School Board Member Dismissed As Defendant Cannot Continue In Case

In federal district court in Delaware, Judge Joseph Farnan has said that Indian River school board member Reginald Helms may not continue to be represented in court once he has been dismissed as a defendant in a case challenging the constitutionality of explicitly Christian prayers at school functions. Only the school district remains as a defendant, and it is being represented by lawyers for its insurance company. The Wilmington News-Journal today reports on the ruling. Helms, represented by high-profile Wilmington lawyer Thomas Neuberger, had contended that a judgment against the school district would still impact his personal First Amendment rights, but Judge Farnan said that if that were the case, Helms would need to file a separate suit. Meanwhile, the school district's insurers are claiming that they should be able to stop paying for the district's defense because the school board voted down a settlement offer from plaintiffs.

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.