A federal lawsuit accuses Torrey Pines High School administrators of retaliating against two students for expressing pro-Trump views at an anti-ICE rally on campus and falsely reporting one of them to police, leading to an overnight psychiatric hold.
In an Aug. 19 federal complaint, one student, referred to as M.F. in the complaint, says he and a co-plaintiff, referred to as A.F., attended the Feb. 6 anti-ICE demonstration to express their contrary viewpoints.
To demonstrate that, M.F. carried a small printout displaying the letters “LGBT” — above each letter were images of the Statue of Liberty for the “L”, a rifle for the “G”, a glass of beer for the “B”, and a photo of President Trump representing the “T.”
Following the rally, M.F. returned to class still holding onto the flyer. His teacher, according to the lawsuit, became upset at seeing the flyer and immediately left the classroom.
Three days later, the lawsuit alleges that Torrey Pines High Assistant Principal
Angela Guerrero called both students to the office to inform them they were receiving two days of detention for bringing the flyers to the demonstration and for “frightening” other students.
That same week, M.F. was again called to the office, this time alone and to face more serious allegations.
Inside the vice principal’s office, M.F. was accused of making “disturbing searches” on a public computer at the school, including “how to load a Glock,” “how to load a magazine” and “how to dispose of a body.”
The teen, the complaint states, denied ever making such queries and said that other students often tamper with classmates’ computers and that access is not protected.
According to the lawsuit, Guerrero sided with M.F. and sent him back to class.
The next day, five to six police officers came to the school and interrogated M.F.
“School officials refused to allow M.F.’s parents to see him, instead requiring them to speak with a crisis social worker,” reads the lawsuit. “The crisis social worker stated that [M.F.’s teacher] requested the police because the searches made Defendant (Theresa) Barnes feel ‘scared’ and ‘unsafe.'”
Police removed M.F. and transported him to a mental health facility where he was held overnight on a 5150 psychiatric hold. Meanwhile, a police search of M.F.’s house and room, according to the federal complaint, was fruitless.
“M.F. did not research how to load a “glock,” did not confess to murder, was not watching homicide videos, and did not target the LGBT community. The claims were completely false,
as school officials were fully aware,” states the complaint.
And while M.F. was not charged, his lawsuit claims the retaliatory behavior at school continued for months following the Feb. 6 anti-ICE protest.
He, according to the complaint, was not allowed to play on the varsity baseball team. He was forced to meet with counselors and was asked to take testing for “Special Education placement and ongoing mental health monitoring.”
The complaint alleges school administrators referred to him as an “LGBT bully.”
Attorneys for the students say the disparate treatment is another example of a school district that disciplines students for conservative political viewpoints.
“[T]he District’s disparate treatment of M.F… reflects a custom, practice, and/or policy at the District of disciplining students who express politically conservative or pro-law-enforcement viewpoints more severely than students who express the contrary viewpoint, for materially similar or less serious conduct,” reads the complaint.
San Dieguito Union High School District spokesperson, Edwin Mendoza, issued the following statement on behalf of the district:
“The District does not comment on confidential student matters or matters that may involve litigation. Laws protecting student privacy limit the information that may be shared regarding individual student matters.“
Please know that our District remains committed to ensuring a safe, welcoming learning environment for every student.“
