Case 4:17-cv-03004 Document 1 Filed in TXSD on 10/07/17 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

KIZZY LANDRY, Individually, and as

)( Civil Action No.: 4:17-cv-3004
next friend of I.L., a minor; )(
)(
Plaintiff, )(
)( PLAINTIFFS ORIGINAL
)( COMPLAINT FOR DECLARATORY
-vs- )( JUDGMENT, INJUNCTIVE RELIEF,
)( AND DAMAGES
CYPRESS FAIRBANKS ISD, and )(
PRINCIPAL MARTHA STROTHER, )(
Individually, )(
)(
Defendants. )(

PLAINTIFFS ORIGINAL COMPLAINT FOR

DECLARATORY JUDGMENT, INJUNCTIVE RELIEF, AND DAMAGES

TO THE HONORABLE JUDGE OF THE COURT:

NOW COMES PLAINTIFF KIZZY LANDRY, Individually, and as next friend of I.L., a

minor; complaining of CYPRESS FAIRBANKS ISD and PRINCIPAL MARTHA STROTHER

Individually, and will show the following:

I. INTRODUCTORY STATEMENT

1. I.L., 17, a student at Windfern High School had respectfully sat for the Pledge of

Allegiance (the pledge) around 200 times in class through six or more teachers without

incident. October 2, 2017 I.L. happened, however, to be sitting in head principal Martha

Strothers office when the pledge was recited over the school intercom. I.L. continued to

sit. Principal Strother upon seeing this immediately expelled I.L. from school saying

Well youre kicked outta here. Assisatnt Principal Fitt then gave Kizzy Landry

fiveminutes to pick up I.L. or the police would escort here out of the school. Windfern

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administration had recently been whipped into a frenzy by the publicity of African-

American National Football League players kneeling for the National Anthem.

2. The right for a student not to be forced to stand for the pledge is an old one. West

Virginia Bd. of Ed. v. Barnette, 319 U.S. 624, 63 S. Ct. 1178, 87 L. Ed. 1628 (1943) (We

think the action of the local authorities in compelling the flag salute and pledge

transcends constitutional limitations on their power and invades the sphere of intellect

and spirit which it is the purpose of the First Amendment to our Constitution to reserve

from all official control.) The plaintiff seeks appropriate declaratory and injunctive relief,

as well as damages. Furthermore, instant expulsion from a public school is not allowed if

a student is a danger. Goss v. Lopez, 419 U.S. 565 (1975).

II. JURISDICTION, VENUE, AND CAUSE OF ACTION

3. This Court has jurisdiction of this case pursuant to 28 U.S.C. 1331.

4. Venue is proper in this district pursuant to 28 U.S.C. 1391 as the facts arose in Harris

County, Texas within the U.S. Southern District of Texas and defendants are located

within the district.

5. Declaratory relief is authorized by Rule 57 of the Federal Rules of Civil Procedure and

28 U.S.C. 2201 and 2202.

6. This action is brought pursuant to 42 U.S.C. 1983 and 1988 to redress the deprivation,

under color of state law, of rights secured by the U.S. Constitution.

III. PARTIES

7. Plaintiff Kizzy Landry, individually and as next friend of I.L., a minor, is a resident of

Harris County, Texas.

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8. Cypress Fairbanks ISD is a governmental entity existing under the laws of the state of

Texas and can be served with process by serving Superintendent Mark Henry at 10300

Jones Road. Houston, Texas 77065 or wherever he is found.

9. Defendant Principal Martha Strother is an individual and resident of Harris County,

Texas and can be served with process 12630 Windfern Road, Houston, Texas 77064 or

wherever she is found.

IV. FACTS

10. Kizzy Landry is the mother of I.L., 17.

11. I.L., a student at Windfern High School of the Cypress Fairbanks ISD, had respectfully

sat for the Pledge of Allegiance (the pledge) around 200 times in class through six or

more teachers without incident. October 2, 2017 I.L. happened, however, to be sitting in

head principal Martha Strothers office, with school secretary Mrs. Walters present, at

9:30 am when the pledge was recited over the school intercom. I.L. continued to sit.

Principal Strother upon seeing this immediately expelled I.L. from school saying Well

youre kicked outta here. After sitting for a few minutes I.L. was directed to Assistant

Principal Fitts office. Principal Fitt told India to call her mother to come pick her up and

if your mom does not get her in five minutes an officer will escort you from the building.

Mrs. Walters said, This is not the NFL. Ms. Fitt said India was going to stand for the

pledge like the other African-American in her class.

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12. Principal Strother had recently been whipped into a frenzy by the publicity of African-

American National Football League players kneeling during the National Anthem at NFL

football games.1

13. Ms. Landry got a phone call from India to pick her up as she was being expelled from

school. Ms. Landry arrive at Windfern at about 10 am and tried to talk to the Principal

Strother to determine the reason for the pulsion but Principal Strother would not see Ms.

Landry. The secretary said to sign I.L. out of school.

14. After Ms. Landry got home she phone at 10:45 am to Superintendent Mark Henry. Ms.

Landry explained the entire situation as a message with receptionist and the receptionist

said someone would call Ms. Landry that day or the latest the morning of October 3,

2017.

15. The next day October 3, 2017 Ms. Landry again called the Superintendent Henry and told

receptionist no one had called as promised and repeated in incident. The receptionist

stated she had forward the message and said she would forward the message to

Superintendent Henry. About 8 am Cypress Spring High School and spoke Assistant

Principal Smith to see if India could return to Cypress Spring High School. Principal

Smith phoned Principal Strother and the reported top Ms. Landry that no one can sit for

the Pledge at her school. Later that evening around 7 or 8 pm Mr. Campbell an assistant

to the superintendent in student services phoned and Ms. Landry phoned again. Mr.

Campbell indicated he would contact Principal Strother that night or in the morning.

1
Strother later assumes that India was sitting for the same reasons as National Football League
players were kneeling during the National Anthem-disparate treatment of African Americans in
U.S. society-when India had not divulged her reasons.

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16. October 4, 2017 in the afternoon Mr. Campbell affirmed he had spoken with Principal

Strother and that Principal Strother should be calling Mr. Landry that day. Ms. Landry

received no phone call. Principal Strother called in the evening and asked to meet the

possibilities of India returning to Windfern. A meeting time was set up for October 5,

2017 at 8:30 am.

17. October 5, 2017 at 8:30 am Ms. Landry and India met with Principal Strother. Principal

iterated that India must stand for the pledge to be let back in at Windfern. Principal

Strother said that sitting was disrespectful and would not be allowed. Principal Strother

suggested that India write about justice and African Americans being killed. Ms. Strother

then said the meeting is over and if India does not stand for the pledge she cannot return

to Windfern.

18. At about 10 am Ms. Landry got a call from a local TV reporter from KHOU Channel 11

about the pledge controversy. At 5 pm that afternoon a story aired on KHOU Channel

13 News about the situation.

19. October 6, 2017 at about 8:41 am Principal Strother called and said now India could sit

for the pledge. India returned to Windfern at 10:30 am.

V. LEGAL CLAIMS

Violation of the 1st Amendment

20. Plaintiff reasserts all previous paragraphs.

21. The First Amendment to the Constitution provides that Congress shall make no

lawabridging the freedom of speech

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22. This First Amendment right extends to public school students who do not wish to be

forced to stand for the pledge. West Virginia Bd. of Ed. v. Barnette, 319 U.S. 624, 63 S.

Ct. 1178, 87 L. Ed. 1628 (1943). Because I.L. peacefully exercised her right not to stand

for the pledge Principal Strother instantly expelled I.L. from school.

Violation of the 5th and 14th Amendments

23. Plaintiff reasserts all previous paragraphs.

24. The Fifth Amendment to the Constitution provides that No person shallbe deprived of

life, liberty, or property, without due process of law...

25. The Fourteenth Amendment applies this right to the State action nor shall any state

deprive any person of life, liberty, or property, without due process of law

26. This Fifth Amendment right extends to public school students who are subject to being

expelled from public school. Bolling v. Sharpe, 347 U.S. 497 (1954); Brown v. Board of

Education, 347 U.S. 483 (1954). The precise nature of the private interest involved in

this case is the right to remain at a public institution of higher learning in which the

plaintiffs were students in good standing. Dixon v. Alabama State Board of Education,

294 F.2d 150 (5th Cir. 1961).

27. Regarding students, such as I.L, subject to suspension and expulsion due process

requires, in connection with a suspension of 10 days or less, that the student be given

oral or written notice of the charges against him and, if he denies them, an explanation of

the evidence the authorities have and an opportunity to present his side of the story.

Goss v. Lopez, 419 U.S. 565 (1975).

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28. Defendant Principal Strothers instant expulsion of I.L. from school without notice and

opportunity to be heard violated I.L.s due process rights and she suffered at least loss of

education and great mental anguish.

VI. REQUEST FOR RELIEF

WHEREFORE, the plaintiffs respectfully request that this Court:

1. Enter judgment for plaintiff against defendants jointly and severally for their damages;

2. Declare that the defendants have violated the rights of the plaintiffs for the reasons

described above;

3. Award the plaintiff exemplary and punitive damages against the individual defendants;

4. Award the plaintiff her costs and attorneys fees pursuant to 42 U.S.C. 1988;

5. Award pre- and post-judgment interest; and

6. Award all other relief to which plaintiff shows herself entitled.

RESPECTFULLY SUBMITTED,
LAW OFFICE OF RANDALL L. KALLINEN PLLC

/s/ Randall L. Kallinen

Randall L. Kallinen
State Bar of Texas No. 00790995
Admitted, U.S. Supreme Court, 5th U.S. Circuit Court of
Appeals, Eastern, Southern and Western Districts of Texas
511 Broadway Street
Houston, Texas 77012
Telephone: 713.320.3785
FAX: 713.893.6737
E-mail: AttorneyKallinen@aol.com

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JS 44 (Rev. 06/17) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

Kizzy Landry Cypress Fairbanks ISD, et al.

(b) County of Residence of First Listed Plaintiff Harris County County of Residence of First Listed Defendant Harris County
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Kallinen Law PLLC
511 Broadway Street, Houston, TX 77012; 713.320.3785

II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6

Foreign Country
IV. NATURE OF SUIT (Place an X in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation
Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability 840 Trademark Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY 480 Consumer Credit
of Veterans Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards 861 HIA (1395ff) 490 Cable/Sat TV
160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending Act 862 Black Lung (923) 850 Securities/Commodities/
190 Other Contract Product Liability 380 Other Personal 720 Labor/Management 863 DIWC/DIWW (405(g)) Exchange
195 Contract Product Liability 360 Other Personal Property Damage Relations 864 SSID Title XVI 890 Other Statutory Actions
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 865 RSI (405(g)) 891 Agricultural Acts
362 Personal Injury - Product Liability 751 Family and Medical 893 Environmental Matters
Medical Malpractice Leave Act 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation FEDERAL TAX SUITS Act
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 870 Taxes (U.S. Plaintiff 896 Arbitration
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act or Defendant) 899 Administrative Procedure
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRSThird Party Act/Review or Appeal of
240 Torts to Land 443 Housing/ Sentence 26 USC 7609 Agency Decision
245 Tort Product Liability Accommodations 530 General 950 Constitutionality of
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION State Statutes
Employment Other: 462 Naturalization Application
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration
Other 550 Civil Rights Actions
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an X in One Box Only)
1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
42 USC Section 1983
VI. CAUSE OF ACTION Brief description of cause:
Public school student instantly expelled for sitting for trhe Pledge of Allegiance
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
10/07/2017 /s/ Randall L. Kallinen
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

 Case 4:17-cv-03004 Document 1-1 Filed in TXSD on 10/07/17 Page 2 of 2
JS 44 Reverse (Rev. 06/17)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.

V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
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PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.