Federal Court Declines Parent’s Claim That School Violated Rights

A senior district judge has granted a defendant school district’s motion to dismiss a parent’s complaint, pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6), after finding that restrictions placed upon the plaintiff regarding his presence at athletic events does not constitute “an impermissible retaliation for his exercise of free speech rights.”   There were several events that led up to plaintiff Thomas Cunningham’s allegation that his First Amendment rights were violated by Lena