Bradley Johnson. (Attachments: # 1 Memo of Points and Authorities, # 2 Statement of Facts, # 3 Proof of Service)(Muise, Robert)(asw). (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

Clearinghouse
44

NOTICE Regarding Exhibit Attachment by Bradley Johnson re 43 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1 (Ex A part 1), # 2 Exhibit 1 (Ex A part 2), # 3 Exhibit 1 (Ex A part 3), # 4 Exhibit 1 (Ex A part 4), # 5 Exhibit 1 (Ex A part 5))(Muise, Robert)(asw). (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

PACER
45

NOTICE Regarding Exhibit Attachment by Bradley Johnson re 43 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1 (Ex A), # 2 Exhibit 1 (Ex A), # 3 Exhibit 1 (Ex A), # 4 Exhibit 1 (Ex A))(Muise, Robert)(asw). (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

PACER
46

NOTICE Regarding Exhibit Attachment by Bradley Johnson re 43 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1 (Ex A), # 2 Exhibit 1 (Ex A), # 3 Exhibit 1 (Ex A), # 4 Exhibit 1 (Ex A))(Muise, Robert)(asw). (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

PACER
47

NOTICE Regarding Exhibit Attachment by Bradley Johnson re 43 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1 (Ex A), # 2 Exhibit 1 (Ex A), # 3 Exhibit 1 (Ex A), # 4 Exhibit 1 (Ex A))(Muise, Robert)(asw). (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

PACER
48

NOTICE Regarding Exhibit Attachment by Bradley Johnson re 43 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1 (Ex A), # 2 Exhibit 1 (Ex A), # 3 Exhibit 1 (Ex A), # 4 Exhibit 1 (Ex A))(Muise, Robert)(asw). (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

PACER
49

NOTICE Regarding Exhibit Attachment by Bradley Johnson re 43 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1 (Ex A), # 2 Exhibit 1 (Ex A), # 3 Exhibit 1 (Ex A), # 4 Exhibit 1 (Ex A))(Muise, Robert)(asw). (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

PACER
50

NOTICE Regarding Exhibit Attachment by Bradley Johnson re 43 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1 (Ex A), # 2 Exhibit 1 (Ex A), # 3 Exhibit 1 (Ex A), # 4 Exhibit 1 (Ex A))(Muise, Robert) (asw). (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

PACER
51

NOTICE Regarding Exhibit Attachment by Bradley Johnson re 43 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1 (Ex A), # 2 Exhibit 1 (Ex A), # 3 Exhibit 1 (Ex A), # 4 Exhibit 1 (Ex A))(Muise, Robert)(asw). (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

PACER
52

NOTICE Regarding Exhibit Attachment by Bradley Johnson re 43 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1 (Ex A), # 2 Exhibit 1 (Ex B), # 3 Exhibit 1 (Ex B), # 4 Exhibit 1 (Ex B), # 5 Exhibit 1 (Ex B))(Muise, Robert)(asw). (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

PACER
53

NOTICE Regarding Exhibit Attachment by Bradley Johnson re 43 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1 (Ex C), # 2 Exhibit 1 (Ex C))(Muise, Robert)(asw). (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

PACER
54

NOTICE Regarding Exhibit Attachment by Bradley Johnson re 43 MOTION for Summary Judgment (Attachments: # 1 Exhibit 3 (Deposition Excerpts for William Chiment), # 2 Exhibit 4 (Deposition Excerpts for Dawn Kastner), # 3 Exhibit 5 (Deposition Exceprts for Lori Brickley))(Muise, Robert)(asw). (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

PACER
55

MOTION for Summary Judgment by Donald A Phillips, Dawn Kastner, William R Chiment, Poway Unified School District, Jeff Mangum, Linda Vanderveen, Andrew Patapow, Todd Gutschow, Penny Ranftle. (Attachments: # 1 Memo of Points and Authorities Points and Aughorities in Support of Defendants' Motion for Summary Judgment, # 2 Statement of Facts Separate Statement of Undisputed Material Facts, # 3 Exhibit Defendants' Exhibit List, # 4Exhibits A-F, # 5 Exhibit G-L, # 6 Declaration of Steven Salvati, # 7 Declaration of Tina McDowell, # 8 Declaration of Paul V. Carelli IV in Support of Motion for Summary Judgment, # 9 Proof of Service Proof of Service)(Carelli, Paul)(asw). (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

Clearinghouse
56

RESPONSE in Opposition re 55 MOTION for Summary Judgment filed by Bradley Johnson. (Attachments: # 1 Statement of Facts Plaintiff's Response to Defendants' Statement of Undisputed Material Facts, # 2 Exhibit - 1 Declaration of Bradley Johnson (with Table of Contents), # 3 Exhibit -2 Deposition Excerpts of Lori Brickley, # 4 Certificate of Service)(Muise, Robert)(asw). (Entered: 09/28/2009)

Sept. 28, 2009

Sept. 28, 2009

Clearinghouse
57

RESPONSE in Opposition re 43 MOTION for Summary Judgment filed by Donald A Phillips, Dawn Kastner, William R Chiment, Poway Unified School District, Jeff Mangum, Linda Vanderveen, Andrew Patapow, Todd Gutschow, Penny Ranftle. (Attachments: # 1 Exhibit Supplemental Exhibit List, # 2 Exhibit Supplemental Exhibits M-O, # 3 Declaration Paul V. Carelli IV, # 4 Statement of Facts Responses and Objections, # 5 Objections to Evidence, # 6 Proof of Service)(Carelli, Paul)(asw). (Entered: 09/28/2009)

Sept. 28, 2009

Sept. 28, 2009

Clearinghouse
58

REPLY to Response to Motion re 43 MOTION for Summary Judgment filed by Bradley Johnson. (Attachments: # 1 Proof of Service)(Muise, Robert)(asw). (Entered: 10/19/2009)

Oct. 19, 2009

Oct. 19, 2009

PACER
59

TRANSFER ORDER: Magistrate Judge Nita L. Stormes is no longer assigned to the case and Magistrate Judge William V. Gallo is now assigned to the case. The new case number is 07cv0783-BEN(WVG). All hearing dates set before Magistrate Judge Nita L. Stormes, if any, are vacated and will be rescheduled before Magistrate Judge William V. Gallo. Signed by Magistrate Judge Nita L. Stormes on 10/16/09.(kaj) (Entered: 10/19/2009)

Oct. 19, 2009

Oct. 19, 2009

PACER
60

REPLY to Response to Motion re 55 MOTION for Summary Judgment filed by William R Chiment, Todd Gutschow, Dawn Kastner, Jeff Mangum, Andrew Patapow, Donald A Phillips, Poway Unified School District, Penny Ranftle, Linda Vanderveen. (Sleeth, Jack)(asw). (Entered: 10/19/2009)

Oct. 19, 2009

Oct. 19, 2009

Clearinghouse
61

NOTICE of Appearance by Jack M Sleeth, Jr on behalf of William R Chiment, Todd Gutschow, Dawn Kastner, Jeff Mangum, Andrew Patapow, Donald A Phillips, Poway Unified School District, Penny Ranftle, Linda Vanderveen (Sleeth, Jack)(asw). (Entered: 10/19/2009)

Oct. 19, 2009

Oct. 19, 2009

PACER
62

Minute Entry for proceedings held before Judge Roger T. Benitez: Motion Hearing held on 11/16/2009 re: [43-1] MOTION for Summary Judgment filed by Bradley Johnson, [55-1] MOTION for Summary Judgment filed by Andrew Patapow, William R Chiment, Donald A Phillips, Jeff Mangum, Poway Unified School District, Linda Vanderveen, Todd Gutschow, Penny Ranftle, Dawn Kastner. Motions taken under submission. Court to issue Order. The Court also refers any further settlement conferences to Magistrate Judge Anthony J. Battaglia. Counsel to contact Magistrate Judge Battaglia's chambers to schedule any further settlement conferences.(Court Reporter Deborah O'Connell). (Plaintiff Attorney Robert J. Muise). (Defendant Attorney Jack M. Sleeth, Jr., Paul V. Carelli, IV). (gxr) (Entered: 11/17/2009)

Nov. 16, 2009

Nov. 16, 2009

PACER
63

ORDER Setting Settlement Conference: Settlement Conference set for 1/5/2010 10:00 AM before Magistrate Judge Anthony J. Battaglia. Signed by Magistrate Judge Anthony J. Battaglia on 12/16/09.(asw) (jrl). (Entered: 12/16/2009)

Dec. 16, 2009

Dec. 16, 2009

PACER
65

Minute Entry for proceedings held before Magistrate Judge Anthony J. Battaglia: Settlement Conference held on 1/5/2010. Order to follow.(Tape #(n/a)). (ymm) (Entered: 01/06/2010)

Jan. 5, 2010

Jan. 5, 2010

PACER
64

ORDER Following Settlement Conference: On 1/5/10 the court convened a Settlement Conference. Settlement could not be reached in the case. All dates pending before Judge Benitez are herewith confirmed. Signed by Magistrate Judge Anthony J. Battaglia on 1/6/10.(asw) (jrl). (Entered: 01/06/2010)

Jan. 6, 2010

Jan. 6, 2010

PACER
66

ORDER granting Plaintiff's 43 Motion for Summary Judgment; denying Defendants' 55 Motion for Summary Judgment: Plaintiff is entitled to a declaration that Defendants have violated Plaintiffs individual rights, entitled to nominal damages in the amount of $10 per individual Defendant, and an award of reasonable attorneys fees and costs. Defendants are ordered to permit Johnson to immediately re-display, in his assigned classroom, the two banners. Signed by Judge Roger T. Benitez on 2/25/10. (asw) (jcj). (Entered: 02/26/2010)

Feb. 25, 2010

Feb. 25, 2010

Clearinghouse
67

CLERK'S JUDGMENT IT IS SO ORDERED AND ADJUDGED that judgment is in favor of Bradley Johnson against Poway Unified School District, Andrew Patapow, Dawn Kastner, Donald A Phillips, Jeff Mangum, Linda Vanderveen, Penny Ranftle, Todd Gutschow, William R Chiment. Plaintiff's Motion for Summary Judgment granted; Defendants' Motion for Summary Judgment denied: Plaintiff is entitled to a declaration that Defendants have violated Plaintiffs individual rights, entitled to nominal damages in the amount of $10 per individual Defendant, and an award of reasonable attorneys fees and costs. Defendants are ordered to permit Johnson to immediately re-display, in his assigned classroom, the two banners.(asw) (Entered: 02/26/2010)

Feb. 26, 2010

Feb. 26, 2010

PACER
68

BILL OF COSTS submitted by Plaintiff Bradley Johnson in the amount of $ 8,279.86. Hearing set for 3/23/2010 at 10:00AM. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A--Fees of the Clerk, # 3 Exhibit B--Fees of the Court Reporter, # 4 Exhibit C--Fees for Printing Exhibits, # 5 Proof of Service)(Muise, Robert)(asw). (Entered: 03/03/2010)

March 3, 2010

March 3, 2010

PACER
69

NOTICE: A Bill of Costs 68 was filed by plaintiff Bradley Johnson scheduling a hearing for March 23, 2010 at 10:00 am. Any opposition or responsive pleading to this Bill of Costs is to be filed by close of business on Friday, March 19, 2010. All parties requesting to appear telephonically for this hearing are directed to join on a conference call then contact N. Prewitt (619) 557-6415 at the time of the hearing. (nsp) (Entered: 03/03/2010)

March 3, 2010

March 3, 2010

PACER
70

MOTION for Attorney Fees, Costs, and Expenses by Bradley Johnson. (Attachments: # 1 Exhibit 1--Declaration of Attorney Muise, # 2 Exhibit A--Fees, Costs, and Expenses Documentation (part 1 of 2), # 3 Exhibit A--Fees, Costs, and Expenses Documentation (part 2 of 2), # 4 Exhibit 2--Declaration of Attorney LiMandri, # 5 Proof of Service)(Muise, Robert)(asw). (Entered: 03/05/2010)

March 5, 2010

March 5, 2010

PACER
71

NOTICE of Hearing on [70-1] MOTION for Attorney Fees, Costs, and Expenses: Motion Hearing set for 5/10/2010 10:30 AM in Courtroom 03 before Judge Roger T. Benitez. (gxr) (Entered: 03/18/2010)

March 18, 2010

March 18, 2010

PACER
72

Costs Taxed in amount of $8,099.86 against defendants (nsp) (Entered: 03/22/2010)

March 22, 2010

March 22, 2010

PACER
73

NOTICE OF APPEAL t/w Representation Statement as to 67 Clerk's Judgment, by Poway Unified School District, Jeff Mangum, Linda Vanderveen, Andrew Patapow, Todd Gutschow, Penny Ranftle, Donald A Phillips, William R Chiment, Dawn Kastner. (Filing Fee: Paid, Receipt No. CAS011491). (Notice of Appeal electronically transmitted to US Court of Appeals.) (akr) (Entered: 03/25/2010)

March 24, 2010

March 24, 2010

PACER
74

USCA Case Number 10-55445 for 73 Notice of Appeal, filed by Poway Unified School District, Jeff Mangum, Linda Vanderveen, Andrew Patapow, Todd Gutschow, Penny Ranftle, Donald A Phillips, William R Chiment, Dawn Kastner. (akr) (Entered: 03/25/2010)

March 25, 2010

March 25, 2010

PACER
75

USCA Time Schedule Order as to 73 Notice of Appeal. (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court, provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 4/23/2010 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 5/24/2010.) (cc: Court Reporter). (akr) (Entered: 03/25/2010)

March 25, 2010

March 25, 2010

PACER
76

RESPONSE in Opposition re 70 MOTION for Attorney Fees, Costs, and Expenses filed by William R Chiment, Todd Gutschow, Dawn Kastner, Jeff Mangum, Andrew Patapow, Donald A Phillips, Poway Unified School District, Penny Ranftle, Linda Vanderveen. (Attachments: # 1 Declaration of Paul V. Carelli IV in Support, # 2 Exhibit A to Declaration of Paul V. Carelli IV, # 3 Proof of Service)(Carelli, Paul) (knh). (Entered: 04/26/2010)

April 26, 2010

April 26, 2010

PACER
77

REPLY to Response to Motion re 70 MOTION for Attorney Fees, Costs, and Expenses filed by Bradley Johnson. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1--Supplemental Declaration of Attorney Muise, # 3 Proof of Service)(Muise, Robert) (knh). (Entered: 04/29/2010)

April 29, 2010

April 29, 2010

PACER
78

Minute Order issued by the Honorable Roger T. Benitez: Submitting 70 MOTION for Attorney Fees, Costs, and Expenses. Court to issue Order. Motion Hearing date of 5/10/2010 10:30AM is hereby vacated. (gxr) (Entered: 05/05/2010)

May 5, 2010

May 5, 2010

PACER
79

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion Hearing) held on 11/16/2009, before Judge Roger T. Benitez. Court Reporter/Transcriber: Deborah M. O'Connell. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/3/2010. Redacted Transcript Deadline set for 6/14/2010. Release of Transcript Restriction set for 8/11/2010. (akr) (Entered: 05/14/2010)

May 13, 2010

May 13, 2010

PACER
80

ORDER Staying 70 MOTION for Attorney Fees, Costs, and Expenses filed by Bradley Johnson: The motion is stayed pending appeal of the underlying decision in Ninth Circuit Case No. 10-55445. Signed by Judge Roger T. Benitez on 8/2/10.(lmt) (mam). (Entered: 08/03/2010)

Aug. 3, 2010

Aug. 3, 2010

PACER
81

ORDER of USCA as to 73 Notice of Appeal, filed by Andrew Patapow, William R Chiment, Donald A Phillips, Jeff Mangum, Poway Unified School District, Linda Vanderveen, Todd Gutschow, Penny Ranftle, Dawn Kastner. The petition for panel rehearing and the petition for rehearing en banc are denied. (akr) (Entered: 10/21/2011)

Oct. 21, 2011

Oct. 21, 2011

PACER
82

NOTICE of Spreading the Mandate: Appeal Mandate Hearing set for 12/5/2011 10:30 AM in Courtroom 03 before Judge Roger T. Benitez. (gxr) (Entered: 11/01/2011)

Nov. 1, 2011

Nov. 1, 2011

PACER
83

Notice of Document Discrepancies by Judge Roger T. Benitez Rejecting Document: Letter from Paul A. Mitchell. Non-compliance with local rule(s), OTHER: filer not a party to the case. IT IS HEREBY ORDERED: The document is NOT to be filed, but instead REJECTED and it is ORDERED that the Clerk serve a copy of this order on all parties. Counsel is advised that any further failure to comply with the Local Rules may lead to penalties pursuant to Local Rule 83.1., Rejected document was returned to the filer. Signed by Judge Roger T. Benitez on 11/5/2011.(All non-registered users served via U.S. Mail Service)(knb) (Entered: 11/07/2011)

Nov. 7, 2011

Nov. 7, 2011

PACER
84

Notice of Document Discrepancies by Judge Roger T. Benitez Rejecting Document: letter from Paul A. Mitchell. Non-compliance with local rule(s), OTHER: filer not a party to the case. IT IS HEREBY ORDERED: The document is NOT to be filed, but instead REJECTED and it is ORDERED that the Clerk serve a copy of this order on all parties. Counsel is advised that any further failure to comply with the Local Rules may lead to penalties pursuant to Local Rule 83.1., Rejected document was returned to the filer. Signed by Judge Roger T. Benitez on 11/17/2011.(knb) (Entered: 11/21/2011)

Nov. 18, 2011

Nov. 18, 2011

PACER
85

NOTICE of Spreading the Mandate: Appeal Mandate Hearing reset for 12/12/2011 10:30 AM in Courtroom 03 before Judge Roger T. Benitez. (gxr) (Entered: 12/06/2011)

Dec. 6, 2011

Dec. 6, 2011

PACER
86

Minute Order. for proceedings held before Judge Roger T. Benitez: Appeal Mandate Hearing held on 12/12/2011. All parties appearing telephonically. Finding as moot 70 Motion for Attorney Fees, Costs, and Expenses. Court orders Mandate spread and filed with the Clerk's Office. (Court Reporter Juliet Eichenlaub).(Plaintiff Attorney Robert J. Muise).(Defendant Attorney Paul Vincent Carelli IV). (gxr) Modified on 12/12/2011 to correct Court Reporter's name (gxr). (Entered: 12/12/2011)

Dec. 12, 2011

Dec. 12, 2011

PACER
87

MANDATE of USCA reversing and remanding with instructions as to 73 Notice of Appeal, filed by Andrew Patapow, William R Chiment, Donald A Phillips, Jeff Mangum, Poway Unified School District, Linda Vanderveen, Todd Gutschow, Penny Ranftle, Dawn Kastner. (akr) (Entered: 12/12/2011)

Dec. 12, 2011

Dec. 12, 2011

PACER
88

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Appeal Mandate Hearing) held on 12/12/2011, before Judge Roger T. Benitez. Court Reporter/Transcriber: Juliet Y. Eichenlaub. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 2/2/2012. Redacted Transcript Deadline set for 2/13/2012. Release of Transcript Restriction set for 4/11/2012. (akr) (Entered: 01/12/2012)

Jan. 12, 2012

Jan. 12, 2012

PACER

Case Details

State / Territory: California

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 30, 2007

Closing Date: Jan. 12, 2012

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

High school math teacher who was ordered by the school district to take down religious banners from his classroom walls.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Poway Unified School District (Poway, San Diego), School District

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Establishment Clause

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Discrimination-basis:

Religion discrimination