Preskar v. United States

248 F.R.D. 576, 2008 U.S. Dist. LEXIS 14419, 2008 WL 552451
CourtDistrict Court, E.D. California
DecidedFebruary 26, 2008
DocketNo. CIV S-07-0874 GEB EFB PS
StatusPublished
Cited by4 cases

This text of 248 F.R.D. 576 (Preskar v. United States) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Preskar v. United States, 248 F.R.D. 576, 2008 U.S. Dist. LEXIS 14419, 2008 WL 552451 (E.D. Cal. 2008).

Opinion

FINDINGS AND RECOMMENDATIONS

EDMUND F. BRENNAN, United States Magistrate Judge.

This action, in which plaintiffs are proceeding in propria persona, was referred to the undersigned by Local Rule 72-302(c) (21), pursuant to 28 U.S.C. § 636(b)(1). All named defendants have filed motions to dismiss, which, together with plaintiffs’ oppositions, were deemed submitted without oral argument. See L.R. 78-230(h). Having considered all submitted materials, the court recommends that defendants’ motions to dismiss be granted without further leave to amend.

I. BACKGROUND

This case is proceeding on the amended complaint filed on August 20, 2007. Plaintiffs Georgiana Preskar and Terri Lawrence are, respectively, a former substitute school teacher and a parent of a child formerly enrolled in the Elk Grove Unified School District. Initially, plaintiffs styled themselves as “lead plaintiffs” in a purported class action joined by more than 160 other pro se plaintiffs. The court denied plaintiffs’ request to be certified as a class on the basis of their pro se status. See Order July 27, 2007. In the amended complaint, Ms. Preskar and Ms. Lawrence identify themselves as the only remaining plaintiffs. See First Amended Complaint (“FAC”), ¶ 17.1

Plaintiffs bring this action under 42 U.S.C. § 1983 and allege that their rights under the First, Ninth and Fourteenth Amendments of the United States Constitution have been violated by virtue of public schools’ promotion of “diversity education.” FAC, ¶¶ 4, 6, 7, 28. They allege that “throughout this nation” “enforced diversity education” from kindergarten through college “discriminates against people of European descent, Judeo-Christian faith, American heritage, and people who hold viewpoints, or closely held personal beliefs that are contrary to a particular type of diversity thinking.” FAC, ¶ 28. They also allege that these categories (i.e., European descent, American heritage, etc.) are unfairly “excluded from diversity status.” Id. Plaintiffs fail to identify the specific educational programs that they challenge, but recount their experiences with such programs during their brief interactions with the Elk Grove Unified School District (“EGUSD”).

Plaintiff Preskar alleges she used to be a substitute teacher for the EGUSD, but decided in 2004 that she could no longer teach there, “or any other district that required diversity education,” due to the “intimidating [580]*580atmosphere.” FAC, ¶¶ 59, 60. More specifically, plaintiff Preskar alleges that during her time as a substitute teacher, “diversity education” caused her to feel that she had to “apologize for being white” and could no longer be “proud of her race.” FAC, ¶¶ 42-44. She alleges that her strongly held patriotic and Judeo-Christian beliefs were not given equal value, and that “she was not treated equally” because she did not adhere to “diversity thinking.” FAC, ¶¶ 45-46.

Plaintiffs describe “diversity thinking” as a concept “holding that all ideas, values, morals, ethics, lifestyles, religion, and closely held personal beliefs (viewpoints) are equal, and people who think contrary, are not equal.” FAC, ¶¶ 38, 67.

Like plaintiff Preskar, plaintiff Lawrence alleges that by 2004, she could no longer tolerate the “diversity thinking” within the EGUSD where her son was a student, and thus decided to put him in private school. FAC, ¶ 59. Plaintiff Lawrence alleges that she and her son were discriminated against because their “closely held personal beliefs” were not given equal time during diversity classes. FAC, ¶¶ 50, 51.

In particular, she alleges that a librarian sometimes picked on her son when he went to the library in lieu of attending a diversity class called “Advocacy.” FAC, ¶ 50. Lawrence also complains of a book her son was required to read that purportedly sympathized with the plight of illegal aliens and offended her “closely held personal beliefs of American heritage.” FAC, ¶ 53. She alleges that most of the classes her son attended “infiltrated a particular ‘diversity thinking’ that did not include the Lawrence family’s closely held beliefs or viewpoints.” FAC, ¶ 54. She alleges her son was treated differently and was “deprived of the liberty of being an equal human being with others.” FAC, ¶¶ 54, 55. She claims the “religious and patriotic beliefs that she instilled in her son were not only being neglected and excluded, but also mocked and denigrated without equal protection of law afforded to others in the school.” FAC, ¶ 57. Plaintiff Lawrence therefore chose to place her son in a private school, and “ended up quitting her job as a Public Health Microbiologist” because the burden of transporting her son to and from school proved too much. FAC, ¶ 59.

The only specific educational program plaintiffs identify in the amended complaint is the “SEED program,” which they allege classifies persons into different groups and excludes from “diversity status,” persons of “European descent, Judeo-Christian faith, American heritage, and people who hold contrary viewpoints to diversity.” FAC, ¶ 66. Plaintiffs allege that the SEED program “does not uphold American ideals of individuality, goal setting, and the work ethic” and that it promotes “global citizenship [as] a priority over sovereignty.” FAC, ¶ 74. They fail to allege any concrete connection between this program and the named defendants.

Plaintiffs name the United States of America, the United States Congress, the U.S. Department of Education, and U.S. Secretary of Education, Margaret Spellings, as defendants (collectively referred to herein as the “federal defendants”). The federal defendants have filed a single motion to dismiss, as have the California State Assembly and the California Senate (erroneously sued as “The Congress of the State of California” and collectively referred to as the “state legislative defendants”). Plaintiffs also name as defendants the State of California, the California Department of Public Education, Jack O’Connell, the Superintendent of Public Instruction, and the California State Board of Education (collectively referred to as the “state defendants”).

Plaintiffs ask the court to issue a “nationwide injunction to stop diversity discrimination in schools that use classification status to separate students and teachers by race, religion, heritage, and viewpoint that denies persons of European descent, Judeo-Christian faith, and American heritage from equal protection of the law by excluding them from diversity inclusion.” FAC, ¶78. They also ask for “inclusion of specified classifications [i.e., European descent, Judeo-Christian faith, etc.] into diversity status,” and allege that his would “alleviate financial loss and physical duress and psychological trauma, thus restoring the Plaintiffs’ rights.” FAC, [581]*581¶ 81. Thus, it appears that plaintiffs want the court to declare unconstitutional all educational programs that teach principles of diversity, and order the federal and California governments to revise these programs to acknowledge white, American Christians as a uniquely diverse classification in and of itself.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Sherman v. Kruse
W.D. Washington, 2024
Smith v. Watanabe
N.D. California, 2023

Cite This Page — Counsel Stack

Bluebook (online)
248 F.R.D. 576, 2008 U.S. Dist. LEXIS 14419, 2008 WL 552451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/preskar-v-united-states-caed-2008.