Poway Unified School District Lawsuits
|
1) Poway loses Donovan decision
70-page decision written by federal judge; Gay Students Win $300,000 For
School’s "Deliberate Indifference" to Harassment
Loucks v. Poway Unified School District
Case Number D037558 Date Description Notes
03/12/2001 Notice of appeal lodged/received. Filed February 21, 2001 by
TYLER LOUCKS, a Minor
03/12/2001 Appellate package sent.
03/12/2001 Docketing statement filed.
03/12/2001 Proceeding by 5.1 - no reporter's transcript. Notice filed
February 21, 2001
03/12/2001 70 day letter sent (rule 5.1). 70 day date is May 2, 2001
05/03/2001 Granted - extension of time. Attorney: Cochrane, Michael >60
days for opening brief to 7/2/01
Party: Loucks, Tyler
07/02/2001 Association of attorneys filed for: Appellant.
07/02/2001 APPELLANT'S OPENING BRIEF. Attorney: Cochrane, Michael
Party: Loucks, Tyler
07/02/2001 Appellant's appendix filed. One Volume.
08/01/2001 RESPONDENT'S BRIEF. Attorney: Morris, Jeffrey
Party: Poway Unified School District
08/01/2001 Respondent's appendix filed. 1 Vol. respondent's appendix
08/20/2001 APPELLANT'S REPLY BRIEF. Attorney: Kay, David A.
Party: Loucks, Tyler
Attorney: Cochrane, Michael
08/21/2001 CASE FULLY BRIEFED.
08/21/2001 Oral argument waiver notice sent. 8/31/01
08/27/2001 Request for oral argument filed by: appellant/10 min
01/17/2002 On March calendar.
02/04/2002 **CALENDAR NOTICE SENT** Calendar Date: Wednesday,
MARCH 13, 2002 at l:30 p.m.
03/13/2002 Cause argued and submitted.
03/19/2002 Opinion filed. The judgment is affirmed. Respondent is entitled
to costs on appeal.
04/03/2002 Rehearing petition filed. Appellant
04/17/2002 Petition for rehearing denied.
04/29/2002 Service copy of petition for review received. Filed by appellant
05/08/2002 Record transmitted to Supreme Court.
05/15/2002 Received copy of Supreme Court filing. Answer to petition for
review
05/21/2002 Note: copy of pet. for review rec'd. remittitur moved to 7/1/02
06/26/2002 Petition for review denied in Supreme Court. Order rec'd this
court 7/1/02
10/24/08 02:00PM
C-61
Meyer, John
S.
Civil Court Tri
37-2008-00076816-CU-CR-CTL
D)Poway Unified
School Dist Daniel R.
Shinoff
10/24/08 09:00AM
C-72
Taylor,
Timothy
Trial Readiness
GIC865228
D)POWAY UNIFIED
SCHOOL DIST Daniel
R. Shinoff
Poway blog posts can
be found HERE.
San Diego
Education Report
10/24/08 02:00PM C-61
Meyer, John S.
Civil Court Tri
37-2008-00076816-CU-CR-CTL
D)Poway Unified School Dist
Daniel R. Shinoff
10/24/08 09:00AM C-72
Taylor, Timothy
Trial Readiness
GIC865228
D)POWAY UNIFIED SCHOOL
Daniel R. Shinoff
EVALYN DROBNICKI
VS. POWAY UNIFIED
SCHOOL DISTRICT
Case Number:
37-2008-00076816-CU-CR-CTL
Case Location: San Diego
Case Type: Civil Date
Filed: 01/28/2008
Category: CU-CR Civil
Rights
PUSD v Smith
North County SAN DIEGO
SUPERIOR COURT
PUSD Defendant
N75313 POWAY UNIFIED
SCHOOL DISTRICT LA
TORRE, JAVIER DE North
County Civil 07/02/1997
N67930 POWAY UNIFIED
SCHOOL DISTRICT
LIEBERMAN, GRACE North
County Civil 06/02/1995
N65143 POWAY UNIFIED
SCHOOL DISTRICT
COCHRANE, VOLINDA North
County Civil 09/15/1994
N58810 POWAY UNIFIED
SCHOOL DISTRICT FLYNN,
RYAN North County Civil
02/11/1993
N56941 POWAY UNIFIED
SCHOOL DISTRICT BRUNO,
MICHAEL North County
Civil 08/19/1992
N44271 POWAY UNIFIED
SCHOOL DISTRICT
CASLAVA, ROBERT North
County Civil 07/10/1989
N27874 POWAY UNIFIED
SCHOOL DISTRICT JULIHN,
MILES North County Civil
01/08/1984
N27874 POWAY UNIFIED
SCHOOL DISTRICT JULIHN,
MILES North County Civil
01/08/1984
N27451 POWAY UNIFIED
SCHOOL DISTRICT
CARTER, JAIME North
County Civil 11/21/1984
N19357 POWAY UNIFIED
SCHOOL DISTRICT
CARBONEAU, EDMUND
LEON North County Civil
03/12/1982
N19279 POWAY UNIFIED
SCHOOL DISTRICT EARLE,
KEITH North County Civil
03/03/1982
N19279 POWAY UNIFIED
SCHOOL DISTRICT EARLE,
KEITH North County Civil
03/03/1982
N16223 POWAY UNIFIED
SCHOOL DISTRICT
JOHNSTON, ELEANOR North
County Civil 12/02/1980
N16222 POWAY UNIFIED
SCHOOL DISTRICT
JOHNSTON, ELEANOR North
County Civil 12/02/1980
GIN026068 POWAY UNIFIED
SCHOOL DISTRICT HILL,
DANIEL JOSEPH North
County Civil 12/10/2002
GIN024053 POWAY UNIFIED
SCHOOL DISTRICT
TURNER, CLIFFORD North
County Civil 09/17/2002
GIN012573 POWAY UNIFIED
SCHOOL DISTRICT
BRATCHER, LISA North
County Civil 05/08/2001
GIN043958 POWAY UNIFIED
SCHOOL DISTRICT
DINUNZIO, MARIO North
County Civil 04/20/2005
GIN041523 POWAY UNIFIED
SCHOOL DISTRICT
CANTWELL, CAROL North
County Civil 12/22/2004
37-2007-00052974-CU-PT-NC POWAY
UNIFIED SCHOOL DISTRICT H,
JEFFREY North County Civil
05/16/2007
CENTRAL SAN DIEGO
PUSD Defendant
L600974 POWAY UNIFIED
SCHOOL DISTRICT GARCIA,
MARIA San Diego Civil
04/16/1998
L592462 POWAY UNIFIED
SCHOOL DISTRICT FIELD,
ARIELLE San Diego Civil
05/20/1997
L567341 POWAY UNIFIED
SCHOOL DISTRICT
SUPERIOR READY MIX
CONCRETE, L P San Diego
Civil 10/11/1994
L562571 POWAY UNIFIED
SCHOOL DISTRICT
DINUNZIO, CARMELLA San
Diego Civil 04/12/1994
L561538 POWAY UNIFIED
SCHOOL DISTRICT
MANNEH, SAM San Diego
Civil 03/04/1994
L557122 POWAY UNIFIED
SCHOOL DISTRICT JAY,
KRISTIE M San Diego Civil
09/29/1993
L554191 POWAY UNIFIED
SCHOOL DISTRICT
TORRES, DANIEL J San
Diego Civil 02/22/1993
L553395 POWAY UNIFIED
SCHOOL DISTRICT TAFOYA,
ANGELA San Diego Civil
05/27/1993
L552395 POWAY UNIFIED
SCHOOL DISTRICT KRANS,
VANESSA San Diego Civil
04/22/1993
L543052 POWAY UNIFIED
SCHOOL DISTRICT
FREEMAN, DAVE San
Diego Civil 06/16/1992
L517680 POWAY UNIFIED
SCHOOL DISTRICT
WALLER, CHERIE San
Diego Civil 02/27/1991
GIC826335 POWAY UNIFIED
SCHOOL DISTRICT SILVA,
BENJAMIN San Diego
Civil 03/01/2004
GIC790052 POWAY UNIFIED
SCHOOL DISTRICT
STEWART, JASON San
Diego Civil 06/07/2002
GIC737950 POWAY UNIFIED
SCHOOL DISTRICT
DUROCHE, CINTHIA San
Diego Civil 11/01/1999
GIC735988 POWAY UNIFIED
SCHOOL DISTRICT PARK,
TRAVIS ADAIR San Diego
Civil 09/24/1999
GIC735816-1 POWAY
UNIFIED SCHOOL DISTRICT
THE CITY OF SAN DIEGO
San Diego Civil
09/22/1999
GIC735816 POWAY UNIFIED
SCHOOL DISTRICT THE
CITY OF SAN DIEGO San
Diego Civil 09/22/1999
GIC735815-1 POWAY
UNIFIED SCHOOL DISTRICT
THE CITY OF SAN DIEGO
San Diego Civil
09/22/1999
GIC735107 POWAY UNIFIED
SCHOOL DISTRICT
CAMMELL, KEITH San
Diego Civil 09/09/1999
GIC734888 POWAY UNIFIED
SCHOOL DISTRICT MORITZ,
WILLIAM F San Diego Civil
09/03/1999
GIC733546 POWAY UNIFIED
SCHOOL DISTRICT FLORES,
PAOLO R San Diego Civil
08/12/1999
GIC732286 POWAY UNIFIED
SCHOOL DISTRICT ADAMS,
MISA San Diego Civil
07/02/1999
727768 POWAY UNIFIED
SCHOOL DISTRICT
WEISSBURG, PHILLIP N San
Diego Civil 01/29/1999
726454 POWAY UNIFIED
SCHOOL DISTRICT LANDIS,
JULIE San Diego Civil
12/09/1998
721640 POWAY UNIFIED
SCHOOL DISTRICT
MORROW, DEVIN San
Diego Civil 06/18/1998
719730 POWAY UNIFIED
SCHOOL DISTRICT
ANDREWS, DOROTHY San
Diego Civil 04/13/1998
718435 POWAY UNIFIED
SCHOOL DISTRICT
WESTERFELD, AMY San
Diego Civil 02/25/1998
718433 POWAY UNIFIED
SCHOOL DISTRICT TIMMS,
DANA L San Diego Civil
02/25/1998
716723 POWAY UNIFIED
SCHOOL DISTRICT FARLEY,
JOSEPH A San Diego Civil
12/19/1997
715762 POWAY UNIFIED
SCHOOL DISTRICT FARLEY,
JOSEPH San Diego Civil
11/17/1997
713244 POWAY UNIFIED
SCHOOL DISTRICT THE
COPLEY PRESS, INC San
Diego Civil 08/14/1997
704161 POWAY UNIFIED
SCHOOL DISTRICT COX,
ANDREA San Diego Civil
09/30/1996
700201 POWAY UNIFIED
SCHOOL DISTRICT
HARDEE, LORI BETH San
Diego Civil 05/17/1996
699893 POWAY UNIFIED
SCHOOL DISTRICT
RANDALL, JOHN San
Diego Civil 05/08/1996
698675 POWAY UNIFIED
SCHOOL DISTRICT
SHIELDS, MICHAEL D San
Diego Civil 03/29/1996
697462 POWAY UNIFIED
SCHOOL DISTRICT
CATALDO, JOSEPH San
Diego Civil 02/22/1996
697443 POWAY UNIFIED
SCHOOL DISTRICT
WIDTFELDT, JEREMIAH San
Diego Civil 02/21/1996
693005 POWAY UNIFIED
SCHOOL DISTRICT GARY,
LISA San Diego Civil
09/29/1995
691970 POWAY UNIFIED
SCHOOL DISTRICT
OSEGUERA, DANIEL San
Diego Civil 08/29/1995
690640 POWAY UNIFIED
SCHOOL DISTRICT
SHIELDS, MICHAEL
DOUGLAS San Diego Civil
07/20/1995
690419 POWAY UNIFIED
SCHOOL DISTRICT
GHORBANZAHDEH, MAZIAR
San Diego Civil 07/12/1995
687998 POWAY UNIFIED
SCHOOL DISTRICT SHILTS,
JOSHUA San Diego Civil
05/01/1995
685864 POWAY UNIFIED
SCHOOL DISTRICT
MITCHELL, MATT San
Diego Civil 02/24/1995
683605 POWAY UNIFIED
SCHOOL DISTRICT CHO,
JUSTIN San Diego Civil
12/12/1994
682279 POWAY UNIFIED
SCHOOL DISTRICT
AUSBORN, JAIME LYN San
Diego Civil 10/27/1994
682237 POWAY UNIFIED
SCHOOL DISTRICT
KIDRICK, STEPHEN KYLE
San Diego Civil
10/26/1994
679582 POWAY UNIFIED
SCHOOL DISTRICT
LUSARDI CONSTRUCTION
COMPANY San Diego Civil
08/08/1994
678645 POWAY UNIFIED
SCHOOL DISTRICT OLSON,
SARAH San Diego Civil
07/11/1994
677920 POWAY UNIFIED
SCHOOL DISTRICT
CHIRIMBES,III, PETER San
Diego Civil 06/17/1994
677054 POWAY UNIFIED
SCHOOL DISTRICT WIER
CONSTRUCTION
CORPORATION San Diego
Civil 05/20/1994
PUSD Plaintiff Central San
Diego
L523181 POWAY UNIFIED
SCHOOL DISTRICT SELECT
ELECTRIC San Diego
Civil 05/21/1991
IC735977 POWAY UNIFIED
SCHOOL DISTRICT MID-BUS
INC San Diego Civil
09/24/1999
718398-1 POWAY UNIFIED
SCHOOL DISTRICT BLACK
MOUNTAIN II PARTNERSHIP
San Diego Civil
02/25/1998
672811 POWAY UNIFIED
SCHOOL DISTRICT
MUNICIPAL COURT OF
CALIFORNIA COUNTY OF SAN
DIEGO San Diego Civil
01/11/1994
653176 POWAY UNIFIED
SCHOOL DISTRICT
MCGARRY, LINDA ANN San
Diego Civil 06/18/1992
648282-1 POWAY UNIFIED
SCHOOL DISTRICT CHOW,
JIH JUNG San Diego Civil
02/07/1992
648282 POWAY UNIFIED
SCHOOL DISTRICT CHOW,
JIH JUNG San Diego Civil
02/07/1992
644714 POWAY UNIFIED
SCHOOL DISTRICT POWAY
VALLEY CENTER San
Diego Civil 11/08/1991
640702 POWAY UNIFIED
SCHOOL DISTRICT
KLICKA/HELBOCK &
ASSOCIATES, INC. San
Diego Civil 07/31/1991
469204 POWAY UNIFIED
SCHOOL DISTRICT POWAY
UNIFIED SCHOOL DISTRICT
San Diego Civil 04/24/1981
( ????)
GIC881696 POWAY UNIFIED
SCHOOL DISTRICT ALL
PERSONS INTERESTED IN
THE MATTER OF THE
PROCEEDINGS FOR
RESOLUTION NO 39-2007
San Diego Civil
03/14/2007
GIC880865 POWAY UNIFIED
SCHOOL DISTRICT ALL
PERSONS INTERESTED IN
THE MATTER OF THE
PROCEEDINGS FOR
RESOLUTION NO 26-2007
APPROVING SITE LE San
Diego Civil 02/27/2007
GIC871530 POWAY UNIFIED
SCHOOL DISTRICT ALL
PERSONS INTERESTED IN
THE MATTER OF THE
PROCEEDINGS FOR
RESOLUTION NO 25-2006
San Diego Civil
08/25/2006
GIC866726 POWAY UNIFIED
SCHOOL DISTRICT ALL
PERSONS INTERESTED IN
THE MATTER OF THE
PROCEEDINGS FOR THE
San Diego Civil
05/31/2006
GIC863832 POWAY UNIFIED
SCHOOL DISTRICT
STEWART, LINDSEY E San
Diego Civil 04/04/2006
GIC863726 POWAY UNIFIED
SCHOOL DISTRICT ALL
PERSONS INTERESTED IN
THE MATTER FOR
RESOLUTION NO 48-2006
BETWEEN THE POWAY
UNIFIED SCHOOL DIST San
Diego Civil 04/03/2006
GIC860096 POWAY UNIFIED
SCHOOL DISTRICT GARCIA,
BARBARA San Diego Civil
01/23/2006
GIC826075 POWAY UNIFIED
SCHOOL DISTRICT ALL
PERSONS INTERESTED IN
THE MATTER OF THE
AGREEMENT BETWEEN THE
POWAY UNIFIED SCHOOL
DISTRICT AND San Diego
Civil 02/23/2004
GIC805291 POWAY UNIFIED
SCHOOL DISTRICT ALL
PERSONS INTERESTED IN
THE MATTER OF THE
APPROVAL AND EXECUTION
OF A SITE LEASE, SUBLEASE,
AND CO San Diego Civil
02/07/2003
GIC802224 POWAY UNIFIED
SCHOOL DISTRICT ALL
PERSONS INTERESTED IN
THE MATTER OF THE
AGREEMENT BETWEEN THE
POWAY UNIFIED SCHOOL
DISTRICT AND San Diego
Civil 12/19/2002
GIC795258 POWAY UNIFIED
SCHOOL DISTRICT
CALIFORNIA SPECIAL
EDUCATION HEARING
OFFICE San Diego Civil
08/30/2002 ...
North County PUSD
Plaintff---none
Case Title: N W VS
POWAY UNIFIED
SCHOOL DISTRICT
GIC865228
San Diego
Case Type: Civil
Date Filed: 05/02/2006
Category: CU-PO
PI/PD/WD - Other
Plaintiff/Petitioner
N W
WITTE MELANIE
Defendant/Respondent
MORNING CREEK
ELEMENTARY EXTENDED
SCHOOL SERVICES
POWAY UNIFIED
SCHOOL
DISTRICT
Central
03/11/11 01:30PM C-67
CV Dato, William
S.
Summary Judgment
37-2009-00104663-CU-PO-CTL
C)Poway Unified School
Dist
attorney Ryan L Church,
Stutz Artiano Shinoff &
Holtz
Unsafe stairs on trailer
during construction
This case seems to be
related to the following
case:
3) Another student assaulted by staff in Poway;
Poway High student sues RBHS principal, school district
By: SCOTT MARSHALL
May 2, 2005
VISTA ---- A Poway High School student has filed a lawsuit alleging the principal and an
assistant principal at Rancho Bernardo High School assaulted and battered him at a
basketball game between the two schools.
Mario DiNunzio, described in the lawsuit as an 18-year-old who was a minor and a
Poway High student at the time of the alleged incident, is seeking an unspecified
amount of money from the Poway Unified School District, Rancho Bernardo High School
Principal Jeffrey King, and Robert Speights, an assistant principal at the school...
The school district's The school district's district's attorney, Daniel Shinoff, Daniel
Shinoff, who said the school administrators have a "very, very different perspective"
about what happened.
"I believe that when the facts come out, it will be very much different than what the family
believes occurred," said Shinoff, who declined to comment further on the case...
The lawsuit alleges that King and Speights confronted DiNunzio when he entered the
gym and told him to leave.
King and Speights then questioned DiNunzio and kept him from leaving, the lawsuit
alleges...
The lawsuit alleges King and Speights grabbed DiNunzio by his clothes and threw him
to the ground "without provocation." The force of the alleged battery caused
DiNunzio's back to hit a drinking fountain, the lawsuit alleges.
Music teacher assaults teenager
Instead of apologizing, school has lawyer Jeffery Morris smear the victim. If the
teenager had committed the attack, he probably would have been expelled.
Adults seem to commit or allow violence against
students or other adults remarkably frequently in Poway
4) Bratcher vs. Poway Unified School District, et al.
Case No.: GIN012573
Judge: Honorable Lisa Guy-Schall
Plaintiff Counsel: Jeffrey S. Bakerink, Esq., Law Office of J. Douglas Jennings
Defense Counsel: John T. Farmer, Esq. and Susan I Filipovic, Esq. of Farmer & Case
for defendant Ralph Bernal and Daniel R. Shinoff, Esq. and Jeffrey A. Morris, Esq. of
Stutz, Gallagher, Artiano, Shinoff & Holtz for defendant Poway
Unified School District
Type of Incident:: Plaintiff, a teaching aide, claims
she sustained severe physical and emotional
injuries when she was subjected to sexual
harrassment from deft. Bernal, a teacher at
PUSD. She further claimed she was subjected to
retaliation by PUSD and her employment was
constructively terminated in violation of public
policy. She claimed medicals to date of
$90,893.95, future medicals of $721,000, lost
earnings of $36,000, requested an award of
general damages of “between $25,000 and
$25,000,000” and a finding of malice and
oppression for purposes of a punitive damage
award against deft. Bernal.
Settlement Demand: $800,000, raised to $1,7000,000
Settlement Offer: $100,000 from deft Bernal (CCP 998) and $25,000 from deft. PUSD
Trial Type: Jury
Trial Length: 7 weeks, jury out appx. 5 hours
Verdict: Defense
DANTE CALAFATO VS.
POWAY UNIFIED
SCHOOL DISTRICT
37-2009-00092112-CU-PO-CTL
Case Location: San Diego
Date Filed: 06/16/2009
Category: CU-PO
PI/PD/WD - Other
Plaintiff also: D A LEWIS
CONSTRUCTION INC
Defendant/Respondent
POWAY UNIFIED SCHOOL
DISTRICT
D A LEWIS CONSTRUCTION,
INC
ECHO PACIFIC
CONSTRUCTION INC
05/25/10 08:30AM C-69
Ex Parte
Daniel R Shinoff
KRISTIN THOMAS VS.
POWAY UNIFIED
SCHOOL DISTRICT
Case Number:
37-2009-00091306-CU-PO-CTL
Case Location: San
Diego
Date Filed: 06/05/2009
Category: CU-PO
PI/PD/WD - Other
05/26/10 08:15AM C-64 Ex
Parte
D)Poway Unified School Dist
Daniel R Shinoff
2)
Shinoff loses
Harper v. Poway
free speech
case
Court vacates 9th Circuit
ruling against anti-gay T-shirt
By Tony Mauro
First Amendment Center legal
correspondent
03.06.07
WASHINGTON — It is not
uncommon for the Supreme
Court to overturn a decision by
the 9th U.S. Circuit Court of
Appeals — especially one
written by liberal Judge
Stephen Reinhardt.
But yesterday, in a closely
watched student free-speech
case, the high court blew up a
“Reinhardt rocket” in an
unusual way. It granted review
in the case, but instead of
placing it on the docket for
oral argument, it reached
down to “vacate” or set aside
Reinhardt’s decision —
rendering it null and void
without a hearing.
The net effect of the Court’s
ruling in Harper v. Poway
Unified School District, is to
set aside a 9th Circuit
decision that had been
attacked as viewpoint-based
censorship of student speech
in the name of political
correctness. But because the
9th Circuit ruling only
pertained to a request for an
injunction against
enforcement of the school
district’s disputed policy, the
underlying school district
policy remains in place, and
is the subject of ongoing
litigation.
“This is a good day for
freedom of speech,” said
Jordan Lorence, lawyer for the
Alliance Defense Fund, which
brought the case on behalf of
Poway High School student
Tyler Chase Harper. “The
Ninth Circuit decision armed
school officials with a wide-
ranging, politically-correct
justification to censor any
student viewpoints it did not
want expressed in the school.”
Sponsored by St. John's Law
Review
Daniel Shinoff will join a
distinguished panel of
speakers for the Second
Annual Constitutional Panel
Discussion on
March 31, 2008. Invited
panelists include general
counsel for each side of the
Harper v. Poway and
Morse v. Frederick cases.
Topics to be discussed will
include the Tinker-Fraser-
Hazelwood trilogy of cases,
analysis of the Harper v.
Poway case of which Shinoff
is lead counsel, an overview
of oral arguments at the
various stages of review,
reactions to Supreme
Court jurisprudence in the
area of student speech, and
implications on current
caselaw.
from Stutz website
Poway loses two
free speech
cases