school use of the District’s facilities, and has effectively been excluded, due tocost, from the entire District since the beginning of the 2012-2013 school year.6.In depriving Plaintiff access on equal terms, the District applied its Policy inan unconstitutional manner, thereby violating the free speech, free exercise, due process, and equal protection clauses of the First and Fourteenth Amendments tothe United States Constitution.
II.JURISDICTION AND VENUE
7.This action arises under the United States Constitution, particularly the Firstand the Fourteenth Amendments, and, under federal law, particularly 28 U.S.C.§§2201-02, 42 U.S.C. §§1983 and 1988.8.This Court possesses original jurisdiction over Plaintiff’s claims byoperation of 28 U.S.C. §§1331 and 1343.9.This Court is vested with authority to issue the requested declaratory relief under 28 U.S.C. 2201-02, and pursuant to Rule 57 of the Federal Rules of CivilProcedure.10.This Court has authority to award the requested injunctive relief under Rule65 of the Federal Rules of Civil Procedure and 28 U.S.C. §1343(3).11.This Court is authorized to award nominal damages under 28 U.S.C. §1343(4).12.This Court is authorized to award attorneys’ fees under 42 U.S.C. § 1988.
Case 1:13-cv-00330-CCC Document 1 Filed 02/08/13 Page 3 of 27