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IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT

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					           IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
                   IN AND FOR PINELLAS COUNTY FLORIDA
                         CASE NO. __________________

TAYLOR TILLUNG, TODD TILLUNG
and TERRY TILLUNG

               Plaintiff(s),
v.

SCHOOL BOARD OF
PINELLAS COUNTY, FLORIDA,

            Defendant.
__________________________________/

        VERIFIED COMPLAINT FOR A RESTRAINING ORDER, INJUNCTIVE
                 AND OTHER RELIEF (IN EXCESS OF $15,000.00)

       COMES NOW the Plaintiffs, Taylor Tillung, Todd Tillung and Terry Tillung by and

through their undersigned attorney and sue the Defendant, the School Board of Pinellas County,

Florida a political body created by the Florida Constitution and operating pursuant to the Laws of

Florida, and allege as follows:

                                  PRELIMINARY STATEMENT

1.     This action seeks a restraining order, temporary and permanent injunctive relief, costs

and attorneys fees allowed by law, and compensation for injuries suffered by the Tillungs as a

result of actions taken by employees, representatives and agents of the School Board of Pinellas

County, Florida, hereinafter referred to as the "School Board".

                                   JURISDICTION & VENUE

2.     This action arises under the United States and Florida Constitutions along with the Laws

of Florida. The actions of employees, representatives and agents named in this Complaint are

intended to be included in the term School Board as the Defendant. The actions of the School

Board may give rise to claims for compensatory damages in excess of $15,000.00. Additionally



                                                1
the Tillungs seek an appropriate restraining order, temporary and permanent injunctive relief as

permitted by the Florida Constitution, Laws of Florida and the Florida Rules of Civil Procedure.

3.     Pursuant to the Florida Constitution article V Section 23 Circuit Courts are authorized to

"issue injunctions". Section 26.012 Fla. Stat. states that the Circuit Court has original exclusive

jurisdiction of causes/actions wherein the relief requested is temporary or permanent injunctions.

4.     Taylor Tillung is a citizen and resident of Pinellas County, Florida and he is a student

assigned by the School Board to Palm Harbor University High School, hereinafter referred to as

PHUHS, a school owned and operated by the School Board in Pinellas County.

5.     Todd and Terry Tillung are citizens and residents of Pinellas County, Florida who as the

parents of Taylor Tillung are representing him during administrative hearings with the School

Board which is more fully explained below.

6.     The actions of the School Board gives rise to the claims asserted by Taylor Tillung and

his parents Todd and Terry Tillung and at all times relevant occurred within Pinellas County,

Florida.

7.     The State Courts of Florida are authorized to hear and determine federal as well as state

claims involving the denials of a citizen's state and federal civil rights and the denial of federal

and state due process claims.

                     COMMON ALLEGATIONS TO ALL PLAINTIFFS

8.     On or about February 21, 2007 and at all times relevant to the claims asserted herein

Taylor Tillung was a 12th grade senior full time student assigned by the School Board to PHUHS

located in north west Pinellas County, near the Tillung residence.




                                                  2
9.     On May 21, 2007 Taylor is scheduled to graduate and receive his high school diploma,

except that because the School Board has denied his civil rights and due process of law rights he

is unable to graduate from his officially assigned school.

10.    The School Board employed employees in various capacities who failed to properly

follow School Board policies and procedures which failure denied Taylor and his family due

process of law, both substantive and procedural as more fully explained herein.

11.    On February 21, 2007 and at all times relevant Herman Allen (occasionally referred to as

"Doc" Allen) was employed by the School Board as the Principal of PHUHS and is authorized to

exercise certain student disciplinary powers as directed by the School Board's Code of Student

Conduct (hereinafter referred to as "Code") and other policies regarding students assigned to

PHUHS by the School Board.

12.    On February 21, 2007 and at all times relevant Alec Liem was employed by the School

Board and served as the Director of School Operations and is authorized to exercise certain

discipline powers as directed by the Code and other policies regarding students assigned to

PHUHS.

13.    On February 21, 2007 and at all times relevant Michael Bessette was employed by the

School Board as the Area III Superintendent and in that capacity exercised certain discipline

powers as directed by the Code and other policies regarding students assigned to PHUHS.

      FACTS AS RELATED TO SCHOOL BOARD POLICY AND PROCEDURES

14.    On February 21, 2007 after school ended for the day Taylor attended baseball practice at

PHUHS. After practice ended he returned home for a shower and appropriate dress so that he

could attend the Lip Sync concert at PHUHS which was scheduled to begin at around 7:00 p.m..




                                                 3
15.    The Drama teacher in charge of the school event, Mrs. Carla Webster, discontinued

selling tickets as she thought the auditorium had reached it's capacity and the doors were closed.

16.    When Taylor arrived at the auditorium he observed that students were sitting on the floor

and standing along the auditorium wall. He motioned to Mrs. Webster (only known to him as

the drama teacher) to come to the auditorium door in order to speak to her about his particular

situation. She opened the door to speak to Taylor and he asked to be allowed to enter because of

his late baseball practice. He plead in a normal tone with Mrs. Webster that he was a senior and

this would be the last Lip Sync concert he could attend.

17.    Taylor determined that Mrs. Webster was not going to allow him or the other dozen

students standing at the door to enter so he walked away while Mrs. Webster inside the lobby

also walked in the same direction as Taylor and suddenly without thinking about the

consequences Taylor "mooned" Mrs. Webster. He added (admittedly) injury to the insult by

spreading his buttocks for an instant.

18.    Taylor admitted the act thinking it was a childish joke and did not intend any abuse or

insult to Mrs. Webster.

19.    Taylor made no effort to escape the unfortunate situation. He was confronted by the SRO

who asked for his ID. At first Taylor denied the accusation but then immediately admitted the

event. He also apologized to Mrs. Webster. He apologized to Mrs. Webster again the next day

in person and in writing, but School Board officials refused to forward the apology letter to her.

20.    On February 21, 2007 at around 8:00 p.m. a Disciplinary Referral was prepared briefly

stating the facts of the event, but the referral was not delivered until a later time. Mrs. Douglas

advised Taylor to tell his father about the incident. That evening Taylor advised his father that

he may be suspended for five (5) days and further that Mrs. Douglas told Taylor to bring his




                                                  4
father to school the next day. Pursuant to the School Board's written policy (attached) Mrs.

Douglas was not authorized to suspend Taylor which was a violation of the School Board's

specific written rules which resulted in a denial of his due process rights (in particular the written

policy of the School Board).

21.    On February 22, 2007 Mrs. Douglas advised Taylor and his father (his mother was out of

town and unavailable) that Taylor was suspended (again she had no authority to suspend per the

School Board policy) from school effective February 22, 2007 and further that he was ineligible

to play baseball with his PHUHS team and also that he was not allowed on any school board

property during the suspension period (the trespass rule).

22.    Prior to February 21, 2007 Taylor Tillung was a member of the PHUHS baseball team for

4 years playing various positions, but primarily as a starting pitcher and outfielder. Taylor was

wrongfully removed from the baseball team on February 22, 2007 which wrongful removal will

continue unless the Court orders the School Board to reinstate Taylor to the baseball team.

23.    The subsequent action of the School Board to transfer Taylor to another school which

will be detailed below will cause present and future irreparable harm, injury and loss or damage

before the request for a mandatory injunction can be heard. The irreparable harm will continue

for the following reason. Taylor is being denied the opportunity to videotape his excellent

baseball skills which he intends to forward to FSU, the college that has admitted him for the

summer term. The decision to transfer Taylor continues during the remainder of the time that he

would be a student at PHUHS unless the Court orders the School Board to reinstate him to his

assigned school and orders the School Board to permit Taylor to reunite with his teammates and

play baseball for the remainder of the semester.




                                                   5
24.    When Mrs. Tillung learned of the incident and the suspension on the night of February

21, 2007 she made plans to return to Pinellas County (her work out of town was interrupted by

the incident). Upon her return she contacted Mrs. Douglas who advised Mrs. Tillung that the

12th grade house administrator (Mrs. Balance) would handle the disposition of the disciplinary

action to be taken. At this juncture the School Board fails to follow the precise School Board

policies and procedures for giving parent notification and holding a fair hearing for Taylor

regarding the suspension and ultimately the transfer issue which will be fully explained below.

25.    The parents attempted to initiate a conference with Principal Allen who made it known

through his staff that he would not be available to hear Taylor's suspension (apparently which the

School Board considered an appeal). Again at this time the only issue that the Tillungs were

aware of was that Taylor was being suspended for five (5) days. The administrative transfer

from his officially assigned school and classes would not arise until February 28, 2007 at about

8:30 a.m..

26.    The parents were told that their meeting with the Principal would be an appeal regarding

the 5 day suspension, plus an additional day was added for an alleged violation of the "trespass

rule". They were further advised that the hearing would not be held until February 28, 2007 even

though Taylor was wrongfully suspended by the wrong person pursuant to School Board

policies. The Code only allows the assistant principal and principal to discipline a student for a

Code violation.

27.    Finally on February 28, 2007 Taylor and his parents met for the official due process

hearing with Mrs. Douglas. The parents were told that normally, Mrs. Balance the 12th grade

house administrator, would be the administrator meeting with the Tillungs. However she was

unavailable to discuss the mooning event and the appropriate discipline to be applied. Neither




                                                 6
Mrs. Douglas or Mrs. Balance are the designated persons to impose student discipline pursuant

to the Code or to conduct a due process hearing. That responsibility is designated to the assistant

principal or the principal according to the Code.

28.    Although the parents had made several attempts to contact the Principal during the

suspension period he remained unavailable until mid morning on February 28, 2007.

29.    At the conclusion of the meeting with Mrs Douglas she gave Taylor and his parents the

Disciplinary Referral dated February 28, 2007 which added a new statement that Taylor would

be "administratively transferred" to one of four high schools. The parents were rushed through

the hearing process and did not know and were not told that the administrative transfer decision

which was made that morning could only be made by Mr. Liem (a former Principal at PHUHS).

This administrative decision by the School Board to transfer a student from his official assigned

school to another school is a violation of the School Board policy.

30.    There are two types of transfer under the Code, an administrative transfer which involves

Taylor's case and another is called a disciplinary transfer. For the sake of brevity since the later

is not involved it will not be explained any further.

31.    Without any further written notice the parents learned for the first time that senior Taylor

Tillung whose academic career and discipline record has been exemplary was told that he was

going to be administratively transferred the next day and that he should report to Clearwater

High School on March 2, 2007.

32.    The parents were in absolute shock and beside themselves regarding a decision which

impacted Taylor's high school academic program, the medical magnate program. This program

was unavailable at Clearwater High School so continuing in his chosen field is immediately

terminated without any hearing. The administrative transfer irreparably damages Taylor's career




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choice by disallowing him to continue in his chosen academic path. The injury and damage to

his extracurricular activity to wit: baseball and other activities previously explained will likely

prevent him from providing evidence to FSU that he could be considered a "walk on" for the

FSU baseball team. A final irreparable injury involves denying Taylor the right of all second

semester seniors to be actively engaged in senior activities such as the senior breakfast, senior

prom and especially "walking" with his classmates to receive his diploma in front of his parents,

relatives and many friends that he has made over the 12 years of attending school in Pinellas

County.

33.    Walking with your classmates is without doubt one of the most important events in one's

life and to be denied the opportunity to graduate and receive your diploma with these special

people in one's life and be acknowledged as a person who has successfully completed their high

school requirements would be a serious immediate and irreparable injury, loss or damage that

cannot be repaired once denied. By administratively transferring Taylor without a proper and

fair hearing with notice by the appropriate school administrator the School Board denied Taylor

his hearing rights and due process rights guaranteed by the Federal and State Constitutions.

34.    Nor were the parents aware that the administrative transfer decision had been pre-

authorized by Mr. Liem who would eventually "hear" Taylor's "appeal" on March 8, 2007.

During the period of Taylor's suspension Mr. Liem was obtaining tainted information from other

sources when he should have known to remain neutral in the event the Principal recommended

that Taylor be "administratively transferred" per School Board policy to another school distant

from home and PHUHS.

   CONTINUING SUBSTANTIVE AND PROCEDURAL DENIAL OF DUE PROCESS




                                                  8
35.    Certain procedures utilized by the School Board to guarantee procedural due process to a

Pinellas County student is found in the Code of Student Conduct. The Code adopted by the

School Board for the 2006-2007 school year (parts of which are attached hereto and made a part

hereof) were adopted pursuant to the Protection of Pupil Rights Amendment which requires the

School Board to notify the students and parents that the School Board has adopted policies and

procedures to protect the rights of students. The Code provides a "Philosophy of Discipline"

which states in part: "The School Board recognizes that students are protected and have certain

rights extended to citizens under the United States Constitution and its amendments; and that

these rights cannot be abridged except in accordance with due process of law". The School

Board made the Code mandatory and required that it be applied in a manner that is consistent

with the Philosophy of Discipline. The Code also states that "It is essential that all students, their

parents/guardians, teachers, and administrators understand and abide by the Code of Student

Conduct" (emphasis added).

36.    As partly explained above various procedural and substantive due process failures denied

Taylor his substantive and due process rights as provided for by law and specifically by the

Code. The above incident was reported to school officials and they were bound by the 5th and

14th Amendment to the Constitution as well as the specific provisions of the Code to be certain

that Taylor's rights would not be abridged.

37.    The mooning incident for which Taylor was suspended and administratively transferred

is not a specific activity that is delineated in the Code which would lead to an automatic

expulsion or suspension. The Code provides for certain activities such as possession of illegal

substances at school events that would result in an expulsion. In addition there are 34 specific

acts of student misconduct that could result in discipline including suspension, reassignment or




                                                  9
expulsion, but mooning is not one of these specific acts, so a reasonable discipline punishment

would be expected and applied (to which Taylor's parents agree).

38.    Mooning is not included on either misconduct list. In Taylor's situation no specific rule

was violated. Mrs. Douglas decided to charge him with "other serious misconduct". It was her

decision, at least on paper, to immediately suspend Taylor without telephoning the parents,

another violation (although minor) and then holding an alleged due process hearing without

authority under the Code (another minor violation), but the minor violations are accumulating to

become a major due process violation issue.

39.    Even if Mrs. Douglas was authorized to hold a due process hearing she failed to provide

minimally a fair timely hearing in order for Taylor to challenge the transfer recommendation.

This administrative decision appears to have been made by others and possibly said decision was

directed to Mrs. Douglas. It appears that this administrative decision had been predetermined so

this loaded train left the station and was running full steam ahead without the slightest chance for

the Tillungs to slow it down to present his "side of the story", a fair hearing which is a procedure

constitutionally protected. Moreover the School Board Code itself provides that a student be

guaranteed the right to tell his side of the story regarding the punishment about to be imposed as

well as the change of his official assignment via an administrative transfer which is permitted by

the Code but not authorized to Mrs. Douglas. Defending himself by telling his side of the story

was clearly denied by Mrs. Douglas according to subsequent events.

40.    Because of the failure to provide a fair hearing on February 28, 2007 Taylor and his

family were denied the opportunity to present evidence that he had wide community support to

overturn the transfer decision which effected not only his academic career but his teammates, the




                                                 10
coach and assistant coach who stated that the transfer of a second semester senior to another

school as punishment was clearly wrong.

41.    As seen above the Code guarantees procedural due process to it's students. The

procedural violations in this case of both constitutional due process and the due process provided

by the Code was further violated on February 28, 2007. The parents asked Mrs. Douglas what

was the next step in the administrative process. She advised that the parents could appeal her

decision to administratively transfer Taylor and since the transfer was going to take effect

immediately, in fact the next day, the Tillungs quickly scribbled an appeal to Principal Allen and

in particular addressed the administrative transfer issue. They were told to wait until Principal

Allen would be available to hear their appeal. They waited until about 10:00 or 10:30 a.m..

42.    The parents later learned that while they were waiting for Mr. Allen he had a whispered

conversation with Mrs. Webster in her classroom. Students were present. One of the students

(Scott) overheard the conversation while Mrs. Webster was apparently signing some documents

in connection with the transfer and Mr. Allen said "He's not coming back". This statement is

made before the Principal meets with the parents to hear Taylor's "side of the story" and

determine the appropriate discipline.

43.    At the conclusion of a 15 minute hearing Allen directed a letter to Taylor's parents

denying Taylor due process of law and failed to abide by the strict policy provisions applicable

to all administrators to follow the Code as adopted by the School Board. The relevant portion of

the Code reads: "(the Student) may be transferred to a different school … the Principal must

recommend your transfer in writing to the Director of School Operations and provide your parent

with a copy of the recommendation". The policy certainly is clear on the authority to

administratively transfer. If it is his duty and responsibly to abide by the Code the Principal must




                                                11
at least hold some type of hearing to determine his reason for the transfer. It can't be fair if the

transfer decision is made in a vacuum. Principal Allen failed to make a recommendation which

contained reasons for his decision. But in any event the decision to transfer was not his to make.

The decision to administratively transfer is the province of the Director of School Operations,

only to be made after a fair hearing.

44.    The Code reads:

               "You (the student) may be transferred to another school, including an alternative

       school (such as Norwood Secondary, TELESCHOOL, adult school, etc.). The principal

       must recommend your transfer in writing to the Director of School Operations for your

       area and provide your parent with a copy of the recommendation. Your parent may

       appeal a transfer to the Director of School Operations within five (5) days of being

       notified of the transfer recommendation. The Director of School Operations decides

       whether you will be transferred. If your parent disagrees with the Director's decision,

       they may appeal it to the Area Superintendent".

45.    After learning that the administrative process guaranteed to all students per the Code had

been violated Taylor's parents decided that they should employ counsel. The Tillung family

engaged the services of the undersigned who within the timeline parameters (Mr. Allen's letter

also erroneously stated that the parents had 2 days to appeal) appealed the decision to Mr. Liem

the Director of School Operations.

46.    In order to avoid any further possible disciplinary action Taylor attended Clearwater High

School on March 2, 2007.

47.    Principal Allen's decision to transfer Taylor was sent to the parents with a copy to Mr.

Liem. The parents were incorrectly advised to appeal the transfer decision within 2 days. The




                                                  12
timeline stated in the letter was incorrect. The Code allows a 5 day timeline to appeal, another

minor discrepancy.

48.    This transfer decision was causing irreparable injury to Taylor's medical career. He had

been in training in the medical magnate program for 3 ½ years which now was suddenly

terminated by an improper decision by an improper person. The stakes concerning Taylor are

extremely high in comparison to the alleged harm (which Taylor does not belittle) to the teacher.

She is very angry which is understandable and appropriate.

49.    The Tillungs requested a de novo hearing with Mr. Liem. They had no means to

subpoena witnesses so they made a formal request to the School Board to provide the following

witnesses: Principal Allen, Mrs. Webster, Mrs. Balance and Mrs. Douglas and copies of all

documents received and reviewed by Mr. Liem. The School Board refused to allow the

appearance of all but Principal Allen. One document was produced, a "follow up" letter from

Principal Allen containing redundant, immaterial and impertinent and scandalous matter which

would have been subject to a Motion to Strike.

50.    After a subsequent hearing around March 22, 2007 it was revealed that Mr. Liem was

receiving improper communications from School Board employees regarding the transfer issue

which took place between February 22, 2007 and February 28, 2007 and were not disclosed to

the Tillungs until after the final administrative hearing on March 27, 2007.

51.    A particularly disturbing phone call which no doubt denies Taylor a fair hearing occurred

when Principal Allen calls Mr. Liem (during a time when Principal Allen told his staff that he

was unavailable to the Tillungs for their appeal) seeking and receiving an administrative transfer

of Taylor from Mr. Liem, a prehearing determination that Taylor would be transferred. In




                                                 13
furtherance of this conspiracy Mr. Liem told Principal Allen that he would contact the School

Board student assignment department to ascertain what schools are available to house Taylor.

52.    On March 8, 2007 the hearing commenced with Mr. Liem. The staff attorney for the

School Board advised Mr. Liem that the "appeal conference" was not a de novo evidentiary

hearing and that Mr. Liem would only be reviewing the steps taken by the school officials to be

sure that Taylor received appropriate due process during the investigation. During the hearing

Mr. Liem revealed that Principal Allen had supplied an undated follow up letter which contained

numerous exaggerations, lies, misstatement of facts but most importantly it contained Principal

Allen's desire to abide by Mrs. Webster's demand that Taylor be transferred.

53.    In Mr. Bessette's letter dated March 25, 2007 he found that Taylor is not a disruptive or

dangerous student; he in fact is an excellent student with a 3.2 GPA, with only two minor

disciplinary referrals for being tardy during his 4 years at PHUHS. Unfortunately in order to

help justify his unreasonable punishment Principal Allen's letter paints a far darker sinister

Taylor Tillung then had been known up until the "mooning" incident.

54.    Following the denial of Taylor's request to return to PHUHS on March 15, 2007 the

Tillungs directed an "appeal" to Michael Bessette, the Area III Superintendent regarding the

transfer decision imposed on Taylor by Alec Liem. Again the main issue is who had authority to

transfer. It was alleged that Mr. Liem failed to conduct a de novo hearing in order to address the

punishment issue.

55.    On March 22, 2007, 20 days after Taylor Tillung was wrongfully transferred from his

previously assigned school as disciplinary measure, Michael Bessette the Area III Superintendent

conducted a hearing regarding the Tillung "appeal". During the course of the hearing Mr.

Bessette stated that the issues included the denial of due process in upholding the unauthorized




                                                 14
transfer by the Principal who was not delegated that authority pursuant to the Code and secondly

that the transfer was an unusually harsh punishment and appeared to be inconsistent with prior

School Board practice. During a prior hearing it was stated that Mrs. Webster had recently been

"subjected" to an earlier mooning event which resulted in only a three day suspension for the

student and no transfer. Mr. Bessette denied the appeal and noted that the transfer process was

flawed. He expressed a concern regarding the error as a due process violation. Unfortunately

Mr. Bessette did not hold the School Board administrators to the same standard of conduct as

students; he expressed a concern that the Code had not been followed allowing for deviation

from the Code although the policy provides that it "is mandatory and shall be applied in a

manner that is consistent with the School Board's Philosophy of Discipline saying…it is essential

that all … teachers and administrators understand and abide by the Code".

56.    In Taylor's case it is obvious that the administrators did not apply the Code consistent

with the Philosophy of Discipline and due process. Mr. Bessette said he was supporting the

administrative transfer of Taylor. Finally Mr. Bessette acknowledges that administratively

Taylor had exhausted all of his administrative appeals with the School Board.

              PARENT SUPPORT OF TAYLOR REQUIRES RECOMPENSE
                           FROM SCHOOL BOARD

57.    Beginning with the Notice of Disciplinary Referral given to Taylor's parents they have

been actively representing their son in order to aid him in his quest to return to PHUHS. His

parents have undertaken to employ legal counsel in order to continue pursuit of his chosen

academic career (medical), in order to play baseball with his team and most importantly to

graduate with his classmates who he has known for years.

58.    Because of the actions of the School Board Taylor Tillung and his family have become

financially obligated to pay attorneys fees, court costs and expenses. At the conclusion of this



                                                15
action Taylor Tillung and his family wish to be compensated by the School Board pursuant to

law.

59.     In addition to claims for a temporary and permanent injunction and attorneys fees the

parents of Taylor Tillung will seek on his behalf appropriate compensation for present and future

damages suffered by Taylor related to the School Board's denial of due process of law and in

particular the clear failure to follow the precise dictates of it's own policies.

                     DEPRIVATION OF PROCEDURAL DUE PROCESS

60.     The actions of the School Board, by and through its authorized representatives,

employees and agents taken under color of state law, have deprived Taylor Tillung of his rights,

absent procedural due process as guaranteed by the Fifth and Fourteenth Amendments to the

United States Constitution, as well as Article I section 9 of the Florida Constitution.

61.     The injuries occasioned by the School Board's actions are such that Taylor Tillung and

his parents have suffered, and will continue to suffer damages which amount to an irreparable

injury, and for which there is no adequate remedy at law, unless an order is entered allowing

Taylor to return to classes at PHUHS (which are unavailable at the school of transfer), and

participate in normal student activities at PHUHS pending resolution of these claims.

        WHEREFORE Plaintiff Tillung requests this Honorable Court enter an order granting

appropriate restraining order, preliminary and permanent injunctive relief; demands a trial by

jury on all issues so triable, and all damages authorized by law, including compensatory

damages, costs and attorney's fees from Defendant School Board.

                     DEPRIVATION OF SUBSTANTIVE DUE PROCESS

62.     The actions taken against Taylor Tillung and his parents with the authority of the School

Board were done so in an arbitrary and capricious fashion, unfairly punishing him in relation to




                                                   16
his conduct and imposing greater disciplinary punishment than those imposed previously by the

School Board in similar circumstances.

63.    The actions of the School Board, by and through its authorized representatives, taken

under color of state law, have deprived Taylor Tillung of his right to substantive due process as

guaranteed by the Fifth and Fourteenth Amendments to the United States Constitution, as well as

Article I section 9 of the Florida Constitution and related educational laws found in and provided

for by Florida Statutes.

64.    Florida Statutes as well as policies promulgated pursuant to the authority of the School

Board, and applied by the school principal and his staff require various safeguards during

disciplinary proceedings and administrative actions so that due process is provided to the student

subject to discipline. Chief among these is a pre-suspension hearing with an opportunity to have

examined the evidence sought to be relied upon by the Principal or the Assistant Principal prior

to his hearing in order to give effect to the student's right to be heard and refute charges against

him, confront witnesses in some administrative hearing process as provided for by the Code of

Student Conduct.

65.    Principal Allen, and those staff members assisting him throughout the administration of

discipline in the above-described incident failed to comply with applicable policy, and did not

give Taylor Tillung the chance to defend himself as to the charges and transfer prior to making a

decision on such action, especially the administrative transfer as more fully described above.

66.    Taylor Tillung had never been suspended from PHUHS before, but Principal Allen

ordered that he be suspended for 6 days for his actions and failed to follow School Board policy

regarding a recommendation to transfer Taylor from PHUHS and reassigned him for the

remainder of the school year, effectively the remainder of his educational life. Taylor Tillung




                                                 17
and his parents have pursued, to no avail, all internal School Board review mechanisms available

to them under these circumstances. All available administrative procedures have been

exhausted.

67.    As a result of Allen's decision and recommendation Taylor Tillung has been removed

from enrollment at PHUHS, removed from the PHUHS baseball team and will not be permitted

to participate in all senior activities including "walking" with the rest of the graduating class at

PHUHS graduation ceremonies, a once in a lifetime activity.

       WHEREFORE, Plaintiff(s) request this Honorable Court enter an order granting

preliminary and permanent injunctive relief; demands a trial by jury on all issues so triable, and

all damages authorized by law, including compensatory damages, costs and attorney's fees from

Defendant School Board.


        I, B. Edwin Johnson, swear and affirm that the above statements are true and correct to
the best of my knowledge and belief according to meetings I have attended and documents I have
reviewed.


       ________________________________                                ___________________
       B. Edwin Johnson, Esq.                                          Date
       1433 S. Ft. Harrision Ave., Suite C
       Clearwater, FL 33756
       Florida Bar #0039712
       (727) 442-3966
       Attorney for Plaintiff

      The foregoing instrument was acknowledged before me this ___ day of
_______________________, 2007 by B. Edwin Johnson who is personally known to me and
who did take an oath.




___________________________________
Notary Public
Stamp:



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