Case 2:24-cv-11745-SDK-EAS ECF No. 1, PageID.

1 Filed 07/07/24 Page 1 of 29

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

S.C., a minor, by and through her parent

and natural guardian, CHERYL CROWE;
P.J.H, a minor, by and through his parent,
ANTOINETTE JAMES; Case No.
E.J, a minor, by and through his parent, Honorable
ANTOINETTE JAMES;
D.J.G., a minor, by and through his parent,
BRANDON GNASS;
A.G., a minor, by and through his parent,
BRANDON GNASS;

Plaintiffs,
vs.

PINCKNEY COMMUNITY SCHOOLS,

RICK TODD, LORI SANDULA, and
JANET MCDOLE

Defendants.
MICHAEL L. JONES (P85223)
JONATHON R. MARKO (P72450)
MARKO LAW, PLLC
Attorneys for Plaintiff
220 W. Congress, 4th Floor
Detroit, MI 48226
P: (313) 777-7529/ F: (313) 470-2011
[email protected]

There is no other pending civil action arising out of the transaction or

occurrence alleged in this Complaint.

Page 1 of 29
 Case 2:24-cv-11745-SDK-EAS ECF No. 1, PageID.2 Filed 07/07/24 Page 2 of 29

COMPLAINT AND JURY DEMAND

Plaintiffs, by and through their attorneys, Marko Law, PLLC, for their

complaint against the above-named Defendant, states as follows:

INTRODUCTION

1. This is a civil rights case brought by several students against

Pinckney Community Schools.

2. Racism has permeated Pinckney Community Schools for years.

3. African American students have been called “cotton picker,”

“monkey,” “N-word,” told they “don’t belong,” physically assaulted, racially

profiled, and even threatened to be killed because of their skin color. And

throughout all of this, Pinckney Community Schools turned a blind eye and

failed to meaningfully address the racism once and for all.

4. As a result, African American students in Pinckney Community

Schools have suffered emotional trauma and substantial disruption to their

education. Several have left the district out of fear for their physical, personal,

and educational well-being.

JURISDICTION AND VENUE

5. Plaintiff re-alleges and incorporates by reference the preceding

paragraphs as if fully set forth herein.

Page 2 of 29
Case 2:24-cv-11745-SDK-EAS ECF No. 1, PageID.3 Filed 07/07/24 Page 3 of 29

6. This action arises under the Fourteenth Amendment to the United

States Constitution, the Civil Rights Act of 1871, 42 U.S.C. § 1983; Title VI

of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, and the Elliott-Larsen

Civil Rights Act, MCL 37.2101, et seq.

7. This Court has jurisdiction to hear this Complaint and to

adjudicate the claims stated herein pursuant to 28 U.S.C. § 1331 because the

matters in controversy arise under the Constitution and laws of the United

States of America.

8. The Court also has supplemental jurisdiction with respect to

claims arising under state law pursuant to 28 U.S.C. § 1367.

9. This Court has personal jurisdiction over Defendant because

Defendant Pinckney Community Schools is a public agency of the State of

Michigan with its headquarters and activities located in Livingston County,

Michigan.

10. Venue is proper in the United States District Court for the Eastern

District of Michigan pursuant to 28 U.S.C. § 1391 because the events giving

rise to this Complaint occurred in Livingston County, Michigan and

Defendant resides in Livingston County, Michigan.

PARTIES

Page 3 of 29
Case 2:24-cv-11745-SDK-EAS ECF No. 1, PageID.4 Filed 07/07/24 Page 4 of 29

11. Plaintiffs re-alleges and incorporates by reference the preceding

paragraphs as if fully set forth herein.

12. Plaintiff S.C., a minor, by and through her parent and guardian

Cheryl Crowe, attended Pathfinder Middle School at all relevant times. She is

an African American female, domiciled in Livingston County, Michigan. At

all relevant times up to the present, S.C. was a student at Pathfinder Middle

School.

13. Plaintiff P.J.H., a minor, by and through his parent and guardian,

Antoinette James, attended Pathfinder Middle School at all relevant times. He

is an African American male, domiciled in Livingston County, Michigan. At

all relevant times up to 2022, P.J.H had been a student at Pathfinder Middle

School.

14. Plaintiff, E.J., a minor, by and through his parent and guardian,

Antoinette James, attended Pathfinder Middle School at all relevant times.

African American male, domiciled in Livingston County, Michigan. At all

relevant times up to the present, E.J. has been a student at Pathfinder Middle

School

15. Plaintiff D.J.G., a minor, by and through his parent and guardian,

Brandon Gnass, attended Pathfinder Middle School at all relevant times. He

is an African American male, domiciled in Livingston County, Michigan. At

Page 4 of 29
Case 2:24-cv-11745-SDK-EAS ECF No. 1, PageID.5 Filed 07/07/24 Page 5 of 29

all relevant times up to 2023, D.J.G. has been a student at Pathfinder Middle

School.

16. Plaintiff A.G., a minor, by and through his parent and guardian,

Brandon Gnass, attended Pathfinder Middle School at all relevant times.

African American male, domiciled in Livingston County, Michigan. At all

relevant times up to 2023, A.G. has been a student at Pathfinder Middle

School.

17. Defendant Pinckney Community School is a public agency of the

State of Michigan with its headquarters and

activities located in Livingston County, Michigan.

18. Pinckney Community Schools contains six

schools and about 2,332 students. The student body at the schools served by

Pinckney Community Schools is 92.3% White. The district’s minority

enrollment is about 10%.

19. Defendant Rick Todd was the superintendent of Pinckney

schools. Defendant Todd has personal knowledge of the racism within his

district for at least the last decade. Yet, he has failed to take any meaningful

action to correct the problem. Upon information and belief, Defendant Todd

lives in Livingston County, Michigan.

Page 5 of 29
 Case 2:24-cv-11745-SDK-EAS ECF No. 1, PageID.6 Filed 07/07/24 Page 6 of 29

20. Defendant Lori Sandula was the principal of Pathfinder School

within Pinckney Community Schools. Upon information and belief,

Defendant Sandula lives in Livingston County, Michigan.

21. Defendant Janet McDole was the principal of Navigator School

within Pinckney Community Schools. Upon information and belief,

Defendant McDole lives in Livingston County, Michigan.

22. Upon information and belief, the district does not employ one

African American employee.1

STATEMENT OF FACT

23. Plaintiff re-alleges and incorporates by reference the preceding

paragraphs as if fully set forth herein.

24. Racism has permeated Pinckney Community Schools for years.

25. Defendant actually knew of the racism permeating its schools for

years.

26. On December 26, 2012, Rick Todd, Superintendent of Pinckney

Community Schools knew about students subjecting minority students to

derogatory comments, ethnic and racial slurs, and physical threats and attacks

based on race and/or national origin. (Exhibit 1) District staff and

1
Staff | District (pinckneypirates.org); https://www.pinckneypirates.org/0/district/staff?filter_id=%5B67725%5D

Page 6 of 29
 Case 2:24-cv-11745-SDK-EAS ECF No. 1, PageID.7 Filed 07/07/24 Page 7 of 29

administrators were aware of the harassment but failed to take appropriate

action to stop the harassment or prevent its reoccurrence.

27. Defendant’s deliberate indifference to repeated discrimination

complaints has emboldened racist behavior within the district.

28. This indifference created a hostile educational environment.

29. Defendant’s applicable discipline guidelines were included in the

Student Handbook for the 2022-2023 school year. 2

30. Defendant had a progressive discipline policy for “like” offenses

and classifies the infractions into six groups.

31. Less severe infractions allowed Defendant to issue less

exclusionary discipline for initial offenses. However, for more severe

infractions such as harassment involving race, students receive more severe

penalties for the first offense.

32. Specifically, the discipline code provided for the following:

a. Group I infractions included offenses such as dress code violation,

inappropriate language/profanity, and minor misconduct. The

discipline penalties for infraction in this group range from a warning to

out-of-school suspension (OSS).

2
22-23 6-12 PCS Secondary Student Handbook - Google Docs

Page 7 of 29
Case 2:24-cv-11745-SDK-EAS ECF No. 1, PageID.8 Filed 07/07/24 Page 8 of 29

b. Group II infractions involve offenses such as disrespect to school staff,

gross inappropriate language, disrupting the learning process. The

discipline penalties for infractions in this group range from student

conference to 10-day OSS and possible expulsion.

c. Group III infractions involve harassment, bullying, intimidation,

creating an unsafe environment, and violating state law and ordinances.

The discipline penalties for infractions in this group range from student

conference to out-of-school suspension and possible expulsion.

d. Group IV infractions involve aggressive behavior, harassment

involving race, ethnicity, nationality, ability, etc. The consequences for

these offenses range from research assignments to out-of-school

suspension and possible expulsion.

e. Group V infractions include assault/battery and gross sexual

misconduct. The consequence for these offenses ranges from OSS up

to 10 days to possible expulsion.

f. Group VI includes arson, bomb threats, and possession of a dangerous

weapon. The discipline penalties for the first offense range from OSS

to police notification.

33. White students do not suffer meaningful consequences for their

actions.

Page 8 of 29
Case 2:24-cv-11745-SDK-EAS ECF No. 1, PageID.9 Filed 07/07/24 Page 9 of 29

34. Teachers are present when slurs are used against African

American students, administrators are informed of racist behaviors, including

physical assaults, and parents routinely escalate racist incidents to principals

and the superintendent. Yet, Defendant has failed to take meaningful action.

35. Teachers and administrators publicly single out African

American students who are targeted by white students, forcing African

American students to separate from class as a result of discrimination.

PLAINTIFF S.C.

36. During the 2022-2023, S.C. was a student in Defendant’s

Pathfinder Middle School.

37. S.C. has been called the “N word,” “cotton picker,” “monkey,”

told she does not belong, physically assaulted, racially profiled, and subjected

to viewpoint discrimination and censorship because of her skin color – all of

this while attending Pathfinder Middle School.

38. Plaintiff has attempted to avoid the harassers by hiding in the

hallways from the harassers until the harassers report to class before she walks

down the hall. In response, she has been written up by the district for being

tardy to class.

39. School staff have little, if any, proper training, or experience with

respect to properly responding to reports of racism.

Page 9 of 29
Case 2:24-cv-11745-SDK-EAS ECF No. 1, PageID.10 Filed 07/07/24 Page 10 of 29

40. Administrators have admitted that teachers in the district do not

know what they are doing with respect to racial issues.

41. Notably, Defendant does not dispute the rampant racism within

its schools, but nonetheless, has failed and continues to fail to take any

meaningful action to protect its African American students and eliminate the

substantial disruption to their education.

42. Teachers and administrators routinely bear witness to white

students discriminating against African American students.

43. In June 2023, Defendant’s superintendent Rick Todd

acknowledged Pinckney Community Schools has racial equity issues and

Pinckney Community Schools did not meet the standard when addressing past

incidents.

44. Plaintiff has suffered and continues to suffer emotional trauma as

a result of Defendant’s conduct.

PLAINTIFF P.J.H.

45. P.J.H. was a student at Pathfinder Middle School during the

2021-2022 school year.

46. P.J.H. was the victim of ongoing ethnic intimidation.

47. On December 8, 2021, students called P.J.H. “n*****,” and used

the “N word” in front of P.J.H.

Page 10 of 29
Case 2:24-cv-11745-SDK-EAS ECF No. 1, PageID.11 Filed 07/07/24 Page 11 of 29

48. Around the same time, students made comments to P.J.H. like,

“Wakanda forever my brother.” Wakanda forever was in reference to a 2018

American superhero film based on the Marvel Comics Black Panther

character. It starred African American actor Chadwick Boseman as

T’Challa/Black Panther.

49. Around the same time, P.J.H. witnessed white students tease

students of Indian ethnicity by asking if the white students could put a red dot

on their forehead.

50. On or about December 9, 2021, Plaintiff James met with

principal Lori Sandula to report the harassment.

51. Ms. James also reported to Sandula and superintendent Rick

Todd that students sent P.J.H. harassing messages through social media (Snap

Chat). The image portrayed two African American young males dancing

shirtless in a simulated sexual act. The students wrote, “(P.J.H.) is gay.”

52. Ms. James requested Principal Sandula and Superintendent Todd

take action to correct the racial and sexual harassment.

53. On or about February 17, 2022, P.J.H. got into an altercation with

another student in response to racial harassment.

54. In response, Defendant suspended P.J.H.

Page 11 of 29
Case 2:24-cv-11745-SDK-EAS ECF No. 1, PageID.12 Filed 07/07/24 Page 12 of 29

55. Through the month of March 2022, Plaintiff James scheduled a

meeting with the Assistant Superintendent of curriculum, instruction and

assessment, Superintendent Todd, and Principal Sandula.

56. Defendant cancelled the meeting and another meeting never

happened.

57. On March 24, 2022, Plaintiff James reported to Sandula, Todd,

and Kieher that her son had been called the “N-Word” again and was being

taunted about fighting in the bathroom.

58. On the last week of school, Defendant suspended P.J.H. for

fighting because he stood up to the racist bullies and got into a fight.

59. In or around October 2022, Plaintiff James received a phone call

from the school officer asking for permission to interrogate P.J.H. The officer

claimed a report was made the P.J.H. sent a threatening text to a student. This

was not true.

60. In or around December 2022, P.J.H. received an email calling

him the N-word.

61. Plaintiff James immediately reported it to the school.

62. Upon information and belief, the school did nothing in response.

63. In the Spring of 2023, P.J.H. was told to go back to picking cotton

in the fields.

Page 12 of 29
Case 2:24-cv-11745-SDK-EAS ECF No. 1, PageID.13 Filed 07/07/24 Page 13 of 29

64. Plaintiff James reported the discrimination and hostile

environment.

65. Defendant did nothing in response.

PLAINTIFF E.J.

66. Plaintiff E.J. was a student at Pathfinder Middle School.

67. Student subjected E.J. to racial slurs, such as “monkey,” and

“N***er.”

68. The racial slurs upset E.J., and he began to act out in class.

69. Defendants punished E.J. with written discipline and

suspensions.

70. Defendants failed to correct the racist behavior.

PLAINTIFF D.J.G.

71. In 2021-2022, Plaintiff D.J.G. was a fifth grader at Navigator

Upper Elementary School.

72. His teacher was Elizabeth McHugh.

73. On December 13, 2021, McHugh intercepted a note that was

being passed among the kids.

74. The note stated “n-word pass.” In other words, this note

purported to give the kids a pass to say the n-word.

75. Ms. McHugh gave the note to Defendant McDole.

Page 13 of 29
Case 2:24-cv-11745-SDK-EAS ECF No. 1, PageID.14 Filed 07/07/24 Page 14 of 29

76. Defendant Pinckney Community Schools claimed it investigated

the incident.

77. DJ’s parents never heard any response from the school.

78. Upon information and belief, the school did nothing in response.

79. On April 20, 2022, four classmates called DJ the “N-word” at

recess. Three of the classmates repeatedly said the word.

80. D.J. reported bullying to the Navigator Principal, Janet McDole.

81. The school failed to take meaningful action.

82. On April 21, 2022, D.J.G. five classmates called DJ the “N-

word” at recess. Four of the classmates repeatedly said the word to DJ.

83. DJ did not report this incident based upon the school’s response

to his complaint the prior day. DJ felt the school did not take his complaint

seriously.

84. Plaintiff Brandon Gnass and his wife emailed Defendant McDole

the names of the boys that called DJ the n-word.

85. Plaintiff Brandon and his wife contacted the father of one of the

children calling DJ the “n-word” at school. The school had not informed him

about the “n-word” incident. The father stated his son admitted to calling DJ

the “n-word” and to the events DJ described.

86. The father stated the school never disciplined his child.

Page 14 of 29
Case 2:24-cv-11745-SDK-EAS ECF No. 1, PageID.15 Filed 07/07/24 Page 15 of 29

87. The father of the child called the school to question why they

failed to bring this racial harassment issue to his attention. The principal told

him she did not want to bring negative attention to the situation or for the

children to be labeled racist.

88. One of the students who targeted D.J. by calling him the “N-

word” continued to pester him throughout the week, telling him, “Well you

are one.”

89. Again, D.J.’s parents emailed Superintendent Rick Todd to report

the incident.

90. Defendants did nothing in response.

91. As a result of the bullying and Defendants failure to correct it,

D.J. asked his parents to transfer schools.

92. On November 11, 2022, D.J. reported a classmate saying the “N-

word.”

93. Defendant failed to address the inherent racism involved in the

incident.

94. On a separate occasion, a classmate referred to D.J. as “nigglet.”

95. On every occasion, Defendants failed to correct the racist

behaviors within Pinckney Community Schools.

PLAINTIFF A.G.

Page 15 of 29
Case 2:24-cv-11745-SDK-EAS ECF No. 1, PageID.16 Filed 07/07/24 Page 16 of 29

96. In 2022-2023, Plaintiff A.G. attended Navigator Upper

Elementary School.

97. His teacher was Margaret O’Brien.

98. On or about January 5, 2022, A.G.’s classmate called A.G a dumb

Black kid in front of Ms. O’Brien.

99. Ms. O’Brien did not respond or do anything.

100. A.G. requested his parents pick him up from school that day

because he was so upset that his teacher did not care for or act on his behalf

when the incident occurred in front of her.

101. Defendant Pinckney Community Schools failed to contact the

harasser’s parents.

102. On or about November 22, 2022, a student made racial slurs

against A.G.

103. In response, A.G. pushed the student, and the student started to

choke A.G. before they were eventually separated.

104. A.G. was suspended for two days following this incident.

105. Between January 25, 2023, through February 15, 2023, A.G. was

subjected to racial harassment by a fellow student.

106. The fellow student called A.G. several racial epithets, including

the “N-word,” and “hoodlum” on multiple occasions.

Page 16 of 29
Case 2:24-cv-11745-SDK-EAS ECF No. 1, PageID.17 Filed 07/07/24 Page 17 of 29

107. A.G. pushed the student.

108. Defendants suspended A.G. for two days.

109. On February 15, 2023, A.G. was playing basketball in P.E. when

a student made a racially prejudiced remark to him, stating “that’s what your

kind does.”

110. On April 6, 2023, the same student that was racially harassing

A.G. previously told other students that he “doesn’t like people that don’t have

the same skin color as him.”

111. Defendant Sandula knew the student made the remark.

112. Defendants failed to take meaningful action to end the racism

within the school.

113. On April 13, 2023, A.G. was called “a monkey” by a fellow

classmate.

114. Upon information and belief, the school did nothing in response.

CAUSE OF ACTION

COUNT I
Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

115. Plaintiffs incorporate by reference the allegations set forth in the

paragraphs above.

Page 17 of 29
Case 2:24-cv-11745-SDK-EAS ECF No. 1, PageID.18 Filed 07/07/24 Page 18 of 29

116. Title VI prohibits discrimination on the basis of race, color, or

national origin by recipients of Federal financial assistance from the

Department of Education.

117. As a recipient of Federal financial assistance from the

Department, Defendant is subject to Title VI.

118. Harassment on the basis of race, color, or national origin is a form

of discrimination prohibited by Title VI.

119. Racial harassment is abusive or intimidating behavior, based on

race, which is sufficiently severe, persistent, or pervasive that it creates a

hostile environment that interferes with an individual’s ability to participate

in or benefit from a recipient’s program.

120. Defendant violated Title VI because it effectively caused,

encouraged, accepted, tolerated, or failed to correct a hostile environment,

based on race, of which it had actual or constructive notice.

121. During the 2022-2023 school year, Plaintiff S.C. was a student at

Pathfinder Middle School.

122. During the 2021-2022 school year, Plaintiff P.J.H. was a student

at Pathfinder Middle School.

123. During the 2021-2022 school year, Plaintiff D.J.G. was a student

at Navigator Upper Elementary School.

Page 18 of 29
Case 2:24-cv-11745-SDK-EAS ECF No. 1, PageID.19 Filed 07/07/24 Page 19 of 29

124. During the 2022-2023 school year, Plaintiff A.G. was a student

at Navigator Upper Elementary School.

125. During the 2023-2024 school year, Plaintiff E.J. was a student at

Pathfinder Middle School.

126. All Plaintiffs identify as African American.

127. Plaintiff S.C. has been called the “N-word,” and “cotton picker”

at school, by her classmates.

128. Plaintiff S.C. and other parents reported the harassment to

Defendant.

129. Defendant failed to address the harassment.

130. Plaintiff P.J.H. has been called the “N-word,” and other racial

epithets at school, by his classmates.

131. Plaintiff P.J.H. witnessed other students racially harass students

of Indian ethnicity.

132. Plaintiff P.J.H. has also been subjected to racial harassment via

social media and email, by his classmates.

133. Plaintiff P.J.H. and other parents reported harassment to

Defendant.

134. Defendant failed to address the harassment.

Page 19 of 29
Case 2:24-cv-11745-SDK-EAS ECF No. 1, PageID.20 Filed 07/07/24 Page 20 of 29

135. Plaintiff D.J.G. has been called the “N-word” at school, by his

classmates.

136. Plaintiff D.J.G. and other parents reported the harassment to

Defendant.

137. Defendant failed to address the harassment.

138. Plaintiff A.G. has been called the “N-word,” “hoodlum,” and

“monkey” at school, by his classmates.

139. Plaintiff A.G. and other parents reported the harassment to

Defendant.

140. Defendant failed to address the harassment.

COUNT II
42 U.S.C § 1983
Violation of Due Process – 14th Amendment
(As to Defendants Sandula, Todd, and McDole)

141. Plaintiffs, as students in a school operated, managed, and

supervised by Defendant, has rights under the Equal Protection clause of the

Fourteenth Amendment to the United States Constitution and 42 U.S.C. §

1983. Defendant had a duty to secure and protect these rights.

142. Instead, Defendant condoned and encouraged racial

intimidation, thereby fostering future violations.

143. Defendant’s conduct was reckless, outrageous, and upon

information and belief, deliberate.

Page 20 of 29
Case 2:24-cv-11745-SDK-EAS ECF No. 1, PageID.21 Filed 07/07/24 Page 21 of 29

144. As a direct and proximate result of the unconstitutional acts of

Defendant, each Plaintiff suffered violations of his or her rights to be protected

against injury to her health, property, and liberty.

145. Plaintiffs seek compensatory and punitive damages, costs, and

attorney fees, pursuant to 42 U.S.C. § 1988, and declaratory and injunctive

relief.

COUNT III
Violation of Elliot Larsen Civil Rights Act—Creating and Failing to Prevent a
Racially Hostile Education Environment

146. The preceding paragraphs are incorporated by reference.

147. Based on the facts, as asserted herein, Defendants— “persons”

as that term is defined by MCL § 37.2103(g)—denied Plaintiffs the full and

equal access to and enjoyment of Pinckney Community Schools and its

resources, facilities, and services on account of their race.

148. Defendants were the entities responsible for providing a safe

educational environment for Plaintiffs.

149. By subjecting Plaintiffs to racial animus and harassment, and

additionally to harassment and bullying by other students on account of race,

Defendants’ acts and omissions have created a racially hostile environment,

and created abusive and intimidating conditions, depriving Plaintiffs of a safe

educational environment.

Page 21 of 29
Case 2:24-cv-11745-SDK-EAS ECF No. 1, PageID.22 Filed 07/07/24 Page 22 of 29

150. The foregoing violations of the ELCRA caused substantial

damages to Plaintiffs as alleged herein, including without limitation, severe

and permanent psychological damages, and emotional distress.

151. Defendants’ acts and/or omissions proximately caused these

injuries.

COUNT IV
Violation of ELCRA – Retaliation
(As to all Defendants)
152. Plaintiffs hereby incorporate all other paragraphs of this

Complaint as if fully set forth herein.

153. Defendant Pinckney Community Schools was a public service

under the ELCRA, MCL 37.2101 et seq. and MCL 37.2301.

154. Defendants’ acts and omissions constituted racial harassment and

violated Plaintiffs’ rights under the ELCRA by subjecting Plaintiffs to a

racially hostile environment.

155. Defendants were the entities responsible for providing a safe

educational environment for Plaintiffs.

156. After Plaintiffs complained about the racial harassment and

discrimination, Defendants retaliated against Plaintiff by declining to

meaningfully investigate the matter, discipline harassers, or to otherwise

comply with their responsibilities in accordance with the ELCRA. Defendants

Page 22 of 29
Case 2:24-cv-11745-SDK-EAS ECF No. 1, PageID.23 Filed 07/07/24 Page 23 of 29

further retaliated against Plaintiffs by failing to protect Plaintiffs from further

abuse.

157. The foregoing violations of the ELCRA caused substantial

damages to Plaintiff as alleged herein, including without limitation, severe

and permanent psychological damages, and emotional distress.

158. Defendants’ acts and/or omissions proximately caused these

injuries.

159. Plaintiff hereby incorporates all other paragraphs of this

Complaint as if fully set forth herein.

160. Defendant Pinckney Community Schools was a public service

under the ELCRA, MCL 37.2101 et seq. and MCL 37.2301.

161. Defendants’ acts and omissions constituted racial harassment

and violated Plaintiffs’ rights under the ELCRA by subjecting Plaintiff to

unwelcome racial epithets and slurs.

162. Defendants were the entities responsible for providing a safe

educational environment for Plaintiffs.

163. Plaintiffs’ race was at least one factor in his treatment by

Defendants.

Page 23 of 29
Case 2:24-cv-11745-SDK-EAS ECF No. 1, PageID.24 Filed 07/07/24 Page 24 of 29

164. Plaintiffs were discriminated against on the basis of their race,

both in the racial harassment by peers, and the way in which Defendant

Pinckney Community Schools and its officials responded to the assaults and

failed to address the harassment and bullying Plaintiffs experienced as a result

thereafter.

165. Defendants are vicariously liable for the acts and omissions of

their employees/agents under the doctrine of respondeat superior.

166. The foregoing violations of the ELCRA caused substantial

damages to Plaintiffs as alleged herein, including without limitation, severe

and permanent psychological damages, and emotional distress.

167. Defendants’ acts and/or omissions proximately caused these

injuries.

COUNT V
Violation of ELCRA – Discrimination
(As to all Defendants)

168. Plaintiff hereby incorporates all other paragraphs of this

Complaint as if fully set forth herein.

169. Defendant Pinckney Community Schools is a public service

under the ELCRA, MCL 37.2101 et seq. and MCL 37.2301.

Page 24 of 29
Case 2:24-cv-11745-SDK-EAS ECF No. 1, PageID.25 Filed 07/07/24 Page 25 of 29

170. Defendants’ acts and omissions constitute racial harassment and

violate Plaintiffs’ rights under the ELCRA, MCL 37.2103(h)(i)(ii)(iii) by

subjecting Plaintiffs to unwelcomed racial comments.

171. Defendants were the entities responsible for providing a safe

educational environment for Plaintiffs.

172. Plaintiffs’ race was at least one factor in their treatment by

Defendants.

173. Plaintiffs were discriminated against on the basis of his race, both

in the discipline from individual Defendants, and the way in which Defendant

Pinckney Community Schools and its officials responded to the assaults and

failed to address the harassment and bullying Plaintiffs experienced as a result

thereafter.

174. Defendants are vicariously liable for the acts and omissions of

their employees/agents under the doctrine of respondeat superior.

175. The foregoing violations of the ELCRA caused substantial

damages to Plaintiffs as alleged herein, including without limitation, severe

and permanent psychological damages, and emotional distress.

176. Defendants’ acts and/or omissions proximately caused these

injuries.

Page 25 of 29
Case 2:24-cv-11745-SDK-EAS ECF No. 1, PageID.26 Filed 07/07/24 Page 26 of 29

DAMAGES

177. The preceding paragraphs are incorporated by reference.

178. The acts and omissions of Defendants constituted a violation of

Plaintiffs’ constitutional, statutory, and common law rights were and are a

proximate cause of Plaintiffs’ damages.

179. As a result of Defendants’ acts and omissions, Plaintiffs have

suffered emotional and physical injuries all of which are ongoing, and

resulting in damages including, but not limited to:

a. Emotional distress;

b. Loss of personal freedom and liberty;

c. Pain and suffering;

d. Exemplary damages;

e. An award of punitive damages;

f. Reasonable attorney fees and costs;

g. All other such relief which appears reasonable and just under the

circumstances.

WHEREFORE Plaintiffs, S.C., P.H.J., D.J.G., and A.G. pray that this

Honorable Court grant judgment in favor of Plaintiffs and against Defendants in

whatever amount Plaintiffs are found to be entitled, together with interests, costs,

and attorney fees.

Page 26 of 29
Case 2:24-cv-11745-SDK-EAS ECF No. 1, PageID.27 Filed 07/07/24 Page 27 of 29

Respectfully submitted,

/s/ Michael L. Jones

MICHAEL L. JONES (P85223)
Jonathan R. Marko (P72450)
MARKO LAW, PLLC
220 W. Congress, Fourth Floor
Detroit, MI 48226
Ph : (313) 777-7529 / F : (313) 470-2011
Dated: July 7, 2024 Email:[email protected]

Page 27 of 29
Case 2:24-cv-11745-SDK-EAS ECF No. 1, PageID.28 Filed 07/07/24 Page 28 of 29

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

S.C., a minor, by and through her parent

and natural guardian, CHERYL CROWE;
P.J.H, a minor, by and through his parent,
ANTOINETTE JAMES; Case No.
E.J, a minor, by and through his parent, Honorable
ANTOINETTE JAMES;
D.J.G., a minor, by and through his parent,
BRANDON GNASS;
A.G., a minor, by and through his parent,
BRANDON GNASS;

Plaintiffs,
vs.

PINCKNEY COMMUNITY SCHOOLS,

RICK TODD, LORI SANDULA, and
JANET MCDOLE

Defendants.
MICHAEL L. JONES (P85223)
JONATHON R. MARKO (P72450)
MARKO LAW, PLLC
Attorneys for Plaintiff
220 W. Congress, 4th Floor
Detroit, MI 48226
P: (313) 777-7529/ F: (313) 470-2011
[email protected]

JURY DEMAND

NOW COMES Plaintiff, JULIA KINSEY, by and through her attorneys, MARKO

LAW, PLLC, and hereby demands a trial by jury in the above-captioned matter.

Page 28 of 29
Case 2:24-cv-11745-SDK-EAS ECF No. 1, PageID.29 Filed 07/07/24 Page 29 of 29

Respectfully submitted,

/s/ Michael L. Jones

MICHAEL L. JONES (P85223)
Jonathan R. Marko (P72450)
MARKO LAW, PLLC
220 W. Congress, Fourth Floor
Detroit, MI 48226
Ph : (313) 777-7529 / F : (313) 470-2011
Dated: July 7, 2024 Email:[email protected]

Page 29 of 29