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New Iqbal Pleading Standard Leads To Dismissal of Part of School-Music Lawsuit

By Howard M. Friedman

In S.D. v. St. Johns County School District, (MD FL, July 29, 2009), a Florida federal district court applied the Supreme Court's new pleading standards announced in Ashcroft v. Iqbal to dismiss a portion of a lawsuit claiming that a school's music program violated free exercise and establishment clause constraints. The suit alleged that three Florida public school music teachers chose songs that were religious in nature for students to perform. (See prior posting.) The lawsuit was brought against the school district. It was also brought against the school principal and three teachers in their individual, as well as their official, capacities. (Full text of amended complaint.) The court held that the claims against defendants in the individual capacities did not meet the Iqbal test and so dismissed them as defendants. However the court refused to dismiss claims against the school district. Yesterday's Jacksonville (FL) News reported on the decision.

Full post as published by Religion Clause on August 04, 2009 (boomark / email).