Bring in the Cavalry

This is Episode 19 in the story of the formation, rise and fall of the little education collective that used to exist up here on our mountain. I wrote and posted this account three years ago on my blog and then pulled it off because someone whose name I had not changed, objected. Now I have changed both the name of the little school itself, and the names of everyone who might be negatively impacted, and plan to re-post the story, one episode per day, until all 32 are again on my blog.

Bring in the Cavalry

In attempting to sift through the details of Imika’s Civil Rights Violations Complaint, I am recording the seven causes of action that she listed in her lawsuit, filed up in Eureka at the Law Offices of Bernard C. DePaoli in 1992. The first cause of action appeared at the end of Episode # 18, On the Hook and detailed Imika’ belief that by excluding Misha from Bell Springs Collective, the members had acted to deprive her and Misha of their First Amendment rights.

The second cause of action, like the first, would have made for entertaining fiction, except that it was levied at us. I am transcribing it as it appears in court documents:

Paragraphs 1-47 are incorporated herein by reference and made paragraph 48. 

48) By the actions described above defendants, and each of them, deprived the plaintiffs of their following clearly established and well-settled Constitutional rights.

Freedom from deprivation of liberty without due process of law.

Freedom from interference of the First Amendment right to free speech.  

Freedom of association.   

Freedom from unequal enforcement of the law and unequal protection of the law as guaranteed by the Fourteenth Amendment to the United States Constitution.

Freedom from violations of Constitutional rights as guaranteed by 42 United States Code Section 1982 which states that, ‘All citizens of the United States shall have the same right, in every state and territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property. 

Freedom from violations of Constitutional rights as guaranteed by 42 United States Code Section 1981 which states that, “All persons within the jurisdiction of the United States shall have the same right, in every state and territory, to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind and to no other. 

Freedom from discrimination under both state and federal laws, including the California Educational Code.

The third cause of action is as follows:

By the actions described above defendants and each of them described herein, slandered plaintiff Corrine Chintz, giving rise to a separate state cause of action over which this court has pendent jurisdiction.

The plaintiffs, and each of them, have subjected plaintiff Corrine Chintz to these deprivations of her rights, either maliciously, or by acting with reckless disregard for whether plaintiff Corrine Chintz’s rights would be violated by these actions.

As a direct and proximate result of the acts and omissions of defendants. and each of them, the plaintiff Corrine Chintz was forced to endure great pain and mental suffering, was deprived of her physical liberty, her right to freedom of association, her right to freedom of speech, her right to equal protection under the laws, and was forced to endure great legal and medical expense.

The fourth cause of action is as follows:

By the actions described above defendants and each of them described herein, slandered plaintiff Misha Chintz, giving rise to a separate state cause of action over which this court has pendent jurisdiction.

The plaintiffs, and each of them, have subjected plaintiff Misha Chintz to these deprivations of her rights, either maliciously, or by acting with reckless disregard for whether plaintiff Misha Chintz’s rights would be violated by these actions.

As a direct and proximate result of the acts and omissions of defendants. and each of them, the plaintiff Misha Chintz was forced to endure great pain and mental suffering, was deprived of her physical liberty, her right to freedom of association, her right to freedom of speech, her right to equal protection under the laws, and was forced to endure great legal and medical expense.

The fifth, sixth and seventh causes of action, appeared to duplicate portions of the third and fourth causes, so I did not transcribe them.

I have listed the charges, and I have given the background leading up to this point.  What I haven’t told you was what Imika was seeking.  Could she put a price tag on all of this pain and suffering? This is how it appeared on her complaint:

Wherefore, plaintiffs Corrine Chintz and Misha Chintz request the court: 

Award compensatory damages against the defendants, jointly and severely, in the amount of five million dollars ($5,000,000.00)

Award costs of this action including attorneys’ fees to plaintiffs.

Award such other and further relief as the court may deem appropriate including the issuance of a permanent injunction preventing the Laytonville Unified School District and its respective agents, employees and servants, from discriminating against, harassing, annoying, or otherwise interfering with each of the respective plaintiffs’ Constitutional rights: and

Award such other and further relief as this court may deem proper and appropriate.

Some people called her crazy; indeed, Barry Vogel considered her “fundamentally nuts.”  Even if she was not playing with a full deck, she was sure going to make the pot worth winning. If she had been asking for fifty thousand dollars, or even double that, we might have been able to slough it aside, figuring that with all of the defendants, and the district, there was little danger of monetary consequences.  However, five million, while laughable under one magnifying glass, became terrifying under another.

Hiring Barry was the only logical thing to do even though it was going to be expensive.  At least when Barry got through with us, we would still have our homes. With a cool five million dollars out there on the table, we figured that covered a lot of real estate. Barry had told us from the beginning that it was anybody’s right to sue, and that one had to defend oneself against a lawsuit, but this was ridiculous.  Imika’s claims would never stand up in court. Nevertheless, to ignore her lawsuit, was to admit, in court, that she was correct. Bring in the cavalry. 

Barry?