This case was last updated from U.S. District Courts on 07/22/2022 at 09:51:50 (UTC).

Parker et al v. Kearney School District et al

Case Summary

On July 19, 2022, Jeremiah Parker and EP, ZP, IP, MP1, and MP2 through his next friend, Tiffaney Whitt (collectively, “Plaintiffs”), represented by Daniel G. Curry and Sarah A. Brown of Brown & Curry, LLC, filed a civil rights lawsuit against Kearney School District and Durham School Services, L.P. (collectively, “Defendants”), seeking damages for alleged racial discrimination meted out to Plaintiffs. This case was filed in the U.S. District Court for the Western District of Missouri with Judge Gary A. Fenner presiding.

The complaint stated that “Plaintiffs at all relevant times attended Defendant District’s schools, including the 2020-2021 school year, and during that time used and attempted to use Defendants’ buses.”

The complaint also stated that “during those years, the Kearney High School served between 874 and 899 students, of which between 1-percent and 1.5-percent were African American. For each of those years, more than 92-percent of the student population was white.”

Plaintiffs alleged that “the Plaintiffs moved to Kearney as a family in April of 2020. Almost immediately, the family began to encounter racial harassment,” and that “from approximately August of 2020 through approximately April of 2021, the Plaintiffs were constantly harassed on Defendants’ buses by students calling them ‘nigger,’ and asking questions like ‘Do you eat chicken and watermelon.’”

Plaintiffs also alleged that “in April of 2021, the five older plaintiffs, Jeremiah, EP, NP, ZP, and IP, were called ‘nigger’ on the bus by students, who threatened to fight, kill and hang the plaintiffs from trees,” and that “the racial harassment and threats were reported to Defendants, but Defendants did not call Plaintiff’s mother back, no follow-up occurred, and no students were reprimanded.”

Plaintiffs then alleged that “Defendant Durham and Defendant School District further required an agreement from Plaintiffs and his family for Plaintiffs to ride the bus, including policies, handbook provisions and other forms that created a quasi-contract and/or contract implied in law that bus services for the Plaintiffs would be safe and not a site for racial harassment.”

Plaintiffs further alleged that “Defendants failed to train their employees to effectively and promptly end racial harassment occurring in their schools and buses,” and that “the ongoing, continuing racial harassment Plaintiffs suffered at the Kearney school district created a hostile educational environment that denied them educational opportunities, equal access to the Defendant’s resources and opportunities, and adversely affected their educational experiences.”

Plaintiffs additionally alleged that “Plaintiffs, and plaintiffs’ family members on their behalf, repeatedly reported the racial harassment to Defendant School District employees, including administrators and teachers who had the authority to end the harassment.”

Plaintiffs also alleged that “the Defendant School District had actual knowledge of the ongoing racial harassment of Plaintiffs and the ongoing racially hostile learning environment they faced at their schools and on their buses and in their programs.”

Plaintiffs then alleged that “as a result of the harassment, Plaintiffs experienced emotional distress in the form of anxiety, fear and depression, and other manifestations; they were denied educational opportunities and transportation; and they incurred expenses.”

Plaintiffs presented two claims for relief alleging violation of Title VI of the Civil Rights Act of 1964 and Section 1981, racial harassment.

In the prayer for relief, Plaintiffs requested actual, compensatory and punitive damages, as well as costs and attorneys’ fees.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:22-CV-00454

  • Filing Date:

    07/19/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Education Discrimination

Judge Details

Presiding Judge

Gary A. Fenner

 

Party Details

Plaintiffs

Jeremiah Parker

EP

ZP

IP

MP1

MP2

Tiffaney Whitt

NP

Defendants

Kearney School District

Durham School Services, L.P.

Attorney/Law Firm Details

Plaintiff Attorneys

Sarah Alderks Brown

Attorney at Brown & Curry, LLC

1600 Genessee Street, Suite 956

Kansas City, MO 64102

Daniel G. Curry

Attorney at Brown & Curry, LLC

1600 Genessee Street, Suite 956

Kansas City, MO 64102

 

Court Documents

1 #1

Main Document

1 #1

Exhibit Exhibit A

1 #2

Civil Cover Sheet Civil Cover Sheet

2 #2

Main Document

2 #1

MAP General Order

 

Docket Entries

  • 07/19/2022
  • View Court Documents
  • Docket(#2) NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Crocker, Susan) (Entered: 07/19/2022)

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  • 07/19/2022
  • View Court Documents
  • Docket(#1) COMPLAINT against Durham School Services, L.P., Kearney School District filed by Daniel G. Curry on behalf of All Plaintiffs. Filing fee $402, receipt number AMOWDC-8023403. Service due by 10/17/2022 unless otherwise directed by the court. (Attachments: #1 Exhibit Exhibit A, #2 Civil Cover Sheet Civil Cover Sheet)(Curry, Daniel) (Main Document 1 replaced on 7/19/2022) (Crocker, Susan). (Entered: 07/19/2022)

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