Saturday, April 11, 2009

Court Allows Students Warned Against Prayer To Proceed With Claims

In Kyriacou v. Peralta Community College District, (ND CA, March 31, 2009), a California federal district court refused to dismiss a number of constitutional challenges brought by two students who were threatened with dismissal from a community college for disruptive behavior. At issue was an incident in which student Kandy Kyriacou prayed with her instructor in an office that the instructor shared with other faculty. Another instructor objected, and also raised objections to Kyriacou's telling the second plaintiff, Ojoma Omaga, about the incident. The court rejected defendants' motion to dismiss most of plaintiffs' 1st and 14th Amendment claims. Thursday's San Jose Mercury News reports on the decision. (See prior related posting.)