Friday, August 05, 2005

Some School Prayer Claims Dismissed On Procedural Grounds

In Dobrich v. Walls, (D.Del., Aug. 2, 2005), a Delaware federal district court dismissed on procedural grounds a number of claims challenging an extensive pattern of school sponsored prayer at functions, events and School Board meetings in the Indian River School District. However some of the plaintiffs' claims were permitted to go forward. Some, but not all of the claims were dismissed on standing grounds. Defendants' statute of limitations defense was rejected. Claims against school board members in their individual capacities were dismissed on a finding that they had immunity from liability because their actions were legislative in nature.