Some Claims On Behalf of Muslim Student Over Classroom Content May Proceed

In Doe v. Cape Henlopen School District, (D DE, Jan. 7, 2011), the mother of a Muslim student sued claiming that her daughter's fourth-grade teacher created a classroom environment that promoted Christianity and excluded Muslim beliefs. The suit also alleged that the daughter was traumatized by a transfer to another classroom and her friends' reactions to her after that. The Court granted defendants' summary judgment on certain of the claims but found that as to a number of others there remained genuine issues of material fact so that the claims should proceed to trial. At issue were teacher Cindy Cunningham's class discussions of the events of 9/11 and her reading of Christmas books to her class every day between Thanksgiving and Christmas. The court concluded that the issue of whether the Christmas readings violate Art. 1, Sec. 1 of the Delaware Constitution (protecting religious freedom and barring religious preferences) and the federal equal protection clause should go to trial, but dismissed claims regarding the 9/11 textbook used and a deliberate indifference claim. The court also found that the student's transfer to another classroom may have been retaliation and ordered that claim to go to trial, and refused to find at this point that defendants had qualified immunity. [corrected]