A.W. et al v. Davis School District

Filing 1

Case has been indexed and assigned to Magistrate Judge Evelyn J. Furse. Plaintiffs A.W., C.W. is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 350.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts PDF version and email it to [e-mail] for issuance. (jds)

CIVIL COVER SHEET

JS 44 (Rev. 09111)

The JS 44 civil cover sheet and the information contain~d herein neither replace nor supplement the filing and service ofpleadings or other papers as required by law, except as pro::ided
by local rules of court. This form, approved by the JudIcIal Conference ofthe Untted States m September 1974, IS reqUIred for the use of the Clerk of Court for the purpose oftnlttatmg
the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE' OF THIS FORM)

DEFENDANTS

I. (a) PLAINTIFFS
A.W. and C.W" by and through their mother TIna Weber, individually and
on behalf of others similarly situated
(b) County of Residence of First Listed Plaintiff Davis County
(EXCEPT IN

(IN

NOTE:

(c) Attorneys (Firm Name,

Davis School District

County of Residence of First Listed Defendant

us. PLAINTIFF CASES)

us. PLAINTIFF CASES ONLY)

IN LAND CONDEMNATlON CASES, USE THE LOCAnON OF
THE TRACT Of LAND INVOLVED,

Attorneys (If Known)

Address, and Telephone Number)

ACLU 125 Broad Street NYC, NY 10004 [phone]
ACLU of Utah 355 N 600 W SLC, UT 84103 [phone]

II. BASIS OF JURISDICTION

o
o

(Place an "X" in One Box Only)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an

"X" in One Box/or Plain/iff)
and One Box/or De/endant)

(For Diversity Cases On(y)

I

2

U.S, Government
Plaintiff
U,S. Government
Defendant

o

PTF

C!'l: 3 Federal Question

Citizen of This State

4 Diversity

0

Citizen of Another State

(US. Government Not a Parly)

o
IV NATURE OF SUIT

"".

V. ORIGIN
Proceeding

o

PTF
0 4

DEF
0 4

2

Incorporated and Principal Place
of Business In Another State

o

5

0

5

0

3

foreign Nation

o

6

0

6

(Place an "X" in One Box Only)

PERSONAL INJURY
0 110 Insurance
o 310 Airplane
0 120 Marine
o 315 Airplane Product
o 130 Miller Act
Liability
o 140 Negotiable Instrument
o 150 Recovery of Overpayment o 320 Assault, Libel &
Slander
& Enforcement of Judgment I
o 330 Federal Employers'
0 151 Medicare Act
Liability
0 1~2 Recovery of Defaulted
0340 Marine
Sludent Loans
(Exc!. Veterans)
o 345 Marine Product
Liability
o 153 Recovery of Overpayment
o 350 Motor Vehicle
of Veteran's Benefits
o 160 Stockholders' Suits
o 355 Motor Vebicle
Product Liability
o 190 Other Contract
0 195 Contract Product Liability o 360 Other Personal
Injury
0 196 Franchise
o 362 Personal InjuryMed, Malpractice
}"";6i:",.,RE
o 210 Land Condemnation
~ 440 Other Civil Rights
0441 Voting
o 220 Foreclosure
o 230 Rent Lease & Ejectment o 442 Employment
o 443 Housing!
o 240 Torts to Land
Accommodations
o 245 Tort Product Liability
o 290 All Other Real Property o 445 Amer. wlDisabilities ­
Employment
o 446 Amer, wlDisabilities ­
Other
o 448 Education

!lI: I Original

3

DEF
o I Incorporated or Principal Place
of Business In This State

o

o

(Indicate CitizenshIp 0/ Parlies in ltem Ill)

I

PERSONAL INJURY
0 365 Personal Injury Product Liability
0 367 Health Carel
Pharmaceutical
Personal Injury
Product Liability
0 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
o 370 Other fraud
0 371 Truth in Lending
0 380 Other Personal
Property Damage
0 385 Property Damage
Product Liability

o 625 Drug Related Seizure
o

of Property 21 USC 881
6900tber

o
o

422 Appeal 28 USC 158
423 Withdrawal
28 USC 157

0
0
0
0

o
o
o

'2

o 820 Copyrights
o 830 Patent
o 840 Trademark
o 710 Fair Labor Standards
Act
o 720 Labor!Mgmt. Relations
o 740 Railway Labor Act
o 751 Family and Medical

o
o

o
o
o

0
:i.l,ii:*' 0
0

861 HIA (I 395fl)
862 Black Lung (923)
863 DlWCIDlWW (405(g))
864 ssm Title XVI
865 RSI (405(g))

Leave Act

o 790 Other Labor Litigation
LJ 791 Emp!. Ret Inc,
Security Act

rpRJ
ONS
0 510 Motions to Vacate
Sentence
Habeas Corpus:
530 General
0
0 535 Death Penalty
0 540 Mandamus & Other 10 462 Naturalization Application
0 550 Civil Rights
o 463 Habeas Corpus
0 555 Prison Condition
Alien Detainee
(Prisoner Petition)
0 560 Civil Detainee ­
o 465 Other Immigration
Conditions of
Confinement
Actions

o

o

'TAX
870 Taxes (,U,S, Plaintiff
or Defendant)
871 IRS-Third Party
26 USC 7609

0
0
0
0
0
0

0

375 False Claims Act
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 CablelSat1V
850 SecuritieslCommodities!
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Infonnation
Act
896 Arbitration
899 Administrative Procedure
ActIReview or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

, T r a n s f e r r e d from
Remanded from
0 4 Remstated or 0 5 another district
0 6 Multidistrict
s ed '
Litigation
State Court
Appellate Court
Reopened
Cite the U,S, Civil Statute under which you are filing (Do not cilejurisdictional slotul.s unless diversity):

(place an "X" in One Box OnM

2 Removed from

0

3

VI. CAUSE OF ACTION 42 USC 1981 and 1983' U.S. Constitution
Brief description of cause:

1st Amendment violation

VII. REQUESTED IN
g
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY
DATE

DEMANDS
CHECK IF THIS IS A CLASS ACTION
UNDER F,R,C.P, 23
Injunction, nominal
;

(See instruclions):

JUDGE

JURY DEMAND:

(j)Yes

IX No

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

lsi John Mejia

11/13/2012
FOR OFFICE USE ONLY
RECEIPT #

CHECK YES only if demanded in complaint:

$ dmgs

AMOUNT

APPLYING IFP

Case: 1:12-cv-00242
Assigned To : Furse, Evelyn J,
Assign. Date: 11/13/2012
Description: A. W. et al v. Davis School
District