Crozier v. Westside Community School District, No. 19-1312 (8th Cir. 2020)Annotate this Case
A.C.'s Westside eighth-grade class watched a video about athletes kneeling during the national anthem. During a “critical thinking” discussion, the teacher insisted that A.C. share her ideas. A.C. stated that “kneeling was disrespectful to law enforcement and military," and questioned that violence could have stemmed from music lyrics including "F-the Police, and the use of the N-word.’” A.C. stayed home the next day due to illness. The teacher allegedly told students that A.C. was a racist and was on suspension. A.C. was subjected to bullying. After meeting with school officials, her parents removed A.C. from school. A.C. attempted suicide. Her parents contacted eight lawyers. but were unable to retain one.
On behalf of A.C., they filed the pro se 42 U.S.C. 1983 lawsuit. The court ruled that they could not serve pro se as A.C.’s representatives and lacked standing to bring individual claims that only derive from alleged violations of their child’s constitutional rights. They contacted 27 more lawyers and organizations. They refiled, requesting court-appointed counsel. The district court refused, reasoning that the claims were “not likely to be of substance,” and that A.C. lacked standing for declaratory and injunctive relief, as she was no longer a student at Westside. The Eighth Circuit affirmed that the parents may not represent A.C. pro se but remanded with directions to appoint counsel. The court did not err in considering the potential merit of the claims and other relevant factors in deciding whether to request counsel but the allegation of First Amendment retaliation is a serious claim on which the plaintiffs and the court would benefit from the assistance of counsel.