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Fenger Students vs. Chicago Public Schools

Fenger Students vs. Chicago Public Schools

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Published by John Kugler
This is an action for injunctive, declaratory and equitable relief.1 Plaintiffs, school-age
children\teenagers, each allege that they have been deprived of their [Constitutionally protected]
property right to a public education without Due Process of law, in violation of the 14th Amendment
of the United States Constitution. The plaintiffs’ contend that since the death of Derrion Albert on
September 24, 2009, they have been constructively barred from their public high school (Fenger), because they have been unable to attend classes, as Fenger Public High School is too dangerous;
and that school administrators and school security are unable and unwilling to provide a public
education for plaintiffs or to insure the safety of plaintiffs from violent, physical attacks on school
grounds. Derrion’s video recorded death prompted the latest round of violence at Fenger H.S. that
has not ceased since the afternoon that 16 year-old Derrion was savagely beaten to death with
nail-spiked railroad boards as he left Fenger H.S. Plaintiffs state that they fear for their lives and
that school officials have refused to allow plaintiffs promised transfers from the Fenger High to
other public high schools.
This is an action for injunctive, declaratory and equitable relief.1 Plaintiffs, school-age
children\teenagers, each allege that they have been deprived of their [Constitutionally protected]
property right to a public education without Due Process of law, in violation of the 14th Amendment
of the United States Constitution. The plaintiffs’ contend that since the death of Derrion Albert on
September 24, 2009, they have been constructively barred from their public high school (Fenger), because they have been unable to attend classes, as Fenger Public High School is too dangerous;
and that school administrators and school security are unable and unwilling to provide a public
education for plaintiffs or to insure the safety of plaintiffs from violent, physical attacks on school
grounds. Derrion’s video recorded death prompted the latest round of violence at Fenger H.S. that
has not ceased since the afternoon that 16 year-old Derrion was savagely beaten to death with
nail-spiked railroad boards as he left Fenger H.S. Plaintiffs state that they fear for their lives and
that school officials have refused to allow plaintiffs promised transfers from the Fenger High to
other public high schools.

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Published by: John Kugler on Apr 11, 2010
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10/03/2013

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 1
 
IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF ILLINOISEASTERN DIVISIONKENYATTA B., by and through her )next friend, Kenya Atkins; CHARLES ) Civil Action: 09cv7068R. by and through his next friend ) Judge Robert W. GettlemanCassandra White-Robinson; ) Mag. Judge
Geraldine Soat-Brown
 MALCOLM R. by and through )his next friend Cassandra White-Robinson; )KERMINIA W. by and through )her next friend Penelope Wellington; )DEANDREW C. by and through his next )friend, Laura Alexander; )BRIANNA R. by and through )her next friend Adrienne Weston; )DOMINIK J. by and through his )next friend Donna Jackson; KERMITON )W. by and through his next friend )Penelope Wellington; ALEX S., by and )through his next friend Joanne White; )ALTON S., by and through his next )friend Joanne White; )KERMIRIA WELLINGTON )PLAINTIFFS, )v. )CHICAGO PUBLIC SCHOOLS, )CHICAGO BOARD OF EDUCATION )MICHAEL SCOTT, Indiv. & Prof. Capacities )DEFENDANTS. )FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND EQUITTABLERELIEF
NATURE OF THE COMPLAINTThis is an action for injunctive, declaratory and equitable relief.
1
Plaintiffs, school-agechildren\teenagers, each allege that they have been deprived of their [Constitutionally protected]property right to a public education without Due Process of law, in violation of the 14
th
Amendmentof the United States Constitution. The plaintiffs’ contend that since the death of Derrion Albert onSeptember 24, 2009, they have been constructively barred from their public high school (Fenger),
1
It is intended that a Motion for Injunctive Relief (with one or more affidavits attached) willfollow the filing of this complaint.
 
 2
because they have been unable to attend classes, as Fenger Public High School is too dangerous;and that school administrators and school security are unable and unwilling to provide a publiceducation for plaintiffs or to insure the safety of plaintiffs from violent, physical attacks on schoolgrounds. Derrion’s video recorded death prompted the latest round of violence at Fenger H.S. thathas not ceased since the afternoon that 16 year-old Derrion was savagely beaten to death withnail-spiked railroad boards as he left Fenger H.S. Plaintiffs state that they fear for their lives andthat school officials have refused to allow plaintiffs promised transfers from the Fenger High toother public high schools.JURISDICTION & VENUEJurisdiction of this court arises under 28 U.S.C. secs. 1331, 1343(a), the 5
th
and 14
th
 Amendments of the United States Constitution and 42 U.S.C. 1983.PARTIES(1)
 
Plaintiff Kenyatta B
., a natural person, is 16 years old and a student at Fenger HighSchool. She resides at 650 East 131
st
Street, Chicago, IL and was a student at Fenger HighSchool during all relevant times of this action.(2)
 
Plaintiff Kermiria Wellington,
a natural person, is 18 years old and a senior atFenger High School. She resides at 132-37 South Langley Street, Chicago, IL and was a studentat Fenger High School during all relevant times of this action.(1)
 
Plaintiff Kermiton W.,
a natural person, is 15 years old is a student at Fenger HighSchool. He resides at 132-37 South Langley Street, Chicago, IL and was a student at Fenger High School during all relevant times of this action.(2)
 
Plaintiff Charles R.,
a natural person, is 15 years old and a student at Fenger HighSchool. He resides at 130-52 South Drexel Avenue, Chicago, IL and was a student at Fenger HighSchool during all relevant times of this action.
 
(3)
 
Plaintiff Malcolm R.,
a natural person, is 16 years old and a student at Fenger HighSchool. He resides at 130-52 South Drexel Avenue, Chicago, IL and was a student at Fenger High School during all relevant times of this action.(4)
 
Plaintiff Michael D
., a natural person, is 16 years old and a student at Fenger HighSchool. He resides in Chicago, IL and was a student at Fenger High School during all relevanttimes of this action.
 
 3
(5)
 
Plaintiff Dominick J
., a natural person, is 15 years old and a student at Fenger HighSchool. He resides at 306 East 131
st
Place, Chicago, IL and was a student at Fenger High Schoolduring all relevant times of this action.
 
(6)
 
Plaintiff Alex S.,
a natural person, is 15 years old and a student at Fenger HighSchool. He resides at 308 East 131
st
Place, Chicago, IL and was a student at Fenger High Schoolduring all relevant times of this action.
 
(7)
 
Plaintiff Alton S
.,
 
a natural person, is 14 years old and a student at Fenger HighSchool. He resides at 308 East 131
st
Place, Chicago, IL and was a student at Fenger High Schoolduring all relevant times of this action.
 
(8)
 
Plaintiff Brianna R
., a natural person, is 15 years old and a student at Fenger HighSchool. She resides at 308 East 131
st
Place, Chicago, IL and was a student at Fenger HighSchool during all relevant times of this action.
 
(9)
 
Next Friend Donna Jackson
is a legal adult and the mother of Plaintiff Dominick J.(10)
 
Next Friend Adrienne Weston
is a legal adult and the mother of Plaintiff Brianna R.(11)
 
Next Friend Joanne White
is a legal adult and the mother of Plaintiffs’
 
Alton and AlexS.(12)
 
Next Friend Laura Alexander 
is a legal adult and the mother of Plaintiff 
 
DeAndrew C.(13)
 
Next Friend Penelope Wellington
is a legal adult and the mother of Plaintiffs’Kermiton W. and Kerminia W.(14)
 
Next Friend Kenya Atkins
is a legal adult and the mother of Plaintiff Kenyatta B.(15)
 
Defendant Chicago Public Schools
is a part of the City Chicago (an incorporatedmunicipality) government and is headquartered at 125 South Clark Street, Chicago, IL 60603.
 
(16)
 
Defendant Chicago Board of Education
is the governance arm of DefendantChicago Public Schools and is headquartered at 125 South Clark Street, Chicago, IL 60603.
 
(17)
 
Defendant Michael Scott
is the Chicago Public Schools Board President
 
and has hisoffices at headquartered at 125 South Clark Street, Chicago, IL 60603.FACTS(1)
 
All plaintiffs are students at Fenger High School in Chicago.(2)
 
All plaintiffs, except for Kemiria Wellington (not to be confused with Keminia Wellington)are minors. Kemiria Wellington is a senior at Fenger H.S. and recently became 18 years-old.(3)
 
All plaintiffs are black and or of African descent.

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