Morgan v. Plano Independent School Dist., 2007 WL 1030633(E.D.Tex. Mar 22, 2007) (NO. 404CV447)
Morgan v. Plano Independent School Dist., 2007 WL 1030833(E.D.Tex. Mar 22, 2007) (NO. 404CV447)
Judge: Richard Schell/Don Bush
Holding: Motions to Dismiss DENIED
Plaintiffs alleged that during the winter break party in December of 2001, Michaela Wade was permitted to pass out gifts to her classmates that contained secular messages, such as snowmen or snowflakes, but that she was prohibited from distributing pencils with “Jesus is the Reason for the Season” affixed to them. Plaintiffs further allege that school officials and teachers were instructed by PISD to censor all religious material from the winter break parties in December of 2001.
Defendants' motion to dismiss (in WL '633) involved claims relating to: (1) the Wades' claims relating to the December 2001 parties; (2) the Wades' claims relating to the December 2002 parties; (3) all Plaintiffs' claims for intentional infliction of emotional distress; (4) the Vershers' claims relating to declaratory relief, injunctive relief and future damages; and (5) Plaintiffs' claims relating to the December 2004 winter parties. The magistrate judge recommended denying the defendants' motion to dismiss, and Judge Schell adopted the report. In the WL '833 case the magistrate judge recommended, and Judge Schell agreed, that Defendants' Motion to Dismiss one of the plaintiff's claims should be denied.