The mother of a Saghalie Middle School student recently amended a federal lawsuit against Federal Way Public Schools to include the city of Federal Way.
Helena Baker initially filed the lawsuit in August 2014, claiming the school district failed her daughter after they allegedly let an unauthorized person, her half sister, pick her up from school, who subsequently beat her until she bled. Furthermore, Baker said her then-13-year-old daughter — deemed “M.B.” in the lawsuit to keep her privacy — was retaliated against by her math teacher and others after the assault, the ensuing complaints and for discriminatory reasons.
“M.B. was deprived of her rights, privileges and/or immunities secured by the United States Constitution and federal laws under color of state law,” the lawsuit states. “Subsequent to the attack on school grounds upon M.B. and the complaint against school officials by her mother, Ms. Baker, M.B. was subject to increased scrutiny by school officials, including pretextual unfair and discriminatory school discipline that denied her equal protection of the laws based on her race and sex motivated by the ongoing discriminatory and hostile educational environment for African-American students in [Federal Way Public Schools] that stigmatizes and criminalizes their non-criminal behavior.”
Because of that alleged stigmatization, Baker said M.B. was wrongfully arrested and suspended from Decatur High School for one year.
According to spokeswoman Debra Stenberg, the Federal Way School District is just beginning the process of evaluating the claim. She said it would be inappropriate to comment at this time.
On Sept. 19, 2012, Baker states her daughter was attacked by her 22-year-old half sister, Jessica, at Saghalie Middle School. Baker and her husband had previously notified staff that Jessica was specifically unauthorized to visit their daughter at school because she “posed a foreseeable danger and safety risk due to her recent threats to harm M.B.”
“Despite this advance warning, Saghalie staff still allowed this unauthorized adult visitor, Jessica, on to school premises during school hours,” the documents continue.
Staff allegedly showed Jessica where M.B. was, which culminated in a “violent attack” without intervention. The girl sustained injuries, which consisted of bruises and bleeding.
Baker alleges school officials took M.B., “interrogated her” and made her sign a statement regarding the incident before they attended to her injuries.
After the incident, Baker states a math teacher, who witnessed the attack, singled M.B. out by forcing her to sit at a desk positioned apart from her classmates on a daily basis. She allegedly removed M.B. from her classroom and often disciplined her unfairly. Baker believes the teacher was motivated by M.B.’s race and sex — an African-American female.
“Upon information and belief, [the teacher] was frequently punitive towards black/African-American girl students in her classroom, including M.B. by subjecting them to disproportionate discipline as compared to their male peers,” the documents state.
But Baker said school officials also became tired of her complaints about the beating and the alleged discrimination traveled with M.B. to Decatur High School.
“… Shortly after M.B.’s enrollment at Decatur High, a Federal Way police officer that often patrolled Decatur High School made comments to M.B. to let her know that he knew her by name (they had never been introduced) and knew of her past discipline incidents at Saghalie Middle School,” the lawsuit continues. “On or about December 2013, M.B. was arrested by this same Federal Way police officer, after a disagreement with another student resulted in her being sent to the Decatur principal’s office.”
Baker said her daughter was arrested without probable cause and spent the night in juvenile detention, on top of the year-long expulsion from school.
The lawsuit outlines five causes for action and other claims for relief.
In the first cause of action, Baker states school officials violated the 14th Amendment to the Constitution when the custodial relationship between M.B. and the school allegedly caused her to be in danger.
“There’s a special relationship between schools and their students that requires them and their employees to protect students, including M.B., from harm caused by others while in their care, custody and control,” the documents state.
The school district was also negligent in their hiring, retention, supervision and training, Baker claims.
She said the school district has a history of failing to adequately hire and train staff surrounding legal issues regarding safety, discrimination and racial profiling.
As a result, she said a culture of unaccountability has developed, which encourages violations of the legal rights of students — particularly students of color.
And Baker believes her daughter’s First Amendment rights; right to the equal protection laws, such as racial and sexual discrimination in school discipline; and civil rights were all violated by the school district and police officer who arrested her.
Baker, with the help of her attorney Earnest Saadiq Morris, seeks compensatory damages as determined by trial, special damages according to proof, punitive damages in sum necessary to punish the defendants, attorney fees and other relief the court deems necessary.