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The Lucio family files a civil action against Brownsville ISD and individuals, alleging violations of constitutional and statutory protections.
Lawsuit Challenges Brownsville ISD’s Stand Against Protected Speech
The plaintiffs, Lizette Lucio and Marc Anthony Lucio, acting both individually and as next friend of M.A.L., have filed a civil action in the United States District Court for the Southern District of Texas, Brownsville Division. They are seeking an entry of Judgment in their favor against the following defendants:
- Brownsville ISD
- Norma Linda Gallegos
- Superintendent Jesus H. Chavez
- Board Member Denise Garza
- Board Member Daniela Lopez-Valdez
- Brownsville ISD Chief of Police Oscar Garcia
- Officer Israel Tapia
- Officer Patrick Gabbert
The civil action, brought under 42 U.S.C. § 1983, seeks declaratory and injunctive relief against the defendants for committing acts under color of law with the intent and purpose of depriving plaintiffs of rights secured under the Constitution and laws of the United States, and for retaliating against them. The complaint alleges that the defendants violated various rights under the United States Constitution and the Texas Constitution, specifically those of Marc Lucio, by retaliating against him for refusing to shake a certain politician’s hands, as well as by detaining, interrogating, and searching Marc Lucio and M.A.L., all in violation of constitutional rights.
Brownsville ISD: Refusal to Shake Hands as Protected Free Speech
In the civil action filed with the United States District Court for the Southern District of Texas, Brownsville Division, the plaintiff, Marc Lucio, asserts that his refusal to shake hands with certain individuals during a school board meeting constitutes protected free speech. The details provided in the filing outline a sequence of events and the underlying beliefs and motivations that led to Mr. Lucio’s decision not to shake hands with specific individuals, including board members and the superintendent. According to the filing, Mr. Lucio believed that these individuals had acted in ways that he perceived as arbitrary or inappropriate, and he did not wish to be photographed shaking their hands, as he felt this action might falsely represent his beliefs and endorsements.
The filing further states that Mr. Lucio’s refusal to shake hands was a deliberate form of expression and a matter of public concern. It emphasizes the importance of considering the context and content of a given statement to determine whether it addresses a matter of public concern, as revealed by the entire record. Mr. Lucio’s actions and subsequent disciplinary measures taken against him are portrayed as having a chilling effect on his exercise of free speech, with implications for other teachers as well. The filing argues that these actions against Mr. Lucio, including the use of his case as a teaching tool for misconduct, are ongoing and continue to impact his standing in the community and potential future endeavors, such as pursuing public office.
The filing invokes legal principles and precedents related to the protections afforded by the First Amendment and the Texas Constitution, particularly emphasizing the broader protections of free speech provided under the Texas Constitution. It asserts that Mr. Lucio’s actions were a form of expression entitled to protection under the First Amendment and that they were a substantial or motivating factor in the retaliation against him. Additionally, the filing contends that the use of Mr. Lucio as a teaching example for how not to behave has a chilling effect on his freedom of expression, constituting a violation of the Texas Constitution.
Overall, the filing presents a detailed account of the events surrounding Mr. Lucio’s refusal to shake hands and the subsequent alleged retaliatory actions taken against him, framing it as a matter of protected free speech under both the First Amendment and the Texas Constitution.
Brownsville ISD: Violation of Statutory and Constitutional Protections
The filing alleges a series of egregious actions leading to a violation of statutory and constitutional protections against the child, M.A.L., and the retaliation against the child and his parents. The alleged actions include the seizure of M.A.L.’s telephone, withholding and spoliation of exculpatory evidence, illegal interrogation labeling M.A.L. as a sex offender, and retaliation against the Lucio family for asserting their rights on behalf of the child.
False Accusations and Retaliatory Actions
The filing details an instance where another student, M.G., made a false report against M.A.L., alleging the creation and circulation of an improper video, which was later recanted and found to be non-existent. Despite this recantation, defendants seized M.A.L.’s phone without a warrant or probable cause and engaged in retaliatory actions, such as a “perp walk” orchestrated by an armed police officer and members of the administration, causing immense distress and harm to M.A.L. and his family.
Harmful Sanctions and Disruption of Activities
The alleged sanctions imposed on M.A.L. and his parents have significantly disrupted their lives. M.A.L.’s sports activities, including varsity football and baseball, were interrupted, leading to his forced transfer to another school, affecting his eligibility and participation in various competitions and programs. Furthermore, the defendants’ actions have tarnished M.A.L.’s reputation, impacting his aspirations for a career in law enforcement and the military.
Impact on the Lucio Family
The retaliatory actions taken against M.A.L. extend to his parents, Marc and Lizette Lucio. They have faced slander and retaliation, resulting in considerable harm to their reputation and careers in law enforcement and teaching, respectively. The filing provides a detailed account of the professional accomplishments of the Lucios and the adverse impact of the defendants’ actions on their careers and aspirations, emphasizing the severe implications of the sanctions and false accusations.
Violation of Legal Protections
The filing highlights the conflict between the Student Code of Conduct regarding questioning of students and the statutory and constitutional protections outlined in the Texas Family Code. It contends that the defendants’ reliance on the Student Code of Conduct disregards crucial requirements for safeguarding the rights of the child, rendering their actions lawless and unconstitutional. The filing also underscores how these actions violate federal and state laws, including constitutional and statutory laws meant to protect individuals, particularly minors, from coercive and unlawful interrogation techniques.
The detailed account provided in the filing underscores the extensive ramifications of the alleged actions on M.A.L. and the Lucio family, asserting the urgency for injunctive relief to halt these violations and uphold their rights under the law.
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Additionally, while every effort is made to ensure the reliability of the information, the publication does not warrant the completeness, accuracy, or timeliness of the content. Readers are encouraged to verify any legal information with official sources and to use their discretion when interpreting and applying the information provided.
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