HTownAg98 said:
CBN is a little slow on the uptake, as this lawsuit was filed in November 2020. It looks like the case either has settled or will be settled shortly. All of the documents are on PACER if anyone wants to pay to download them and see what the terms of the settlement are. But yes, this was an incredibly dumb policy, and a case with such a similar fact pattern as Tinker v. Des Moines that the school district was bound to lose.
Apparently the case "settled" in January 2021.
The salient terms were that 1) the school district would send a letter retracting a prior letter of the superintendent; 2) L.B. (the minor) could wear her mask; and 3) the school district would pay $5,000 in attorneys' fees to Plaintiffs.
However on March 3, 2021, Defendants filed a Motion to Enforce the Settlement (Dkt. 32).
The gripe is over a mutual release which Defendants claim was not brought up in the email chain where the parties agreed to the settlement terms, or in the initial draft of the settlement documents which were drafted by Plaintiffs and sent to Defendants, and which only had a release of Defendants.
Once Plaintiffs' counsel realized the mistake they revised the settlement to include a mutual release, which Defendants refused to sign, claiming that they had no intention of releasing their claims. No counterclaims have been filed by Defendants, and they do not say what those claims might be.
Kind of chicken**** by Defendants. Plaintiffs proceeded to move forward with discovery (which has the added benefit of bolstering that attorneys' fees number), and Defendants moved to stay (which was granted) while the Court considers the pending motion seeking enforcement of the settlement agreement.
It's a pretty funny posture. Defendants know they have a losing case, but found an angle to try to stick it to Plaintiffs. Plaintiffs know they have a winning case, but Alliance Defending Freedom and its counsel may have slipped up in the manner in which it settled, possibly leaving the parents open to claims by the school administrators sued individually and the administrative entities.
No. 3:20-cv-00704 in the Southern District of Mississippi if anyone else wants to follow on PACER. It took a little digging to track the case down.