Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 1 of 53

SCHAFKOPFLAW, LLC

ATTORNEYS AT LAW

April 12, 2017

U.S. District Court, ED of PA
Of?ce of the Clerk of Court
U.S. Courthouse

601 Market Street, Room 2609
Philadelphia, PA 19106

Re: Kerry and Sheila MacLean v. Borough of Hellertown, Northampton County, Saucon
Valley High School, Saucon Valley Middle School, Saucon Valley School District, Eric D.

Kahler, Kenneth Napaver, Pamela J. Bernardo, Lori Gamble, Thomas Halcisak John
Does, Initial Complaint

To Whom It May Concern:
Enclosed please ?nd one (1) original and one (1) copy of Plaintiffs Civil Action
Complaint, along with a CD containing a version of same and a check in the amount of

$400.00, in regards to the above captioned matter.

Kindly ?le the original Complaint and return a time-stamped copy to the undersigned
along with the Civil Action Summonses.

Sincerely,

a is 

a?mpf, Esq.

ll BALA AVENUE BALA PA 19004 PHONE 6510-6646200 Ext. 104 FAX 888?283?1334

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 2 of 53
UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF DESIGNATION FORM to be used by counsel to indicate the category of the case for the purpose of
assignment to appropriate calendar.

AddreSSOt-Plain??. 1810 Meadow Ridge Ct. Bethlehem, PA 18015
Addressomefendm: 685 Main Street, Hellertown, PA 18055

Northampton County in 
(Use Reverse Side Space)

Place of Accident, Incident or Transaction:

 

Does this civil action involve a nongovernmental corporate party with any parent corporation and any publicly held corporation owning 10% or more of its stock?

 

(Attach two copies of the Disclosure Statement Form in accordance with Fed.R.Civ.P. Yes? Noll
Does this case involve multidistrict litigation possibilities? YesCl Nola
RELATED CASE, IFANY:

Case Number: Judge Date Terminated:

 

 

 

Civil cases are deemed related when yes is answered to any of the following questions:

1. Is this case related to property included in an earlier numbered suit pending or within one year previously terminated action in this court?
YesB NOR
2. Does this case involve the same issue of fact or grow out of the same transaction as a prior suit pending or within one year previously terminated
action in this court?

Yes13 No?
3. Does this case involve the validity or infringement of a patent already in suitor any earlier numbered case pending or within one year previously
Yes No IX

terminated action in this court?

4. Is this case a second or successive habeas corpus, social security appeal, or pro se civil rights case ?led by the same individual?
Yr:st No?

 

CIVIL: (Place in ONE CATEGORY ONLY)

A. Federal Question Cases: B. Diversity Jurisdiction Cases:

1. El Indemnity Contract, Marine Contract, and All Other Contracts 1. El Insurance Contract and Other Contracts
2. E1 FELA 2. El Airplane Personal Injury

3. Jones Act-l?ersonal Injury 3. I3 Assault, Defamation

4. CI Antitrust 4. El Marine Personal Injury

5. I3 Patent 5. El Motor Vehicle Personal Injury

6. E3 Labor~Management Relations 6. CI Other Personal Injury (Please specify)
7. Civil Rights 7. El Products Liability

8. El Habeas Corpus 8. El Products Liability? Asbestos

9. Securities Act(s) Cases 9. All other Diversity Cases

10. I3 Social Security Review Cases (Please specify)

 

11. All other Federal Question Cases
(Please specify)

 

ARBITRATION CERTIFICATION
(CiteeirAppropr'iare Category)
I, counsel of record do hereby certify:

El Pursuant to Local Civil Rule 53.2, Section that to the best of my knowledge and belief, the damages recoverable in this civil action case exceed the sum of

$150,000.00 exclusive of interest and costs;
El Relief other than monetary damages is sought.

DATE:

 

 

 

Attorney-at-Law Attorney 
NOTE: A trial de novo will be a trial only if there has been compliance with F.R.C.P. 38.

 

I certify that, to my knowledge, the within case is not related to any case now pending or within one year previously terminated action in this court

except as noted above.

DATE: ?212-1 2  ?5 533 

 

tomey?at-law Attorney 
CW. 609 (5i2012)

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 3 of 53

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF 

CASE MANAGEMENT TRACK DESIGNATION FORM

CIVIL ACTION
Kerry and Sheila MacLean
v.
Borough of Hellertown, et at.  NO.

In accordance with the Civil Justice Expense and Delay Reduction Plan of this court, counsel for
plaintiff shall complete a Case Management Track Designation Form in all civil cases at the time of
filing the complaint and serve a copy on all defendants. (See 1:03 of the plan set forth on the reverse
side of this form.) In the event that a defendant does not agree with the plaintiff regarding said
designation, that defendant shall, with its ?rst appearance, submit to the clerk of court and serve on
the plaintiff and all other parties, a Case Management Track Designation Form specifying the track
to which that defendant believes the case should be assigned.

SELECT ONE OF THE FOLLOWING CASE TRACKS:
Habeas Corpus Cases brought under 28 U.S.C. 2241 through 2255. 

Social Security - Cases requesting review of a decision of the Secretary of Health
and Human Services denying plaintiff Social Security Bene?ts. 

Arbitration Cases required to be designated for arbitration under Local Civil Rule 53.2. 

Asbestos Cases involving claims for personal injury or property damage from
exposure to asbestos. 

Special Management - Cases that do not fall into tracks through that are
commonly referred to as complex and that need special or intense management by
the court. (See reverse side of this form for a detailed explanation of special

 

 

 

 

management cases.) 
Standard Management - Cases that do not fall into any one of the other tracks. 
4/1212017 Gary Schafkopf, Esq Plaintiff
Date Attorney-at?law Attorney for
610-664?5200 Ext?104 888?283?1 334 gary@schaflaw.com
Telephone FAX Number E?Mail Address

(Civ. 660) 10102

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 4 of 53

Civil Justice Expense and Delay Reduction Plan
Section 1:03 Assignment to a Management Track

The clerk of court will assign cases to tracks through based on the initial pleading.

In all cases not appropriate for assignment by the clerk of court to tracks through the
plaintiff shall submit to the clerk of court and serve with the complaint on all defendants a case management
track designation form specifying that the plaintiff believes the case requires Standard Management or
Special Management. In the event that a defendant does not agree with the plaintiff regarding said
designation, that defendant shall, with its first appearance, submit to the clerk of court and serve on the
plaintiff and all other parties, a case management track designation form specifying the track to which that
defendant believes the case should be assigned.

The court may, on its own initiative or upon the request of any party, change the track
assignment of any case at any time.

Nothing in this Plan is intended to abrogate or limit a judicial officer's authority in any case
pending before that judicial of?cer, to direct pretrial and trial proceedings that are more stringent than those
of the Plan and that are designed to accomplish cost and delay reduction.

Nothing in this Plan is intended to supersede Local Civil Rules 40.1 and 72.1, or the
procedure for random assignment of Habeas Corpus and Social Security cases referred to magistrate judges
of the court.

SPECIAL MANAGEMENT CASE ASSIGNMENTS
(See Management Track De?nitions of the
Civil Justice Expense and Delay Reduction Plan)

Special Management cases will usually include that class of cases commonly referred to as "complex
litigation" as that term has been used in the Manuals for Complex Litigation. The ?rst manual was prepared
in 1969 and the Manual for Complex Litigation Second, MCL 2d was prepared in 1985. This term is
intended to include cases that present unusual problems and require extraordinary treatment. See ?0.l of the
first manual. Cases may require special or intense management by the court due to one or more of the
following factors: (1) large number of parties; (2) large number of claims or defenses; (3) complex factual
issues; (4) large volume of evidence; (5) problems locating or preserving evidence; (6) extensive discovery;
(7) exceptionally long time needed to prepare for disposition; (8) decision needed within an exceptionally
short time; and (9) need to decide preliminary issues before ?nal disposition. It may include two or more
related cases. Complex litigation typically includes such cases as antitrust cases; cases involving a large
number of parties or an unincorporated association of large membership; cases involving requests for
injunctive relief affecting the operation of large business entities; patent cases; copyright and trademark
cases; common disaster cases such as those arising from aircraft crashes or marine disasters; actions brought
by individual stockholders; stockholder's derivative and stockholder?s representative actions; class actions or
potential class actions; and other civil (and criminal) cases involving unusual multiplicity or complexity of
factual issues. See ?0.22 of the first Manual for Complex Litigation and Manual for Complex Litigation

Second, Chapter 33.

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 5 of 53
1344 (Rev. 9:12) CIVIL COVER SHEET

The IS 44 civil cover sheet and the information contained herein neither re lace nor supplement the ?ling and service of pleadings or other papers as required by law, except as
provided by local rules of?court. This form, approved by the Judicial Con erence of the United States in September 1974, is requtred for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS 0N OF THIS VOW)

I. PLAINTIFFS DEFENDANTS
Kerry and Sheila MacLean Borough of Hellertown, Northampton County, Saucon Valley High

school, Saucon Valley School district, Saucon Valley Middle School,
Eric Kahler, Kenneth Napaver, Pamela Bernardo, Lori Gamble, et at.
County of Residence of First Listed Plaintiff United States Of America County of Residence of First Listed Defendant United states of America

(EXCEPTIN U.S. PIAINTIFF CASES) (NV US. PIAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES. USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

 

Attorneys {Firm Name, Address. and Tet'ephone Number) Attorneys (CKHOWH)
Gary Schafkopf. Esq; Schafkopfiaw 11 Beta Ave, Bala PA
19004; 610-664?5200; Matthew Weisberg, Esq; Wesiberg Law; 7 S.
Morton Ave, Morton 610-690?0801

 

 

II.    (Pierce an ?2 in One Box Only} [11.  OF (Piace an in One Boxfor Plating??
(lv'or Diversity uses Only) and One Boxfor Defendant?
I3 1 us. Government at 3 Federal Question PTF DEF DEF
Plaintiff Government No! :1 Pony) Citizen of This State a Incorporated or Principal Place 4 Cl 4
of Business In This State
El 2 U.S. Government Cl 4 Diversity Citizen of Another State El 2 2 Incoiporated and Principal Place Cl 5 CI 5
Defendant (Indicate Citizensnn; of Parties in Item H0 of Business in Another State
Citizen or Subject ofa Cl 3 El 3 Foreign Nation El 6 I3 6
Foreign 

 

 

  
 
   

   
 
   

 

   

 
       
      
 

   

  
  

           

   
 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

110 Insurance PERSONAL INJURY PERSONAL INJURY Cl 625 Drug Related Seizure El 375 False Claims Act
Cl l20 Marine IZI 310 Airplane El 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 400 State Reapportionment
El 130 Miller Act Cl 315 Airplane Product Product Liability Cl 690 Other 28 USC 157 Cl 410 Antitrust
Cl 140 Negotiable Instrument Liability [3 367 Health Care? i3 430 Banks and Banking
l3 150 Recovery of Overpayment El 320 Assault, Libel Pharmaceutical . .. 0 450 Commerce
Enforcement of Judgment Slander Personal Injury El 820 Copyrights 460 Deportation
I3 151 Medicare Act 13 330 Federal Employers? Product Liability 83!) Patent El 470 Racketeer in?uenced and
152 Recovery of Defaulted Liability El 368 Asbestos Personal Cl 840 Trademark Comipt Organizations
Student Loans Cl 340 Marine Injury Product 480 Consumer Credit
(Excludes Veterans} i3 345 Marine Product Liability   490 CableXSatTV
Cl 153 Recovery of Overpayment Liability PERSONAL PROPERTY Cl 710 Fair Labor Standards Cl 850 SecuritiesiCommoditiesf
of Veteran?s Bene?ts [3 350 Motor Vehicle [3 376 Other Fraud Act 862 Black Long (923) Exchange
160 Stockholders? Suits Cl 355 Motor Vehicle El 371 Truth in Lending Cl 720 LaborfManagement 863 DIWCIDIWW (40503)) 890 Other Statutory Actions
190 Other Contract Product Liability 380 Other Personal Relations El 864 SSID Title XVI Cl 891 Agricultural Acts
195 Contract Product Liability 360 Other Personal Property Damage El 740 Railway Labor Act CI 865 RSI (405(3)) El 893 Environmental Matters
El 196 Franchise Injury 385 Property Damage CI 75 Family and Medical CI 895 Freedom ofInforrnation
El 362 Personal Injury - Product Liability Leave Act Act
Medical Mal ractice El 790 Other Labor Litigation CI 896 Arbitration
- e3  El 791 Employee Retirement 71*  Cl 899 Administrative Procedure
Cl 210 Land Condemnatio 440 Other Civil Rights Habeas Corpus: income Security Act Cl 870 Taxes (US. Plaintiff ActfReview or Appeal of
220 Foreclosure 441 Voting El 463 Alien Detainee or Defendant) Agency Decision
230 Rent Lease Ejectment El 442 Employment El 510 Motions to Vacate El 871 IRS??Third Party El 950 Constitutionality of
El 240 Torts to Land Cl 443 Housing/ Sentence 26 USC 7609 State Statutes
El 245 Tort Product Liability Accommodations CI 530 General
Cl 290 All Other Real Property 445 Amer. \viDisabilities - 535 Death Penalty
Employment Other: on
El 446 Amer. wlDisabilities - El 540 Mandamus 8: Other El 465 Other Immigration
Other CI 550 Civil Rights Actions
El 448 Education CI 555 Prison Condition
560 Civil Detainee 
Conditions of
Con?nement
V. ORIGIN {Place an in One Box Only)
1 Original El 2 Removed from 3 Remanded from El 4 Reinstatcd or E3 5 Transferred from 6 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation
?tnecf??)
gig: ltlheSUC.? $?v?l18tatute under which you are filing (Do not statutes unless divans-ind:
CAUSE OF ACTION Brief description of cause:
Plaintiff was discriminated based on their race
VII. REQUESTED IN CHECK 1r THIS IS A CLASS ACTION DEMAND CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, JURY DEMAND: :51 Yes No
RELATED 
IF ANY (See instructions).-
JUDGE DOCKET 
DATE Lf SIGNATURE (ZAWF RECORD
FOR OFFICE use ONLY r? I

RECEIPT it AMOUNT APPLYING JUDGE MAG. JUDGE

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 6 of 53

IS 44 Reverse (Rev. 12112)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM 38 44
Authority For Civil Cover Sheet

The 44 civil cover sheet and the information contained herein neither replaces nor supplements the ?lings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaintr?led. The attorney ?ling a case should complete the form as follows:

Plaintiffs?Defendants. Enter names (last, ?rst, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a governntent agency, use
only the full name or standard abbreviations. if the plaintiff or defendant is an of?cial within a government agency, identify ?rst the agency and
then the of?cial, giving both name and title.

County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the ?rst listed plaintiff resides at the
time of ?ling. In U.S. plaintiff cases, enter the name of the county in which the ?rst listed defendant resides at the time of ?ling. (NOTE: in land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)

Attorneys. Enter the ?rm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule which requires thatjurisdictions be shown in pleadings. Place an 
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (I) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and of?cers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its of?cers or agencies, place an in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. in cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section below; NOTE: federal question actions take precedence over diversity

cases.)

Residence (citizenship) of Principal Parties. This section completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV. Nature of Suit. Place an in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
suf?cient to enable the deputy clerk or the statistical clerk(s) in the Administrative Of?ce to determine the nature of suit. If the cause ?ts more than
one nature of suit, select the most de?nitive.

V. Origin. Place an in one of the six boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.

When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing

date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the ?ling date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or

multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.

When this box is checked, do not check (5) above.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an in this box if you are ?ling a class action under Rule 23, 
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.

Jury Demand. Check the appropriate box to indicate whether or not ajury is being demanded.

Related Cases. This section of the 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 7 of 53

WEISBERG LAW Schafkopf Law, LLC

Matthew B. Weisberg, Attorney ID No. 85570 Gary Scha?mpf, Attorney ID No. 83362
7 South Morton Ave. 11 Bala Ave

Morton, PA 19070 Bala PA 19004

610-690-0801 610664?5200 Ext 104

Fax: 610-690-0880 Fax: 888-283-1334

Attorney for Plaintiffs Attorney for Plaintiffs

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF 

 

KERRY AND SHEILA

MACLEAN, INDIVIDUALLY and

HUSBAND WIFE and N0-
1810 Meadow Ridge Ct. 
Bethlehem, PA 18015

 

Plaintiffs, JURY TRIAL DEMANDED

V.

BOROUGH OF HELLERTOWN
685 Main Street

Hellertown, PA 18055

and

NORTHAMPTON
COUNTY

669 Washington St,
Easton, PA 18042

and

SAUCON VALLEY
HIGH SCHOOL
2100 Polk Valley Rd.
Hellertown, PA 18055

and
SAUCON VALLEY

SCHOOL DISTRICT
2097 Polk Valley Rd,

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 8 of 53

 

 

Hellertown, PA 18055
and

SAUCON VALLEY
MIDDLE SCHOOL
2095 Polk Valley Rd,
Hellertown, PA 18055

and

ERIC D. KAHLER
Individually and as Principal
of Saucon Valley

High School

2100 Polk Valley Rd.
Hellertown, PA 18055

and

KENNETH NAPAVER
Individually and as Principal
of Saucon Valley

High School

2100 Polk Valley Rd.
Hellertown, PA 18055

and

PAMELA J. BERNARDO
Individually and as Principal
at Saucon Valley

Middle School

2095 Polk Valley Rd,
Hellertovm, PA 18055

and

LORI GAMBLE
Individually and as

Assistant Principal at Saucon
Valley High School

2100 Polk Valley Rd.
Hellertown, PA 18055

and

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 9 of 53

 

THOMAS HALCISAK
Individually and as

Assistant Principal at Saucon
Valley Middle School

2100 Polk Valley Rd.
Hellertown, PA 18055

and

JOHN DOES 1-10
Defendants.

 

CIVIL ACTION COMPLAINT

PARTIES

. Plaintiffs, Kerry and Sheila MacLean, individually and as Husband and Wife, are the Parents
and Natural Guardians of Plaintiffscurrently residing at the above
address.

2. Defendant, Borough of Hellertown, is an administrative district agency located in the above
address.

. Defendant, Northampton County, is the responsible party administrator overseeing the police
department found in its county.

4. Defendant, Saucon Valley High School, is a high school within the SVSD located in the

Borough of Hellertown.

Defendant, Saucon Valley School District, with its headquarters located at 2097

Polk Valley Rd, Hellertown, PA 18055, is a local agency and subdivision of the Borough of

Hellertown, acting under color of state law.

6. Defendant, Saucon Valley Middle School, is a middle school within the SVSD located in the

Borough of Hellertown.

7.

10.

ll.

12.

13.

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 10 of 53

Defendant, Eric D. Kahler, is an adult individual, who was the Principal at the Saucon Valley
High School and resigned at the start of the 2016?17 School Year and is being sued in his
of?cial and individual capacities.

Defendant, Kenneth Napaver, is an adult individual, who is the Principal at the Saucon
Valley High School since start of the 2016?17 School Year and is being sued in his of?cial
and individual capacities.

Defendant, Pamela J. Bernardo, is an adult individual, who at all times relevant and material
to the issues in this case is the Principal of Saucon Valley Middle School, and is been sued in
his of?cial and individual capacities.

Defendant, Lori Gamble, is an adult individual, who at all times relevant and material to the
issues in this case is the Assistant Principal at Saucon Valley High School, and is being sued
in his of?cial and individual capacities.

Defendant, Thomas Halcisak, is an adult individual, who at all times relevant and material to
the issues in this case is the Assistant Principal at Saucon Valley Middle School, and is being
sued in his of?cial and individual capacities.

Defendants, John Does 1-10, is a moniker/?ctitious name for individuals and entities
currently unknown but will be substituted when known, as af?liated, associated or liable
hereunder for the reasons set forth below or inferred there from. Each of these parties are
incorporated as Defendants in each and every count and averrnent listed above and below,
upon information and belief, Defendants, John Does, were agents, servants, workmen, or

employees of Co-Defendants, liable to Plaintiffs hereunder.

JURISDICTION AND VENUE

Jurisdiction in this Honorable Court is based on a violation of federal law conferred by 28

14.

15.

16.

17.

18.

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 11 of 53

U.S.C. ?1331.
Plaintiffs, Kerry and Sheila MacLean, individually and as husband and wife are the parents
and natural guardians of Plaintiffsbring this action for monetary
damages, and other appropriate relief to redress the intentional violations of Plaintiffs? civil
rights, pursuant to 42 U.S.C. ??1981, 1983, 1985, 1988, Title VI and Title IX ofthe Civil
Rights Act, 42 U.S.C. ?2000d et seq. secured under the laws of the United States and
provisions of the laws of the Commonwealth of against Saucon Valley School
District, and Saucon Valley High School, collectively referred to as Defendants.
Plaintiffs? action also arises under the Civil Rights Acts of 1871, as amended, 42 U.S.C. 
1981, 1983, 1985, 1988, Title VI ofthe Civil Rights Act, 42 U.S.C. ?2000d et seq., the
Fourth and Fourteenth Amendments to the Constitution of the United States, for race
discrimination, and denial of equal protection on the basis of race.
Venue lies in this district in that the events giving rise to this claim occurred here, at least one
(1) Defendant resides, maintains a principal place of business, and/or does business here,
and/or the property which is the subject of this action is situated within this district.
OPERATIVE FACTS
All of the acts alleged to have been done or not to have been done by the defendants were
done or not done by the defendants, their agents, servants, workmen and/or employees acting
within the course and scope of their employment and authority for and on behalf of said
defendant.

Plaintiffsare minors residing in Lower Saucon Township, 

with their parents, Kerry and Sheila MacLean since November 2013.

Case Document 1 Filed 05/05/17 Page 12 of 53

19. Plaintiff, J. L. M. attends Saucon Valley High School; and Plaintiff, E. M. attends Saucon

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

Valley Middle School.

Since moving to Lower Saucon Township J. L. M. and E. M. have experienced extensive
and pervasive racism at Saucon Valley High School and Saucon Valley Middle School.
Plaintiff, J. L. M. has been the Victim of verbal abuse and threats of physical violence since
he began attending Saucon Valley Middle School and now at Saucon Valley High School.
Plaintiff, E. M. has been the victim of verbal abuse and threats of physical violence since he
began attending Saucon Valley Middle School.

Plaintiffshave been called names such as ?coon,? ?nigger,? and ?jungle
bunny?.

Plaintiffshave been challenged to ?ghts while at school and have been
physically shoved in the hallways.

Plaintiff, J. L. M. has been threatened by students at and after school and, while walking
home and on several occasions, has been assaulted.

In early 2014, Plaintiff, J. L. M. attended the middle school dance.

Prior to the event, he had told his parents that another student, J. W. wanted to ?ght him
because of the color of his skin.

At the dance, J. L. M. texted his father, Kerry MacLean several times that J. W. was
challenging him to a ?ght and wanted to go to Dimmick Park to ?ght (so they would not be
caught ?ghting in school).

Plaintiff, Kerry MacLean drove to the dance and spoke directly to Defendant, assistant
principal, Thomas Halcisak about the incident. Mr. Halcisak located both boys and pulled

them into an of?ce and made the boys shake hands and call a truce, but failed to address the

30.

31.

32.

33.

34.

35.

36.

37.

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 13 of 53

ongoing threats made toward J. L. M.

On May 16, 2014, at the Saucon Valley Middle School Cafeteria, Plaintiff, J. L. M. was
approached by a cafeteria worker and asked to turn out his pockets. The worker then
proceeded to ?pat down? J. L. M.?s pockets, physically touching J. L. M. without his
permission.

When Plaintiff, J. L. M. questioned the basis of the search, he was told that someone had
allegedly seen him steal something and place it in his pocket.

It was later discovered that another student had accused J. L. M. of stealing and
told the worker. EXHIBIT A.

Prior to this incident, Plaintiff, J. L. M. had repeatedly related several incidences with the
other student A. V. indicating that the two do not get along with Plaintiff, J. L. M. stating
that A. V. had repeatedly used racial epithets in their conversations.

On or about March 3, 2015 Plaintiff, E. M. had reported to teachers and his parents for
several days that another (male) students, E. W. was inappropriately touching and rubbing
up against him, and making inappropriate sexual comments.

E. W. refused to stop in spite of Plaintiff, E. M.?s repeated requests to do so. To protect
himself from being assaulted again, Plaintiff, E. M. punched E, W. in self-defense but was
punished by school of?cials. EXHIBIT 

On April 22, 2015, Plaintiff, E. M. received multiple text messages from a friend H.?s
phone. Apparently, an individual named had taken H.?s phone while they were at Rite-
Aid and sent several messages calling Plaintiff, E. M. several derogatory names.

As various incidences kept occurring involving threats and racial epithets, Plaintiffs, Kerry

and Sheila MacLean sent an email on April 22, 2015 detailing their concerns to the school

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 14 of 53

administration, and a meeting was arranged on Thursday, April 30, 2015 at 12:30 pm in the
Middle School Conference Room.

38. Defendants, Eric Kahler, Lori Gamble on behalf of Saucon Valley High School and Thomas

Halcisak on behalf of Saucon Valley Middle School attended the meeting. Defendant,
Pamela Bernardo was also supposed to attend, but was unable to attend due to other events.

39. During the meeting, Plaintiffs? concerns were discussed in detail and acknowledged by the
administration.

40. Plaintiffs expressed a strong desire to partner with the school to help in any way they could,
including serving as a contact point for other parents.

41. Several suggestions were also discussed in the meeting, including the introduction of the
?Aevidum? program as well as another upcoming school assembly that, while geared
towards addressing bullying and the LGBT concerns in the school, could easily be expanded
to include racism and intolerance.

42. Plaintiffs left the meeting feeling encouraged, and there was an initial exchange of emails,
but no effort was made by school of?cials to address the ongoing racial issues. EXHIBIT C.

43. On or about October 14, 2016, J. L. M. was provoked by another student, G. H.?s racist
behavior and punched him in his head. J. L. M. was charged with simple assault on October
29, 2016. Plaintiffwere suspended from Saucon Valley High School.
EXHIBIT D.

44. Plaintiff, J. L. M. was not convicted and his record will be expunged by November, 2017.

45. A recent attempt by Dr. Monica McHale-Small, Superintendent, to limit the display of the
Confederate ?ag on school property is being met with resistance by the school board.

46. When Plaintiff, J. L. M. was in 9th grade, a group of students who identify themselves as

47.

48.

49.

50.

51.

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 15 of 53

"rednecks" approached him one morning as Plaintiff was entering the school and threw or
draped a confederate ?ag around his shoulders. The student who placed the ?ag on Plaintiff
told Plaintiff, J. L. M. to "wear it with pride". Plaintiff, J. L. M. threw the ?ag to the ground
and walked off, but was very intimidated. These students were rumored to wear steel?teed
boots and carry knivesPlaintiff, J. L. M. was also considerably
larger.
This same group of students regularly drove pickup trucks to school, ?ying the confederate
?ag out of the back of their trucks. These were large ?ags, maybe 3' 5' or a bit
smaller. These students also displayed the emblem on belt buckles and generally seemed intimidate PlaintiffsSince students are allowed to wear and promote the symbol in school, it has led to its
display at off campus events like a bonfire pep-rally.
Recently, a father was seen picking up his son from the high school driving a pickup truck
with a confederate ?ag ?ying out of the bed of the truck, as described above. This caused a
protest by several parents (not including Plaintiffs).
At the March 28, 2017 school board meeting, Dr. McHale?Small was presenting the draft
proposal resulting from the school?s Inclusion Committee. This proposal detailed plans for
equity and training to help address the issues in the school, and includes a proposal to limit
display of the confederate ?ag and other symbols associated with hate, such as the
swastika.

Dr. McHale-Small requested that Plaintiffs, Sheila and Kerry MacLean (Sheila is a
member of the Inclusion Committee) be there to provide support, and to get as many people

as they could to come as well. During the meeting, Plaintiff, Kerry spoke to ask the board

52.

53.

54.

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 16 of 53

to not let Dr. McHale?Small?s efforts end after her retirement this June. Plaintiff, Kerry
MacLean had planned on saying something about the Confederate ?ag, but other parents
who spoke ahead of Plaintiff did a much better job, so Plaintiff acknowledged what they
said. After Plaintiff, Kerry MacLean spoke (and someone after him) one of the board
members, Ed Ingrhim, spoke in defense of the ?rst amendment, as covered by the Saucon
Source. EXHIBIT E.

"Board member Ed Inghrirn told parents Kerry and Sheila MacLean that if their family?
which includes two sons, in high school and middle school, respectively??can?t handle this
day-to-day bigotry, then it?s your problem.?

Inghrim said he traces his lineage back to an ancestor who traveled to America in the early
16003 on the May?ower, and said it is not the government?s responsibility to tell people
?what they can say and what they cannot say.?

would suggest that what you say to your kids is, ?hang in there and deal with Inghrirn
said."

In the afternoon on March 30, 2017, Plaintiff, Kerry MacLean left the house to go for a run,
and saw a car from the local TV news (WFMZ, Ch 69) parked in front of his

home. Plaintiff, Kerry MacLean approached and asked if he could help them and it turned
out that they were looking for the Plaintiffs speci?cally to address Mr. 

remarks. Rather than risk mis-characterization (as the school board meeting was recorded),
Plaintiffs, Kerry and Sheila MacLean gave them an interview. EXHIBIT F.

Defendants failed to take any disciplinary action against the students that subjected racial harassment and have instead punished the Plaintiffs? for their actions.

Defendants knew or should have known the depth of the verbal and physical abuse suffered

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page M., and failed to take any appropriate actions to protect them and/or to
remedy the situation.

55. As a direct and proximate result of the acts of the Defendants, Plaintiffs sustained various
physical injuries and suffered and will suffer severe mental and emotional distress.

56. The conduct of the Defendants, was intentional, oppressive, malicious and/or in wanton
disregard of the rights and feelings of Plaintiffs, and constitute despicable conduct, and by
reason thereof, Plaintiffs demand exemplary and/or punitive damages against the
Defendants in an amount appropriate to punish or make an example of them.

57. Defendants? rati?cation of conduct and failure to respond to noti?cation of the abuse and/or
to stop such abuse and/or to stop such abuse despite their duty to do so, as hereinafter more
fully set forth, created an intimidating, hostile, offensive and abusive school environment in
violation of Title IX of the Education Amendments of 1972, 20 U.S.C. ?168l, et seq.

COUNT I
TITLE VI OF CIVIL RIGHTS ACT VIOLATIONS
RACE DISCRIMINATION

58. Plaintiffs incorporate by reference all prior paragraphs as if fully set forth at length herein.

59. Defendants Saucon Valley School District, Saucon Valley Middle School and Saucon Valley
High School at all times relevant to this action received Federal ?nancial assistance.

60. The acts and conduct of Defendants as stated above where PlaintiffsMacLean were subjected to race discrimination, racial harassment and hostile educational
environment because of their race, were violations of the Civil Rights Act, 42 U.S.C. ?2000d,
et seq.

61. As a direct and proximate result Lof the said discriminatory practices of the Defendants,
Plaintiffshave sustained severe monetary damages, compensatory

damages, as well as mental anguish, emotional distress, humiliation, and damages to

 

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 18 of 53

reputation.

COUNT II
TITLE IX VIOLATIONS

62. Plaintiffs incorporate by reference all prior paragraphs as if fully set forth at length herein.

63. The acts and conduct of Defendants as stated above where Plaintiff, E. M. was subjected to
race discrimination and hostile educational environment because of his race were violations of
Title IX of the Education Amendment of 1972.

64. As a direct and proximate result of the said discriminatory practices of the Defendants,
Plaintiff, E. M. has sustained severe monetary damages, compensatory damages, as well as
mental anguish, emotional distress, humiliation, and damages to reputation.

COUNT 
SECTION 1981 VIOLATION - RACE DISCRIMINATION

65. Plaintiffs incorporate by reference all prior paragraphs as if fully set forth at length herein.

66. The acts and conducts of the individual Defendants as stated above where Plaintiffs E. M. and
J. L. M. were subjected to discriminatory practices because of their race by Defendants were
violations of the Civil Rights Act, 42 U.S.C. ?198 1.

67. As a direct and proximate result of said violations of Plaintiffs, E. M. and J. L. M.'s civil rights,
Plaintiffs have sustained monetary damages, compensatory damages, as well as mental anguish,
emotional distress, humiliation, and damages to reputation.

COUNT 
SECTION 1983 VIOLATION

68. Plaintiffs incorporate by reference all prior paragraphs as if ?illy set forth at length herein.
69. Defendants violated E. M. and J. L. M.'s Constitutional rights under the Equal Protection

Clause by denying their equal protection because of their race.

70.

71.

72.

73.

74.

75.

76.

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 19 of 53

Defendants violated E. M. and J. L. M.?s Fourteenth Amendment rights when Defendants
deprived them of liberty and property rights while Defendants were acting under the color of
state law.

Defendants violated E. M. and J. L. M. rights under the Civil Rights Act, 42 USC Section
1981, by discriminating against E. M. and J. L. M. because of their race, while acting under
color of state law.

Defendants were deliberately indifferent to the violations of E. M. and J. L. M.'s
Constitutional rights and rights under several federal statutes.

The acts and conducts of the Defendants as stated above are violations of the Civil Rights Act
42 US. C. Section 1983.

In doing each and all of the acts alleged herein, all Defendants were acting under color of
State law.

All Defendants had a duty to provide and ensure an educational environment for the minor
Plaintiffs, E. M. and J. L. M., free of physical assault, intimidation and harassment and to
enforce the regulations, rules and laws necessary to protect the minor Plaintiffs, E. M. and J.
L. M., from the acts of abuse.

All Defendants by their conduct alleged herein intentionally, willfully and without
justi?cation did deprive the minor Plaintiffsgrounds of their sex, of
their rights, privileges and immunities secured to them by the Constitution and the laws of the
United States, including but not limited to, their rights to equal protection of law as provided
by the Fourteenth Amendment of the Constitution, and their right to privacy as protected by

the Fourth, Fifth and Ninth and Fourteenth Amendments of the Constitution in violation of 42

USC ?1983.

77.

78.

79.

80.

81.

82.

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 20 of 53

COUNT VI
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

Plaintiffs incorporate by reference all prior paragraphs as if fully set forth at length herein.
The actions of the Defendant, were designed to emotionally harm Plaintiffs by overwhelming
them in a relationship both emotionally and physically that they were incapable of handling as
a result of their tender years.

The conduct of Defendants were intentional, oppressive, malicious and/or in wanton disregard
of the rights and feelings of Plaintiffs and constitutes despicable conduct, and by reason
thereof Plaintiffs demands exemplary or punitive damages against Defendants in an amount
appropriate to punish them and to deter them and others from such conduct in the future.

COUNT

CQUNT VII
VIOLATION OF CONSTITUTIONAL RIGHT TO BODILY INTEGRITY

Plaintiffs incorporate by reference all prior paragraphs as if fully set forth at length herein.

At all times relevant hereto, the Defendants either in or at the supervision, direction, approval,
acceptance, and rati?cation of, or in concert with, the conduct and activities of the
Defendants, and in regard to the safety of students within Saucon Valley School district, were
responsible for medical care, social services, and associated treatment of said students, as well
as the implementation and enforcement of the Disciplinary Responses and Procedures at
Saucon Valley School district.

The malicious actions of the Defendants were undertaken in bad faith, in deliberate
indifference to, and in callous disregard of Plaintiffs? Constitutional Right to Bodily Integrity

under the Due Process Clause of the Fourteenth Amendment of the United States Constitution

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 21 of 53

and Article I, 1 of the Constitution of the Commonwealth of and under 42

U.S.C. 1981, 1983, 1985, 1986, and 1988, in that these Defendants:

3)

b)

d)

in deliberate indifference to, and in callous disregard of Plaintiffs?
constitutional right to bodily integrity and concealed Violent by Saucon

Valley School District?s students, which was certain to result in the additional
and aggravated indecent assault of Plaintiff, J. L. M., that occurred on

October 14, 2016;

intentionally veiled and failed to notify, apprise, and/or report to the County of
Northampton Police Department, or any other law enforcement agency, the
repeated incidents of assaults committed by Saucon Valley School District?s
students;

intentionally and recklessly failed to: memorialize, ?le, and/or report the
accurate number of violent incidents to the Department of
Education, as listed in the Annual Report of School Violence and Weapons
Possession regarding repeated acts of Violence against other innocent Saucon
Valley Middle School and Saucon Valley High School?s students such as
Plaintiff;

intentionally and recklessly failed to notify, apprise, or report to school
authorities or to the County of Northampton Police Department, the repeated
incidents of Violence and by students within the Saucon Valley School District;
recklessly allowed and fostered, in deliberate indifference to and callous
disregard for students? Constitutional Rights to Bodily Integrity under the

Due Process Clause of the Fourteenth Amendment of the United States

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 22 of 53

Constitution and under Article I of the Constitution, an
environment of unabated violence that continued in certain problematic
schools within Saucon Valley School District, including Saucon Valley High
School and Saucon Vally Middle School;

f) failed to adequately train and supervise its administrators and employees
operating the daily affairs of the Saucon Valley School District, namely the
individual Defendants named herein, thereby causing the constitutional
violations of Plaintiffs? rights as referenced above;

83. All of the aforesaid acts and knowledge of the acts of the other Defendants, caused,
directed, approved, and rati?ed the aforesaid acts which constitute violations of Plaintiffs?
Constitutional Rights.
84. As a direct and proximate result of the Defendants? conduct herein, Plaintiffs, have
suffered and will in the future suffer great mental anguish, shame, terror, embarrassment,
humiliation, and physical pain, has incurred and will in the future incur substantial medical,
and hospital expenses for care and treatment; has been prevented in the past and
will in the future be prevented from attending to their usual and customary duties, activities, and
avocations, all to their great detriment and loss.
85. As a direct and proximate result of the Defendants? conduct herein, all Plaintiffs have been
unable to pursue and enjoy the usual activities of the life of individuals of the Plaintiffs?
respective ages, and have suffered a great loss of enjoyment of life, loss of life expectancy, loss

of happiness and loss of the pleasures of life, all of which have been to their great, collective

detriment and loss.

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 23 of 53

86. As a direct and proximate result of the Defendants? conduct herein, all Plaintiffs have

suffered great mental anguish, shame, terror, embarrassment, humiliation, and/or physical pain

up to the date of the ?ling of this Complaint, all of which have been to their great, collective

?nancial loss.

87.

88.

89.

COUNT I
VIOLATION OF CONSTITUTIONAL RIGHT TO EOUAL 

RACIAL DISCRIMINATION
Plaintiffs incorporate by reference all prior paragraphs as if fully set forth at length herein.

The malicious, conspiratorial actions of the Defendants were undertaken in bad faith, in
deliberate indifference to, and in callous disregard of Plaintiff?s Constitutional Right to Equal
Protection under the Fourteenth Amendment of the United States Constitution, and under
Article I, 1 and 26 of the Constitution of the Commonwealth of and under
42  1981, 1983, 1985, 1986, and 1988, through which Defendants exhibited racially
discriminatory intent and whereby the unwritten policy, practice, or custom, of the Defendants
selectively denying and/or depriving students attending predominantly minority-populated
schools within Saucon Valley School District, including Saucon Valley Middle School and
Saucon Valley High School and in particular, minority Plaintiffs, of equivalent levels of
protective services, policies, and procedures actually afforded similarly situated students
attending certain, predominantly or signi?cantly, Caucasian-populated schools within Saucon
Valley School District.

As a direct and proximate result of the Defendants? conduct herein, all Plaintiffs have suffered
great mental anguish, shame, terror, embarrassment, humiliation, and/or physical pain up to

the date of the ?ling of this Complaint, all of which have been to their great, collective

financial loss.

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 24 of 53

gnaw

EILLFUL MISCONDUCT cg INTENTIONAL, 
FAILURE TO QVIDE ADEQUATE OR QUIYALEIST OF

PROTECTIYE EROC EDURES, AND 2ng?IE?

90. Plaintiffs incorporate by reference all prior paragraphs as if ?illy set forth at length

herein.

91. This Court has supplemental jurisdiction over this claim for relief of the Plaintiff

pursuant to 28 U.S.C. 1367.

92. At all times material hereto, the individual Defendants acted in course and scope of
their employment within Saucon Valley School District, under color of state law, and either
in or at the supervision, direction, approval, acceptance, and rati?cation of, or in concert with
the conduct and activities of the Defendants named herein, and in regard to the safety of
students within the Saucon Valley Middle School and Saucon Valley High School were
responsible for medical care, social services, and associated treatment of said students, as
well as the implementation and enforcement of the Disciplinary Responses and Procedures at

the Saucon Valley Middle School and Saucon Valley High School.

93. The malicious, conspiratorial actions of the individual Defendants as named above
were undertaken in bad faith, in deliberate indifference to, and in callous disregard of
Plaintiffs? Constitutional Rights guaranteed under the Fourteenth Amendment of the United
States Constitution, Article I, 1 and 26 of the Constitution of the Commonwealth of
and under 42  1981, 1983, 1985, 1986, and 1988, as well as in direct
violation of federal and state education laws and regulations, in particular the No Child Left
Behind Act of 2001, 20 U.S.C. 6301 w, and Safe Schools Act, 24 PS.

13-1301 e_t regarding mandatory required reporting of known violent incidents

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 25 of 53

occurring on school property, whereby unwritten policy, practice, or custom, Defendants
exhibited willful misconduct in intentionally, recklessly, and discriminatorin failing to
provide an equivalent level of protective services, policies, and procedures to the Saucon
Valley Middle School and Saucon Valley High School students, including Plaintiffs, as
provided for in the Saucon School Districts? of?cial disciplinary policies, responses,
procedures, code of conduct, and law enforcement reporting protocols and procedures, and as
afforded to students similarly situated at certain other schools within the Sancon 
School District,

WHEREFORE, Plaintiffs respectfully requests this Honorable Court enter judgment in
her favor and against Defendants, individually, jointly and/or severally, in an amount in excess of
seventy-five thousand dollars plus such other and further relief as this Honorable Court
deems necessary and just, and to Order the following relief:

a. Statutory damages;
b. Punitive damages;
c. Compensatory damages, including;
i. Actual damages for ?nancial and physical injuries, including but not
limited to emotional distress;
d. Attorney?s fees, costs, and equitable relief.

Respectfully Submitted,

WEISBERG LAW SCHAFKOPF LAW, LLC

0 
BY: Matthew Weisberg BY:   

MATTHEW B. WEISBERG, ESQ 

DATED: gw/ DATED: ire/0 2

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 26 of 53

EXHIBIT A

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 27 of 53

Jon?Luc's Cafeteria Incident
From: Kerry MacLean (kmaclean@texas.net)

Sent: Fri 5/16/14 4:58 PM
To: 

1 attachment

V__57A3.png (205.5 KB)

Mr. Halcisak,
This evening we received more information concerning this afternoon's cafeteria incident. Hopefully
you have not had time to call the supervisor of the cafeteria workers. 

it appears that some other students tipped the cafeteria workers off that they saw ~putting
something in his pocket. 1 have attached a copy of a screen shot from?s phone showing the text
message that was exchanged with- providing this information. The student with whom?

was texting is named?

i am somewhat giaddened that the workers did not approach?Nithout cause, although it does
sadden me further that this appears to have been caused by his peers.

Thank you very much for your time on this, and we do look forward to continued discussion on the
general issue that was raised tonight. 

Sincerely,
Kerry Sheila MacLean

Attached photo of text message 

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 28 of 53 

 

 5138 PM

Listen it wasn't me. idgaf
you do. Let it be

I told the lunch iady you i {t I. 54;;
stoie because people 
though you put 

something in yogir pocket

?1

 

Type a --

 

 

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 29 of 53

EXHIBIT 

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 30 of 53

?Cafeteria Fight
Fight

From1- MacLean Mgmailcom)

Sent: Tue 3/03/15 4:10 PM

To: Kerry MacLean (kmaclean@texas.net)

Hi, I'm?and I got into a fight today witl? (6th grade). Here is a play-by-
play of the fight. it all started yesterday, the 2nd. I was in Health class with Mr. lost and he wouldn't get
out of my personal space and he kept touching me. quickly informed Mr. lost and he said he will keep
an out.? persisted on with touching and coming EXTREM LY close to me. Then, the
period endend and we went home. The next day, after health class when we were packing up, he
started in my book, sexually rubbing and stroking my shoulders. I swiftly tried to get Ms. Werts, but I
couldn't reach her without him doing it again. i have witnesses that saw me walk away from him,
avoiding a fight. I sat down back at my seat, thinking it was all over. He went to his seat, I went to
mine. He started getting near me and I warned I WILL punch him if he did it again. Well, he tested me,
so i shoved him into the into the wall and punched him multiple time in the face. He got up after being
knocked out for a couple seconds and went to the corner and cried.

I am willing to face the consequences of my actions even if its detetnion,lSS, Suspension. i don't belive
this act deserves expulsion. was defending myself.

Regards,

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 31 of 53

EXHIBIT 

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 32 of 53

Re: Racism and intolerance at Saucon Valley Schools
From: Eric Kahler (eric.kahler@svpanthers.org)

Sent: Fri 5/01/15 1:42 PM
To: Ethan MacLean (kmaclean@texas.net)

thomas.halcisak@svpanthers.org 
Lorie.Gamble@svpanthers.org pamela.bernardo@svpanthers.org
Sheila MacLean 
rachel.alderfer@svpanthers.org 

Cc:

Thank you for your kind words. We look forward to working with you.

Have a great weekend,

Eric

Eric D. Kahler, Principal
Saucon Valley High School
2100 Polk Valley Road
Hellertown, PA 18055

610-838?7001

On Fri, May 1, 2015 at 11:10 AM, Kerry MacLean <kmaclean@texas.net> wrote:

All,
Sheila and I wanted to th ank you for yesterday?s meeting. We both feel that it was very productive and

left feeling encouraged that there are steps being taken to address these issues.

Again, we would like to reiterate that if there is anything we can do to assist in the process, please do
not hesitate to reach out. We are ready and willing participants.

Thanks to you all for caring,
Kerry Sheila MacLean

 

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 33 of 53

 

From: 
Date: Wed, 22 Apr 2015 15:40:03 ?0400
Subject: Re: Racism and Intolerance at Saucon Valley Schools

To: kmaclean@texas.net
CC: sheilae@texas.net; 

Mr. MacLean,

Thank you for sharing your concerns both in the email and in our brief conversation this afternoon. This
is to confirm our meeting for Thursday, April 30 at 12:30 in the Middle School Conference Room.

Please let us know if you are not able to attend, and we will attempt to find a more suitable date,
Best Regards,

Eric

Eric D. Kahler, Principal
Saucon Valley High School
2100 Polk Valley Road
Hellertown, PA 18055

610-838-7001

On Wed, Apr 22, 2015 at 11:21 AM, Kerry MacLean <kmaclean@texas.n et> wrote:

Ms. Bernardo and Mr. Kahler,

I am writing this email this morning to address some ongoing concerns that my wife, Sheila, and have
with racial intolerance and ongoing incidents at Saucon Valley, both on and off campus. I am copying
Rachel Alderfer as she knows both of our boys and is familiar with some of the incidents. 

My family moved to Lower Saucon a year ago last November from Central Texas. We are a multi-
cultural family - Sheila is black, of Haitian descent, and i am white. Our oldest son? is 15

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 34 of 53

and a freshman at Saucon. ?ur youngest, is 12 and in the 6th grade. You may know both boys,
but I wanted to "introduce" them to you so that you may have faces with the names.

Since we have moved to the area, both boys have been subjected to harassment on account oft heir
race. They have been called "nigger" quite regularly, in addition to other terms such as "coon" and
"jungle bunny" which i have not heard since I was a child. Some of these incidents have resulted in
fights, but mostly they result in angry verbal responses in kind from our boys. This makes it very difficult
for us as parents to raise them with Christian mores (no fighting, cussing, etc) when they are subjected
to this type of harassment. It also makes it difficult for the boys to explore their own cultural heritage
openly.

Last year, we had extensive conversations with Mr. Halcisak concerning an early incident. We also had
meetings with several of?s teachers, some of who expressed amazement that such a thing could
be occurring here. I suggested to Mr. Halcisak at the time that he reach out to parents of minority
students to both get to know the families as well as to help determine: the scope of the issue. We
never heard back, but have recently heard from other parents that have moved into the area that their
son is experiencing issues having only been here for 3 weeks.

To date, it is my impression that the most that has ever occurred after one of these incidents is a
scolding. Even when teachers or staff have been there to witness an incident. At the same time, it
seems that the school is going out of its way to allow other repressed groups to express themselves. I
have heard from both boys that there is an active LGBT organizations that effectively puts down any
intolerant talk or lack of acceptance of their views. This is not an attack on that viewpoint/group. I am
trying to point out that some traditional "target" groups appear to be garnering active support whereas
others are not.

It is very difficult to keep the boys from growing up angry. -id not want me to send you the text
message (image attached) for fear of retaliation. Both of them often start their day by saying things to
the effect if "ifl hear such and such from that kid again I?m going to retaliate", etc.

in today's highly charged racial ciimate, we see police departments and other organizations actively
training their members regarding tolerance. Because it needs to be done. Scolding a young person for a
behavior that is often learned in the home and reinforced by your immediate peers is not going to
change the culture. As adults, peopie are arrested for the kind of behavior that my boys are
experiencing. 

Please take some action on this. Also, please consider this as a formal request to provide Sheila and i
with any records (as i know that the boys have had to fill out forms when reporting incidents in the past)
that you may have, so that we may pursue our own course as it becomes necessary.

Thank yo very much,
Kerry MacLean

Sheila MacLean
kmaclean@texas.net

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 35 of 53

sheilae@texas.net
512?388?2424

Regarding the image below: there was an incident off campus where another boy (I do not know who)
took the girl Hope?s phone to send this text. He signed the messages "trin" but -says that trin was
not present and had nothing to do with this. The image was taken as a snapshot from-s phone.

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 36 of 53

This e-maii transmission may contain confidential and legally privileged information that is intended only
for the individual named in he e-mail address. If you are not the intended recipient, you are hereby
notified that any disclosure, copying, distribution, or reliance upon the contents of this e?mail message is
strictly prohibited. if you have received this e-mail transmission in error, please reply to the sender, so
that proper delivery can be arranged, and please delete the message from your mailbox.

This e-mail transmission may contain confidential and legally privileged information that is intended only
for the individual named in the e-mail address. If you are not the intended recipient, you are hereby
notified that any disclosure, copying, distribution, or reliance upon the contents of this e-mail message is
strictly prohibited. If you have received this e-mail transmission in error, please reply to the sender, so
that proper delivery can be arranged, and please delete the message from your mailbox. --
001311811938af7d2b0515099 39b?-

RE: Racism and Intolerance at Saucon Valley Schools
From: Kerry MacLean (kmaclean@texas.net)

Sent: Mon 5/11/15 12:19 PM
To: Pamela Bernardo Sheila MacLean (sheilae@texas.net)

Eric Kahler thomas.halcisak@svpanthers.org
Cc: Lorie.GambIe@svpanthers.org 
rachel.alderfer@svpanthers.org 

Ms. Bernardo,

I apologize for taking so long to get back to you. While not great media hounds, Sheila and i have talked
to some folks as well as done some poking around.

First of all, I suggested at our meeting a couple of weeks ago that the media itself is often guilty of some
of our misportrayals, and teaching people to look past the images that they see on television or You
Tube can be very enlightening. Is that angry black woman with her mouth open in mid-shout with the
fires of the Baltimore riots shown on CNN really representative of the city? Where is the picture of that
same woman hurriedly trying to send her kids off to school before going to work? We?re never going to
see that second picture it doesn't bring ratings. Unfortunately, that first picture helps inform our
impressions and views of people or cities. These images and clips can be readily found just about
anywhere, but they must be accompanied by discussion.

Another source recently pointed out to us the Monica Lewinsky TED talk on Shame
i watched this today at lunch, and
while it is not directly about racism it is extremely compelling the first object of cyber-bullying
describing her experiences as a young woman who made a simple mistake. Sheila and I plan to show it
to our boys in the context of discussing their use of social media.

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 37 of 53

Of course movies are also a great source, but you?d have to find clips from them. I haven't seen these
yet, but Denzel Washington in the "Great Debaters" came
highly recommended, as did Selma 

Also, Liberty High School in Bethlehem apparently has a program in place where restitution is made as
part of the consequences of individual actions (I forget the name of the program]. The goal of the
program is to teach empathy for the victim of a crime or abuse, etc., not just to apply corrective action.

Our next door neighbors are proving to be an amazing resource, and we will be working with them to
move this issue forward in the community as well as the schools.

We really appreciate your follow?up and will continue to check-in from time to time to see where move forward with addressing racism and intolerance.

Thank you very much,
Kerry Sheila MacLean

 

Date: Tue, 5 May 2015 05:43:20 ?0400

Subject: Re: Racism and Intolerance at Saucon Valley Schools

From: pamela.bernardo@svpanthers.org

To: kmaclean@texas.net; sheilae@texas.net

CC: eric.kahler@svpanthers.org; lorie.gamble@svpanthers.org;
rachel.alderfer@svpanthers.org

Good morning,

lam pleased the meeting went well. i am so sorry i was unable to attend (you really did not want my
Should you have any resources, videos, links, etc., that you would like to share, we have
Advisory meetings every 6 days with our students and I am always looking for short clips, articles, etc. to
spur conversation and reflection. As always, do not hesitate to reach out to the counselors, teachers or
administration.

Enjoy this beautiful Spring (finally!) weather!

Pamela J. Bernardo

Principal

Saucon Valley Middle School

2095 Polk Valley Road

Hellertown PA 18055
610.838.7001 ext. 3704
pamela.bernardo@svpanthers.org
Blogs to check 

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 38 of 53





Parent Teacher Group Facebook Page 


On Fri, May 1, 2015 at 11:10 AM, Kerry MacLean <kmaclean@texas.net> wrote:

All,
Sheila and i wanted to thank you for yesterday's meeting. We both feel that it was very productive and
left feeling encouraged that there are steps being taken to address these issues.

Again, we would like to reiterate that if there is anything we can do to assist in the process, please do
not hesitate to reach out. We are ready and willing participants.

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 39 of 53

Thanks to you all for caring,
Kerry 8: Sheila MacLean

 

From: eric.kahler@svpanthers.gg

Date: Wed, 22 Apr 2015 15:40:03 -0400

Subject: Re: Racism and Intolerance at Saucon Valley Schools

To: kmaclean@texas.net

CC: pamela.bernardo@svpanthers.gg; sheilae@texas.net; rachel.alderfer@svpanthers.org

Mr. MacLean,

Thank you for sharing your concerns both in the email and in our brief conversation this afternoon. This
is to confirm our meeting for Thursday, April 30 at 12:30 in the Middle School Conference Room.

Please let us know if you are not able to attend, and we will attempt to find a more suitable date,

Best Regards,

Eric

Eric D. Kahler, Principal
Saucon Valley High School
2100 Polk Valley Road
Hellertown, PA 18055

610-838?7001

On Wed, Apr 22, 2015 at 11:21 AM, Kerry MacLean <kmaclean@texas.net> wrote:

Ms. Bernardo and Mr. Kahler,

i am writing this email this morning to address some ongoing concerns that my wife, Sheila, and i have
with racial intolerance and ongoing incidents at Saucon Valley, both on and off campus. I am copying
Rachel Alderfer as she knows both of our boys and is familiar with some of the incidents.

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 40 of 53

EXHIBIT 

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 41 of 53

 

 

 

 

Oci.31.2016 Lower Saucan annship PD P. l/Q
PRESS RELEASE
LDWER SAUCON TOWNSHIP PGLICE DEPARTMENT
Nature of Offense Date Time Incident/Accident 
Assault I 4 I 10f14f16? 1395 I 
Location -
Simeon Valley High School
Persons Involved
Charged: 16 year old juvenile.
Victim; ?4 yen}; old juvenile. A A a
bi: riot rel-lease until initialed by waer'visor Approved by Supt-Mam: 

Follow up news release further details surreunding motive for assault.

Investigation revealed the assault we the result 01? a Video made by the 143;: Did victim using
pmfane disparaging, and raciats verbal remarks about the 16311: old. The My: old than shQWad the
video to mower student who then showed the 16yr old.

 

Released To: Namlaaper TV/Radi?) By: (initials of pal-$011 fcrwardingl

 

 

 

 

 

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 42 of 53

 

Oct. 3132916 Lower Saucaa ~{awaship P0 550. 0372 P. 
PRESS RELEASE
LOWER SAUCON POLICE DEPARTMENT
Name at? Offmse: pate: Time Incidmtr?Acoident 
Assault 10/14/16 1305 20151014M6535

mm
mint,

 

1.03315an Eamon Valley High 

r:  
1? 6130118 

6 1
hargedl 37631 old Juvcm1e> My mm 

Victim 14 year old Juvenile

 

Approved by Supervisor



Do not release anti! initiated by Supervisor 

Incident Infamation (Give brief smmnary of what n?anspixed)

Rapor?ced 16 year old juvenile at Samoan Valley High School engaged in a ?ght mm a 14 year
old juvenile. The 16 year old juVanile was recorded on video repeatedly punching 14 year 01d
juvcnile in the; head 16 year old juvenile is
being charged with Simple Assault, Harasament and Disorderly Conduct.

By: (initials of person. fomding)

[09:4

?Releaserl To: Newspaper TVIRadio

 

 

 

 

 

Case 5:17-cv-02085-LS Document 1 Filed 05/05/201% mm 5w; wmhs'e PD: 156: 9943 '5



'05} Mamie 1
OF 


ALLEGA Harv
(HIIHW Smmur?u ?mum;
we murmur of;

 zgmmaacwmagr
mxm'xggwer. Ea 1.31115
 .L
   .. a -
gang-'iagagm?  Mg?wm5: ?ew gig-gar -- 51:: ?93yg??Ls?3?ng
 - A are: 13990 I


 

 

 

- . .
muss.
manning; 

 

 

 

 

 

 

 

 

 

 

 

 

 



 ?fm?g  . i?ggm-1   "in; .   
"dame:  ?masmm aw 
. mam-w ?amr?mwm 331nm mm; gramme; mmw. 
13%: mm: pmfrugmwu mama?! m. g?wagmm?
?new? umwm' 3? mm" 

. - D1Mzt:mm-. M13 {H.1me ?21m): {Ham 
?mum? 45315 :wis'mum? . It.ng .  
MA Elm: Mm)  I - 
?ru?nwg I   M18153 1 ??air h?
 15:19:23. am: A- Haw?ra: . .. I. 
WE'i??i?tb?f??h?a?  .  . a I I 

 

 

 

 

 

 

 
 

 

 

 

Ibiz??cab?h

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

a: mmumtzan? 
-  Hams; - ?v'w
  I time! mm? I-IAQLEW 
war: . 1.310 Wm: 1:110. minaret?. ?113.65?
?rm-ratiime HELLERWWN, P31, Maxim}?! mass
. Mimi.? (5&3884424 [and ?319.21%: Phair??'; .. mm. 
ammu?wmuwwm ?1 {j?d?r?sm?suaw 
?r -. Gum-dim :m?namta?ldult'?afwv? ?pramiw/gu?fn?imr am mlm'owu); 
may: j" -  3:1 ?fg?q?h?ghwmup    
Mm?. .1. .. 
. :3  mmwwamm.
  -.:   -- . --1ir -. c4:  '2 
magma? NZMEBIE wai?m?wi?e?h new!?
?amma- Mme mama atmm?sarscram.
Apngamga? {Iq?g?ggm?mgm? mama-11mm;
mam-m M. 39' 
 ?43m?  as m!  34:: g. gag-a w;
'yg-lggW 7; 
E- - 1103/40568

yW me?mnm_l_ Iii-5M {?m??aw?wmm?mamxww gs! 
ramgiha abwa {ms {rt-we fmi: aim-1y

.1. am this 95mg: 3?3 ?23 an: put whav?is'dmibsd as

giggling they: Ila gnaw!sz I hay-:1

..   '5 rinsfmimdg?maMgruzazmaiqw;F; . 1 .. .1 .
azldcifnqg?qi s?thirvinfa. fag thepanauawg?nha af?mgmniq at 
?Lomagwcaa WP In? C?d?b?

?rfda'v 10.16 hrsAll?! I 
ml washout.

 

 

 

..

 

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 44 of 53
a

9.53115 293435135," {jar-qr $asg-q?rg ?5,143 

(.  wayjm Anaemia?
maximum Ipmg  ..  emingsm Hume ?f?zihw?m?? 
wzyma emtho) and 'ar?qjdazwhad my; 9.5m mm: an: ar. hw??ypr mm siiegediy uid?ted.? If B?hm??nla; Wham
343$? at? m??maimmwm mW?n-n. 

 

 

 

       .li'lcomfw?v' 

 

 

 

 

 

 

 

 
 

 

    
 
 

 

 
 

7- I     2. :mmi- n?ai: - -I I. am :Htib?x??m?wf um!
m- rmaa :mae?srggNomi?gm;
-- -  -
I 
. 1911115 . .?i??sULT-Thg Agar; ma?a, m1 qr ahaut', {gammy-I133?: 291g: in magma? mu I
cause at knpwi?gi'g {9r mggl?sly (mused liming. injury 
. Is tn' ?53? vigtattu'n 32313359 
229mm) Tu' Ug?ggdant?m:
.  "?In?ttia?hanfi muitll?gtimem ?11 .WIIH I
15mm?, yum  E'sqizclmiqu - - mm [53. 3?
"Wm. 51.139631; .- 13mg. A 

 z:  "5563; II A3. I ?that - :13 1. 1 531.1

I 5mg; gm 5W 5mm (indie 06mm (Em-1

imam: mm - 1 - a mim- mm 

- a . lmwmamm . . --

 fun 

1.4111,. 261$. Item} of?iuihgir?pl?nh Lam: Saucon ?i?nm?hlp; Mum? bf mti?leziuf, with I

Intent. his muse. annaynnm or alarm, rackfeasiy (?shing 3 risk his engages 

wing In .vmlent or t?tmuiwngs-bahaywrn that 15 pa say: Humor. In

Iv magma ngI-gIm-mn 550316;) the Penn?sijgnia??meg adm- aslamnnd?xtl? 13 mice, 5503-00 Ii)

Ta Witt: .Du?f'hdanb didsh L33 1555 . while warming in a ?ght. .

manta kw??    3mm!? of" m. 

.nitr?Emg' Emmi. jigging Emmy?? 
mi;      . 5311. 13377
E1 ?ak-zone

 

 

 
    

 

 

un-n-

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
   

   

'rg?mmvi?

   

 

?nu-v?

 

 

 

 

 

 

 

 

    
 
 

 

     

aka 
Pmnoqfnala ia?duut-
. Hamil?; 

smugahuut; G?tdh?r 1.4% 1916; in
the hawk gnaw nr alarm-
amm?zmg?mmpw? Hm either. #53an tr: ar?. 
mm in Violazlm 10mg;th 

 

 

 

 

 

 

 

     
 
 
 

 

 

 

WEI-1 11:3 9m a  I13  I II

 

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 45 of 53

 

 

 

Rah. 12(335 i?f?i?g Lit-H! Swarm: RENEW HE Rm??d?j F. 15.

i - 
 {slate FM mama 
l?f2?f2015 A - . . 
mam Last-

 

 

 

 

 

 

 


warmth, Hntm?z- 
like BAH-LE Cause
1: Yam gamut Miami: 11mg in the cammfuiwamwi Pmayivauin'wa: n: lama m1.

 

 

 
 
   
  
 

. I I 
mme O?m?hm?mm 011'  "mimweam'mpn'ri. 

 
  

     

. 
ashamed '1anan 'fe?'ra a  - I 'h ?mlt?r'wial?? kiwi-$6113 ?1 it?? man?mm ?m ?want
mm?! -- I
1. mi: ?ml-1&2. in this amdavlt?m'lni? ?5 n" my moms? of

 539?? 

?dd?f?ia Fi? cmm?? wsi?mumamvwl? 1 

  

 

 

 

 

 

3:185!) 103 GUNSHOEE 
mmCase 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 46 of 53

(111 ad Shirk?s Siaggmmit: 

hiker the pep rally mneluded, was walking animal an the liner and minced a
crowd ufstudents in a circle. {went over in them. and nuticed the and mi two
iatudunts that appuiit?gd tn in: an aiinr?cutimn. 1 than separated (in: students.
?in..th left. my sight and i began talkingt i ?mired he
was var}! unset and in! W33 yelling thing's at Maggie, test.qu a Hit: aide of
me where he wax; swarmed i?mm lim?iudc?l' boziy. He, 9 g5 i: ui'his
began to 16? me what and why the ?ght iin simian that
he was that summit; posted a: vizlnii of him eating wings and {?561} 31 main!
?lm during i?m: Winn. He informed me ihai. hia?iendsWere telling Iiim about in i
asked him like iin the vidco and. he saidan was suli vary ups.? andi am
not i??ei cumi?urmhic iaavmg him alone and i) mu] nihizr students at Hint time.
i asked him if! have his phone and escorted him and his girii?ri?undvm ihl}
af?ne. White at the af?ne. Mrs. Werkci?ser had them sit down in this nurse-'5 uii?ice
whiic 1 mm in mining; Mr. Napnuer er Mr. Frey. i was ahie In gm admit! ui?irir. Frey
and I 117 the hiin :ichoni dram msi?siidti {af?ne sizience wingund
in?amed him Hi what was an. wnikw back with and we 
and girlfriend in the mam Mrs. French?s 0mm time, ixir.
Frey and 1 33km! quusxiuus and tried us understand what :1an win; was
involved. During was brnught up, iasi?icd Mr. Fray ii?iu?e
wanted me in walk imiqu tii-a-gchnal to could it [was ini?nrmed
was in Mrs. Maynard?a foam. 1 went into the mum am Gavin was in there
With her arm! Mrs. Barunaq Was very upset at the time and in; had shared mum:
inform?iit?m with the two tam: ?an; and the me a paper wuh Liam

names in: it; ?ne: ni? 21mm: names was -   haiiwa?iaid that

-  the iridea an his phone Whi 1: Walking hark the minim} a

am: an? 'm fittlie description cf the student and asked a couple unf'StmimiLa that
were aiming In 233;: hail what name was. The}? ini'm'nwximu it was

 i that! apprijzipimd  1" and milked him iihe could mine with mu ?it:
we wani?ismziedfaieiy {a fin: A?ar infarming Mr: Frey and Mr.
13:: Mr that] had iumted tin: student [hat was said it: have the video. i tunic
1 Inn} Mr. (ri?es: and asked in campieie the wimass Statum?nt
immanent. He was r?iuctatit (i?mplela the informniian and i him that
Wu were inst trying ta find nut whatmxiy happened and that we wanted u; make
aura we had all ufiiw informaiinn we wuid. timing [his time, in: made me awanre in"
either {Miami-.9 wimm he felt that racial slurs andconm-ienis were being mania about
him and mime :z'iutimim i aim ask?d him in record timse an a separate witness
gtaiem?ni;

 
   
 
 
 

        

 

 

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 47 of 53

a 9? i? @113 

may?

EXHIBIT 

\?mg?i

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 48 of 53

Saucon Source ://sauconsource.com/20 17/ 03/29 
problem!)

School Board Member to Parents Who
Complained of Bigotry: ?It?s Your Problem?

By: JOSH POPICHAK I March 29, 2017

 

 

      
  

   
  
 
 

 Hm ,avascri Md 0

 . 


 

 

 

 .t'aucon Valley School Board member?s comments to parents who say their minority children have been bullied by
white students in Saucon schools for years stunned many audience members at the board?s meeting Tuesday night.

- 11eard member Ed Inghrim told parents Kerry and Sheila MacLean that if their family?which includes two sons, in high

I scnool and middle school, respectively?"can?t handle this day?to-day bigotry, then it?s your problem.?

I Inghrim said he traces his lineage back to an ancestor who traveled to America in the early 16005 on the May?ower, and
sand it is not the government?s responsibility to tell people ?what they can say and what they cannot say.?

would suggest that what you say to your kids is, ?hang in there and deal with Inghrim said.

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 49 of 53

 

Share
His remark was met with audible gasps from the audience, which included a number of African?American parents of

s" udents in the district.

awry MacLean, countered Inghrim?s personal anecdote ab out his roots by sharing information about his own family
background, which he said includes ancestors who immigrated to America in the Colonial era, war heroes and those who
i .de the ultimate sacri?ce to defend the United States.

His wife, on the other hand, is a first?generation immigrant.

 ?it doesn?t matter when you immigrated,? he said, adding that every American has the right to pursue life, liberty and
happiness, as outlined in the Declaration of Independence.

'l 1? J11 hold on to your attitudes, and we?ll see about it at the next election,? he told Inghrim, who is not seeking re?election

this year after serving for three terms on the board.
Iite speech is not illegal!? Inghrim told McLean, who responded, ?harassment is,? as he took his seat.

Sheila MacLean told the board her sons have gone to school every day for nearly four years never knowing whether they
will be called words like the ?Ir?word,? ?porch monkey or jigaboo.?

?Is that fair to them?? she asked the board. ?Our children are depending on us to protect them.?
Sheila MacLean admonished Inghrim, asking him what he would do if he were a target for bullies every day.

Referring to another incident, in which a Confederate ?ag was thrown on a student, she said, ?with all due respect,
someone ?ying the Confederate ?ag, with their right, is not worth my children?s lives.?

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 50 of 53

     

4e!

{gent Sheila MacLean speaks at the Saucon Valley School Board meeting on Tuesday, March 28, 2017.

E?W?That you said tonight was very hurtful,? parent Al Rivers next told Inghrim.

hope you comprehend the ?ag does demonstrate hatred when it?s used in an inappropriate way,? he said. ?Things

ghange over time.  I?m praying for you.?

During a meeting which also included the presentation of a draft equity plan that school officials hope will help promote
tolerance in Saueon Valley schools, if recommendations such as a ban on displays of the Confederate flag are approved,
[5 11 pt. Monica McHale-Small also spoke out about the racism she has encountered during her tenure in the district.

?We really need some strong statements as a district,? she said, making one herself when she called the Confederate ?ag

a?

-"'ymbol of hate.?

?I?m going to be very honest and people might not like to hear this, but I?ve never heard the ?n?word? being used so much
. in a school district in my 27 years as when I came here, and I?d never seen the Confederate ?ag inv?on school grounds
and on students in school until I came here. It?s not something I?m used to seeing and it?s not something that happens in

all schools. It just doesn?t,? she stressed.

?That was part of the discussion of our (volunteer inclusion) committee, and we felt that a really strong statement was
needed,? she said, referencing the seven?page equity plan, which board members did not vote on Tuesday.

Other board members including Bryan Eichfeld and John Dowling said they were unaware of how serious racial

problems at Saucon Valley had become.

guess I was naive,? Eichfeld said, adding that to hear of the bigotry hurts him personally, because he has a ?beautiful?
one?year?old granddaughter who is black.

Dowling said he had been under the impression that incidents of the nature described by the MacLeans and other

families were on ?the ash heap of history.?
?I?m not sure how, but we will ?x this,? he promised them.

The next Saucon Valley School Board meeting will be held Tuesday, April 11 at 7 p.m. in the Audion room at Sancon
Valley High School.

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 51 of 53

EXHIBIT 

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 52 of 53

We

 

 

 

Director's comment worries some Saucon Valley parents

Silvetsea? Senior Cruises

More Choices Than Any Luxury Line. Best Single Fares: Get a Quote Now! Go to


I H- LLEY-

Posted: Mar 30. 2017 06:03 PM EDT
Updated: Mar 31, 2017 09:08 PM EDT

Director's comment worries some."
A comment made by a Saucon Valley school board member at a meeting this week has parents worried even more racial tension will ensue.

The discussion during the Saucon Valley Schooi Board meeting on March 28 was supposed to be about the district?s inctusion and equity draft action plan, a
way to deal with racial tension and past incidents at the high school.

what you've heard," board member Ed said during the meeting. "If you can't

"I?d like to make a response, and it's going to be somewhat different from
the responsibility of the government to basically introduce potitical correctness, to

handle this day to day bigotry, then it?s your probiem. It is not, In my mind,
tell people what they can say and what they cannot say."

"When he took that seat, he is saying, have your children?s best interest at heart,? said parent Sheita MacLean, who was at the meeting. am there to
represent them, to be an advocate for them."

But that is not the comment that most shocked MacLean and her husband, Kerry. It was when inghrim said. would suggest what you teach your kids is to
hang in there and deal with it."

The comment set off 20 minutes of comments from parents, including the MacLeans.

 

 

Case 5:17-cv-02085-LS Document 1 Filed 05/05/17 Page 53 of 53

Allentown

  ..      ..  . (mt  Z. co mlweath r)

"Just about four years, every day my children walk into the school not knowing when they are going to be called the 'n word,? Sheiia MacLean told the board.

Two days iater, the MacLeans were still in disbeiief.

?When a grown person could hear what, notjust my children. but other children have gone through, and for your response to say. 'Just deai with said
Sheila MacLean. "of course. i have to be concerned."

Kerry and Sheila MacLean sat down exciusively with 69 News on Thursday. They said the whoie goal of the school board meeting was to reach a pian to heip ali
groups affected by hate.

?We want our kids to grow up and have the opportunity to pursue a healthy iife," added Kerry MacLean.

69 News spoke with Inghrim Thursday night off camera and he said his statements were not intended to be negative.

    

United State DriversBorn
Between 1936 and 1966 are
in for a big surprise svea?re

expiained there's a decade old district policy that deals with harassment.

The district de?nes harassment as severe, persistent. or pervasive verbai or written conduct relating to things iike race and color that gets in the way of
someone's education.

Inghrim said he does not see issue with the current policy that he voted for but says something might be falling through the cracks.
Perhaps. he added, it's not being enforced or needs to be updated.
Inghrim said he doesn't think racism is worse in the Saucon Valley School District than elsewhere.

But, if Tuesday's meeting showed anything. there is debate in the community about that.



    

ALL RIGHTS RESERVED. THIS MAY NOT BE PUBLISH ED, BROADCAST, REWRITTEN OR REDISTRIBUTED.