Case 4:17-cv-03004 Document 1 Filed in TXSD on 10/07/17 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
KIZZY LANDRY, Individually, and as
next friend of I.L., a minor;

)(
)(
)(
Plaintiff,
)(
)(
)(
-vs)(
)(
CYPRESS FAIRBANKS ISD, and
)(
PRINCIPAL MARTHA STROTHER,
)(
Individually,
)(
)(
Defendants. )(

Civil Action No.: 4:17-cv-3004

PLAINTIFFS’ ORIGINAL
COMPLAINT FOR DECLARATORY
JUDGMENT, INJUNCTIVE RELIEF,
AND DAMAGES

PLAINTIFF’S ORIGINAL COMPLAINT FOR
DECLARATORY JUDGMENT, INJUNCTIVE RELIEF, AND DAMAGES

TO THE HONORABLE JUDGE OF THE COURT:
NOW COMES PLAINTIFF KIZZY LANDRY, Individually, and as next friend of I.L., a
minor; complaining of CYPRESS FAIRBANKS ISD and PRINCIPAL MARTHA STROTHER
Individually, and will show the following:

I.
1.

INTRODUCTORY STATEMENT

I.L., 17, a student at Windfern High School had respectfully sat for the Pledge of
Allegiance (the pledge) around 200 times in class through six or more teachers without
incident. October 2, 2017 I.L. happened, however, to be sitting in head principal Martha
Strother’s office when the pledge was recited over the school intercom. I.L. continued to
sit. Principal Strother upon seeing this immediately expelled I.L. from school saying
“Well you’re kicked outta here.” Assisatnt Principal Fitt then gave Kizzy Landry
fiveminutes to pick up I.L. or the police would escort here out of the school. Windfern

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COMPLAINT FOR DECLARATORY JUDGMENT, INJUNCTIVE RELIEF, AND DAMAGES

PAGE 1

 Case 4:17-cv-03004 Document 1 Filed in TXSD on 10/07/17 Page 2 of 7

administration had recently been whipped into a frenzy by the publicity of AfricanAmerican National Football League players kneeling for the National Anthem.
2.

The right for a student not to be forced to stand for the pledge is an old one. West
Virginia Bd. of Ed. v. Barnette, 319 U.S. 624, 63 S. Ct. 1178, 87 L. Ed. 1628 (1943) (We
think the action of the local authorities in compelling the flag salute and pledge
transcends constitutional limitations on their power and invades the sphere of intellect
and spirit which it is the purpose of the First Amendment to our Constitution to reserve
from all official control.) The plaintiff seeks appropriate declaratory and injunctive relief,
as well as damages. Furthermore, instant expulsion from a public school is not allowed if
a student is a danger. Goss v. Lopez, 419 U.S. 565 (1975).
II.

JURISDICTION, VENUE, AND CAUSE OF ACTION

3.

This Court has jurisdiction of this case pursuant to 28 U.S.C. § 1331.

4.

Venue is proper in this district pursuant to 28 U.S.C. § 1391 as the facts arose in Harris
County, Texas within the U.S. Southern District of Texas and defendants are located
within the district.

5.

Declaratory relief is authorized by Rule 57 of the Federal Rules of Civil Procedure and
28 U.S.C. §§ 2201 and 2202.

6.

This action is brought pursuant to 42 U.S.C. §§ 1983 and 1988 to redress the deprivation,
under color of state law, of rights secured by the U.S. Constitution.
III.

7.

PARTIES

Plaintiff Kizzy Landry, individually and as next friend of I.L., a minor, is a resident of
Harris County, Texas.

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COMPLAINT FOR DECLARATORY JUDGMENT, INJUNCTIVE RELIEF, AND DAMAGES

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8.

Cypress Fairbanks ISD is a governmental entity existing under the laws of the state of
Texas and can be served with process by serving Superintendent Mark Henry at 10300
Jones Road. Houston, Texas 77065 or wherever he is found.

9.

Defendant Principal Martha Strother is an individual and resident of Harris County,
Texas and can be served with process 12630 Windfern Road, Houston, Texas 77064 or
wherever she is found.
IV.

FACTS

10.

Kizzy Landry is the mother of I.L., 17.

11.

I.L., a student at Windfern High School of the Cypress Fairbanks ISD, had respectfully
sat for the Pledge of Allegiance (the pledge) around 200 times in class through six or
more teachers without incident. October 2, 2017 I.L. happened, however, to be sitting in
head principal Martha Strother’s office, with school secretary Mrs. Walter’s present, at
9:30 am when the pledge was recited over the school intercom. I.L. continued to sit.
Principal Strother upon seeing this immediately expelled I.L. from school saying “Well
you’re kicked outta here.” After sitting for a few minutes I.L. was directed to Assistant
Principal Fitt’s office. Principal Fitt told India to call her mother to come pick her up and
if your mom does not get her in five minutes an officer will escort you from the building.
Mrs. Walters said, “This is not the NFL.” Ms. Fitt said India was going to stand for the
pledge like the other African-American in her class.

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COMPLAINT FOR DECLARATORY JUDGMENT, INJUNCTIVE RELIEF, AND DAMAGES

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12.

Principal Strother had recently been whipped into a frenzy by the publicity of AfricanAmerican National Football League players kneeling during the National Anthem at NFL
football games.1

13.

Ms. Landry got a phone call from India to pick her up as she was being expelled from
school. Ms. Landry arrive at Windfern at about 10 am and tried to talk to the Principal
Strother to determine the reason for the pulsion but Principal Strother would not see Ms.
Landry. The secretary said to sign I.L. out of school.

14.

After Ms. Landry got home she phone at 10:45 am to Superintendent Mark Henry. Ms.
Landry explained the entire situation as a message with receptionist and the receptionist
said someone would call Ms. Landry that day or the latest the morning of October 3,
2017.

15.

The next day October 3, 2017 Ms. Landry again called the Superintendent Henry and told
receptionist no one had called as promised and repeated in incident. The receptionist
stated she had forward the message and said she would forward the message to
Superintendent Henry. About 8 am Cypress Spring High School and spoke Assistant
Principal Smith to see if India could return to Cypress Spring High School. Principal
Smith phoned Principal Strother and the reported top Ms. Landry that no one can sit for
the Pledge at her school. Later that evening around 7 or 8 pm Mr. Campbell an assistant
to the superintendent in student services phoned and Ms. Landry phoned again. Mr.
Campbell indicated he would contact Principal Strother that night or in the morning.

1

Strother later assumes that India was sitting for the same reasons as National Football League
players were kneeling during the National Anthem-disparate treatment of African Americans in
U.S. society-when India had not divulged her reasons.
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COMPLAINT FOR DECLARATORY JUDGMENT, INJUNCTIVE RELIEF, AND DAMAGES

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16.

October 4, 2017 in the afternoon Mr. Campbell affirmed he had spoken with Principal
Strother and that Principal Strother should be calling Mr. Landry that day. Ms. Landry
received no phone call. Principal Strother called in the evening and asked to meet the
possibilities of India returning to Windfern. A meeting time was set up for October 5,
2017 at 8:30 am.

17.

October 5, 2017 at 8:30 am Ms. Landry and India met with Principal Strother. Principal
iterated that India must stand for the pledge to be let back in at Windfern. Principal
Strother said that sitting was disrespectful and would not be allowed. Principal Strother
suggested that India write about justice and African Americans being killed. Ms. Strother
then said the meeting is over and if India does not stand for the pledge she cannot return
to Windfern.

18.

At about 10 am Ms. Landry got a call from a local TV reporter from KHOU Channel 11
about the “pledge controversy.” At 5 pm that afternoon a story aired on KHOU Channel
13 News about the situation.

19.

October 6, 2017 at about 8:41 am Principal Strother called and said now India could sit
for the pledge. India returned to Windfern at 10:30 am.

V.

LEGAL CLAIMS

Violation of the 1st Amendment
20.

Plaintiff reasserts all previous paragraphs.

21.

The First Amendment to the Constitution provides that “Congress shall make no
law…abridging the freedom of speech…”

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COMPLAINT FOR DECLARATORY JUDGMENT, INJUNCTIVE RELIEF, AND DAMAGES

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22.

This First Amendment right extends to public school students who do not wish to be
forced to stand for the pledge. West Virginia Bd. of Ed. v. Barnette, 319 U.S. 624, 63 S.
Ct. 1178, 87 L. Ed. 1628 (1943). Because I.L. peacefully exercised her right not to stand
for the pledge Principal Strother instantly expelled I.L. from school.

Violation of the 5th and 14th Amendments
23.

Plaintiff reasserts all previous paragraphs.

24.

The Fifth Amendment to the Constitution provides that “No person shall…be deprived of
life, liberty, or property, without due process of law...”

25.

The Fourteenth Amendment applies this right to the State action “…nor shall any state
deprive any person of life, liberty, or property, without due process of law…”

26.

This Fifth Amendment right extends to public school students who are subject to being
expelled from public school. Bolling v. Sharpe, 347 U.S. 497 (1954); Brown v. Board of
Education, 347 U.S. 483 (1954). “The precise nature of the private interest involved in
this case is the right to remain at a public institution of higher learning in which the
plaintiffs were students in good standing.” Dixon v. Alabama State Board of Education,
294 F.2d 150 (5th Cir. 1961).

27.

Regarding students, such as I.L, subject to suspension and expulsion “due process
requires, in connection with a suspension of 10 days or less, that the student be given
oral or written notice of the charges against him and, if he denies them, an explanation of
the evidence the authorities have and an opportunity to present his side of the story.”
Goss v. Lopez, 419 U.S. 565 (1975).

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COMPLAINT FOR DECLARATORY JUDGMENT, INJUNCTIVE RELIEF, AND DAMAGES

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28.

Defendant Principal Strother’s instant expulsion of I.L. from school without notice and
opportunity to be heard violated I.L.’s due process rights and she suffered at least loss of
education and great mental anguish.

VI.

REQUEST FOR RELIEF

WHEREFORE, the plaintiffs respectfully request that this Court:
1.

Enter judgment for plaintiff against defendants jointly and severally for their damages;

2.

Declare that the defendants have violated the rights of the plaintiffs for the reasons
described above;

3.

Award the plaintiff exemplary and punitive damages against the individual defendants;

4.

Award the plaintiff her costs and attorneys’ fees pursuant to 42 U.S.C. § 1988;

5.

Award pre- and post-judgment interest; and

6.

Award all other relief to which plaintiff shows herself entitled.

RESPECTFULLY SUBMITTED,
LAW OFFICE OF RANDALL L. KALLINEN PLLC
/s/ Randall L. Kallinen
Randall L. Kallinen
State Bar of Texas No. 00790995
Admitted, U.S. Supreme Court, 5th U.S. Circuit Court of
Appeals, Eastern, Southern and Western Districts of Texas
511 Broadway Street
Houston, Texas 77012
Telephone:
713.320.3785
FAX:
713.893.6737
E-mail:
AttorneyKallinen@aol.com

______________________________________________________________________________
COMPLAINT FOR DECLARATORY JUDGMENT, INJUNCTIVE RELIEF, AND DAMAGES

PAGE 7

 JS 44 (Rev. 06/17)

Case 4:17-cv-03004 Document 1-1 Filed in TXSD on 10/07/17 Page 1 of 2

CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing 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 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. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

Kizzy Landry

Cypress Fairbanks ISD, et al.

(b) County of Residence of First Listed Plaintiff

Harris County

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)
NOTE:

(c) Attorneys (Firm Name, Address, and Telephone Number)

Attorneys (If Known)

Kallinen Law PLLC
511 Broadway Street, Houston, TX 77012; 713.320.3785

II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
’ 1

U.S. Government
Plaintiff

’ 3

Federal Question
(U.S. Government Not a Party)

’ 2

U.S. Government
Defendant

’ 4

Diversity
(Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only)
PTF
Citizen of This State
’ 1

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REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

’
’
’
’
’
’
’

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers’
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

and One Box for Defendant)
PTF
DEF
Incorporated or Principal Place
’ 4
’ 4
of Business In This State

’ 2

’

2

Incorporated and Principal Place
of Business In Another State

’ 5

’ 5

Citizen or Subject of a
Foreign Country

’ 3

’

3

Foreign Nation

’ 6

’ 6

Click here for: Nature of Suit Code Descriptions.

TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veteran’s Benefits
160 Stockholders’ Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

DEF
’ 1

Citizen of Another State

IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT

Harris County

(IN U.S. PLAINTIFF CASES ONLY)
IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

FORFEITURE/PENALTY

PERSONAL INJURY
’ 365 Personal Injury Product Liability
’ 367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
’ 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
’ 370 Other Fraud
’ 371 Truth in Lending
’ 380 Other Personal
Property Damage
’ 385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
’ 463 Alien Detainee
’ 510 Motions to Vacate
Sentence
’ 530 General
’ 535 Death Penalty
Other:
’ 540 Mandamus & Other
’ 550 Civil Rights
’ 555 Prison Condition
’ 560 Civil Detainee Conditions of
Confinement

’ 625 Drug Related Seizure
of Property 21 USC 881
’ 690 Other

LABOR
’ 710 Fair Labor Standards
Act
’ 720 Labor/Management
Relations
’ 740 Railway Labor Act
’ 751 Family and Medical
Leave Act
’ 790 Other Labor Litigation
’ 791 Employee Retirement
Income Security Act

BANKRUPTCY
’ 422 Appeal 28 USC 158
’ 423 Withdrawal
28 USC 157
PROPERTY RIGHTS
’ 820 Copyrights
’ 830 Patent
’ 835 Patent - Abbreviated
New Drug Application
’ 840 Trademark
SOCIAL SECURITY
’ 861 HIA (1395ff)
’ 862 Black Lung (923)
’ 863 DIWC/DIWW (405(g))
’ 864 SSID Title XVI
’ 865 RSI (405(g))

FEDERAL TAX SUITS
’ 870 Taxes (U.S. Plaintiff
or Defendant)
’ 871 IRS—Third Party
26 USC 7609

IMMIGRATION
’ 462 Naturalization Application
’ 465 Other Immigration
Actions

OTHER STATUTES
’ 375 False Claims Act
’ 376 Qui Tam (31 USC
3729(a))
’ 400 State Reapportionment
’ 410 Antitrust
’ 430 Banks and Banking
’ 450 Commerce
’ 460 Deportation
’ 470 Racketeer Influenced and
Corrupt Organizations
’ 480 Consumer Credit
’ 490 Cable/Sat TV
’ 850 Securities/Commodities/
Exchange
’ 890 Other Statutory Actions
’ 891 Agricultural Acts
’ 893 Environmental Matters
’ 895 Freedom of Information
Act
’ 896 Arbitration
’ 899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
’ 950 Constitutionality of
State Statutes

V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original
Proceeding

’ 2 Removed from
State Court

’ 3

’ 6 Multidistrict
Litigation Transfer
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
Remanded from
Appellate Court

’ 4 Reinstated or
Reopened

’ 5 Transferred from
Another District

’ 8 Multidistrict
Litigation Direct File

42 USC Section 1983

VI. CAUSE OF ACTION Brief description of cause:

Public school student instantly expelled for sitting for trhe Pledge of Allegiance

’ CHECK IF THIS IS A CLASS ACTION
VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE

CHECK YES only if demanded in complaint:
’ Yes
’ No
JURY DEMAND:

DEMAND $

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

/s/ Randall L. Kallinen

10/07/2017
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

 Case 4:17-cv-03004 Document 1-1 Filed in TXSD on 10/07/17 Page 2 of 2

JS 44 Reverse (Rev. 06/17)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings 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 complaint filed. The attorney filing a case should complete the form as follows:
I.(a)

(b)

(c)

Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, 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 first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
Attorneys. Enter the firm 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 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
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. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" 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 III below; NOTE: federal question actions take precedence over diversity
cases.)

III.

Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV.

Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.

V.

Origin. Place an "X" in one of the seven 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 filing 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 – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.

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 "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
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 a jury is being demanded.

VIII. Related Cases. This section of the JS 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.