Demoted Cheerleader Sues High School

[subgenius]

Did I find a story we all agree on?

A Westmoreland County cheerleader is taking her school to court, claiming a demotion has irreparably harmed her.
Southmoreland High senior Felicia Huffine (pictured, left) was named an alternate on the school cheerleading squad, prompting her mother to file a lawsuit on her behalf in county court.
http://www.thepittsburghchannel.com/news/2435313/detail.html

Well at least mom didn't try to kill her rivals.

[Yahweh]

I think before all lawsuits ever make their way to court, they should first go passed a committee, call them the Committee Of Bulls**tters if you like. When they find a case, such as the one noted in the link, they make a decision within a good 5 minutes to a half hour: Is this a legitimate case that should be preceded upon? If yes, the case goes to court. If no, a letter is sent to person filing the complaint saying "Quit yer bitchin, and quit wasting my time".

Court has better things to take care of...

[reprise]

Let me guess, the school's insurance company's legal advisors will suggest that the school make an offer of an out of court settlement rather than risk the publicity and possible negative judgement involved in defending this litigation - thus ensuring that yet another frivolous lawsuit is not dimissed with costs awarded against the plaintiff and yet another lawyer suffers no penalty for bringing a frivolous lawsuit before the court.


Grrrrr.


:mad:

[Stimpson J. Cat]

reprise,

Let me guess, the school's insurance company's legal advisors will suggest that the school make an offer of an out of court settlement rather than risk the publicity and possible negative judgement involved in defending this litigation - thus ensuring that yet another frivolous lawsuit is not dimissed with costs awarded against the plaintiff and yet another lawyer suffers no penalty for bringing a frivolous lawsuit before the court.

I don't know if it is as frivolous as you might think.

From that link:

The suit says Huffine was given permission to skip a cheerleading camp but was then demoted for missing it. The suit also seeks to have Huffine reinstated to her earlier status as a cheerleader.

If she was told by the school that it was OK to miss the camp, and more importantly, that doing so would have any effect on her status as a cheerleader, and then the school demoted her specifically for missing it, then she has a case.

Also from that site:

The school's solicitor said that Huffine was not excused from camp. The solicitor also said the school plans to fight the lawsuit in court

So it would appear that she was demoted for missing the camp, in which case if the school is lying, and she was given permission to skip it, then the case is not frivolous at all. The site also indicated that the school does intend to fight it.


Dr. Stupid

[Yahweh]

Originally posted by Stimpson J. Cat
So it would appear that she was demoted for missing the camp, in which case if the school is lying
Welcome to the American Educational System.

At work, the Student Counselors are innodated with nearly 100 student requests and complaints a day. A certain percentage of those complaints involve so kind of misunderstanding where the student refuses to take any blame for what happened, and insists that the school was "lying". 99% of the time, the kids are wrong (Note: 1% margin of error).

Here's a recent event that happened at another school in the district: A male student was talking about a knife he had brought to school. He had no intentions of stabbing people, he just brought "for fun". One of the teachers monitoring the area overheard the conversation, she told the school Police guy, a search of this students backpack (with consent a few minutes prior, long enough to prevent a broken privacy issue, short enough to prevent the student from ditching the knife in a bathroom or in the hands of another student) reveals a switchblade. The students insists that the teacher never heard him say anything and that the school had no right to search his stuff, but to the common teacher such as myself it sounds like this student was trying to find a way out of his 5 day suspension.

Dont think the fun stops there. Plenty of kids threaten to sue the school for things that happen off school grounds.

Plenty of those same kids say they never steal anything from the Snacks and Concessions area of the school... poor childrens havent figured out that those camera's filming their every action arent just decoys (the school places cameras in general areas of the school as a basic monitoring system, without the camera many incidents that go unreported would never be handled).

I could go on and on... but I'm not one to rant :D...

[reprise]

So it isn't frivolous to sue for being demoted as a cheerleader, having to share being valedictorian, or being penalised because even though you might have got great marks on your SATS, you didn't do your other work?

How on earth was this cheerleader "irreparably harmed"?

What the hell happens when people get dropped from school sports teams over there?

[Yahweh]

Originally posted by reprise
So it isn't frivolous to sue for being demoted as a cheerleader, having to share being valedictorian, or being penalised because even though you might have got great marks on your SATS, you didn't do your other work?
Honestly, I've had angry angry parents call and email me because I decided to fail their kid in my class. All I can say is "I never meant to make your daughter cry, and I tried to apoligize a trillion times, I'm sorry Mrs. Jackson, tell your daughter to turn in goddamn homework and show up to class and maybe she'd have a nice decent D- to bring home to you". (When I'm on the phone or at work, I try not to use the word "goddamn"... oops, it slipped :D )

How on earth was this cheerleader "irreparably harmed"?
Well you see, theres a lot to being a cheerleader. Especially an individual nameless faceless expendable highschool cheerleader. And... uhhh... the thing is... ehhhh... yeah, I have no idea how she was "irreparably harmed" either. Hurt her feelings I guess... lets just pray that no boys ever dump her either...

What the hell happens when people get dropped from school sports teams over there?
I dont even want to think about it...

:p

[Stimpson J. Cat]

Yahweh,

Welcome to the American Educational System.

(snip)

I could go on and on... but I'm not one to rant ...

I don't doubt any of what you are saying. I have no idea whether the girl's claim is true or not. I am just saying that if it is true, then she has a case. She says it is true, and the school says it is not. That type of situation is exactly why we have courts.

I do not see how that constitutes a frivolous lawsuit.

reprise,

So it isn't frivolous to sue for being demoted as a cheerleader,

That depends on why you were demoted, doesn't it?

having to share being valedictorian, or being penalised because even though you might have got great marks on your SATS, you didn't do your other work?

Where did that come from?

How on earth was this cheerleader "irreparably harmed"?

Well, for one thing it can have a very real impact on her acceptance to colleges, and scholarship opportunities. Plus, harm is a subjective thing. If her position on the squad was very important to her, then it could constitute irreparable harm.

The issue is not whether she was harmed, but whether the school was justified in doing what they did.

What the hell happens when people get dropped from school sports teams over there?

What do you mean? Here in Germany? I have no idea. I'm from the US. But once again, the issue is not whether she can sue for being dropped from the team, but whether she can sue for the reason she was dropped from the team.


Dr. Stupid

[jema]

In a sense this sort of case is not "trivial" as these sorts of blows can effect peoples lives long term. But then so can every bad mark, ill thought out report on a child etc. For example my son who has not been that good at art recently took into school some rather good computer art he had done, instead of receiving encouragement from his art teacher, she was totally dismissive saying that his work was not art :( A single "minor" incident like this can crush a childs desire to try hard in a subject.

But life is full of nasty little knocks like this, there has to be a better way to deal with them than lawsuits. A society that becomes as bogged down in this sort of crap as the USA seems to be, can only eventually implode. and kids that are totally shielded from any of lifes unfair ups and downs can only end up totally incapable.

jema

[Mr Manifesto]

When I was five (living in Canada then) I was going to Private school because I was a 'problem child' (apparently I managed to trash a French school when I was four years old to the extent that the public school system said that they wouldn't be able to teach me due to my 'intellectual disabilities'. I don't remember doing it, but MAN! I must have made an impression).

Anyhoo, I wasn't allowed to go on the class trip to McDonalds because I told a kid to 'shut up'.

When I was sixteen, I remembered the incident and how traumatic it was. I considered going to Canada to sue the school for personal emotional damage. Then my Mom told me that the owner of the school personally called the teacher every kind of c*** under the sun for being such a Nazi.

That made me feel so much better.

The lady who owned the school died of cancer three years after the McDonalds incident. I remember how she used to talk to me all the time. I still miss her.

[subgenius]

Originally posted by reprise
Let me guess, the school's insurance company's legal advisors will suggest that the school make an offer of an out of court settlement rather than risk the publicity and possible negative judgement involved in defending this litigation - thus ensuring that yet another frivolous lawsuit is not dimissed with costs awarded against the plaintiff and yet another lawyer suffers no penalty for bringing a frivolous lawsuit before the court.


Grrrrr.


:mad:
Don't get angry over something that won't happen.

[subgenius]

Originally posted by Yahweh
I think before all lawsuits ever make their way to court, they should first go passed a committee, call them the Committee Of Bulls**tters if you like. When they find a case, such as the one noted in the link, they make a decision within a good 5 minutes to a half hour: Is this a legitimate case that should be preceded upon? If yes, the case goes to court. If no, a letter is sent to person filing the complaint saying "Quit yer bitchin, and quit wasting my time".

Court has better things to take care of...
Its called a Motion for Summary Judgement.
There's a trend to award costs for filing frivolous lawsuits.

(Boy, I guess I was wrong...we all don't agree on this one.)

[nightwind]

If she can prove that she was told that missing the camp would not cause her to be demoted, and they demoted her anyway, then she may win her case.

However, it may be hard to prove, since it will be one word against another, and folks lie on the witness stand all the time.

So it is likely that she will get any relief in this case....

Should the reason she missed the camp be taken into consideration? Probably not, just wondering.

[Eos of the Eons]

Um, I wonder how taking the school to court over the matter and not being able to solve it in another way will affect her chances at anything beyond high school?

What is she going to get if she wins? Reinstated? By the time it goes through the courts...

[subgenius]

Originally posted by Eos of the Eons
Um, I wonder how taking the school to court over the matter and not being able to solve it in another way will affect her chances at anything beyond high school?

What is she going to get if she wins? Reinstated? By the time it goes through the courts...

Injunctions (where the court orders someone to do, or refrain from doing, something), are usually heard quickly due to the allegation of irreperable harm if not granted.
Not sure this case meets that test.
The judge could say she has a claim for damages, if anything, and leave her to her legal (money), as opposed to equitable, remedies.

[Eos of the Eons]

Well, all we can do is wait and see what happens then.

I don't like cheerleaders myself. I think of spoiled brats. That's not really fair though since I've known so few. Can't paint all of them with the same brush. I dont' know this girl. The judge will see all of it though.

[American]

http://images.ibsys.com/2003/0826/2435309_120X90.jpg

She's pretty hot, but I'm not sure if I'd rule in her favor. If the other girl wasn't as pretty, I'd rule against her 'cause I like to give the 8's a break from the 9's and 10's they always have to compete with.

[Questioninggeller]

Originally posted by subgenius
Did I find a story we all agree on?

A Westmoreland County cheerleader is taking her school to court, claiming a demotion has irreparably harmed her.
Southmoreland High senior Felicia Huffine (pictured, left) was named an alternate on the school cheerleading squad, prompting her mother to file a lawsuit on her behalf in county court.
http://www.thepittsburghchannel.com/news/2435313/detail.html

Well at least mom didn't try to kill her rivals.

Sounds like a poor family...

[Eos of the Eons]

I really doubt it. Cheerleading is expensive. Only my rich friend in High School could afford to be one.

[peptoabysmal]

Two - four - six - eight, let's all make a court date!

I wonder what damages she could claim? Lost opportunity to become a Dallas cheerleader?

[EdipisReks]

Originally posted by peptoabysmal
Two - four - six - eight, let's all make a court date!


you need to add another syllable in order for that to have the proper rhythm. "two-four-six-eight, let's all make a big court date", maybe. or perhaps "2-4-6-8, now the court decides my fate!".

[Jude]

Originally posted by Eos of the Eons
I really doubt it. Cheerleading is expensive. Only my rich friend in High School could afford to be one.
Wow, your school's cheerleading squad had only one cheerleader?

[subgenius]

Originally posted by EdipisReks


you need to add another syllable in order for that to have the proper rhythm. "two-four-six-eight, let's all make a big court date", maybe. or perhaps "2-4-6-8, now the court decides my fate!".
That's the kind of thing I thought only a neurotic like me notices.
The devil is in the details.

[Eos of the Eons]

Originally posted by Jude

Wow, your school's cheerleading squad had only one cheerleader?


You know what I mean. Only the rich one out of my friends could afford the outfit and the fees and the travel, etc. The other cheerleaders were snotty hags that wouldn't consider me a friend unless they were paid to. Nyah!:p

[pgwenthold]

As far as I can see right now, cheerleaders have got to be stupidest looking group of people imaginable. I mean, in junior high and maybe high school they served a half a purpose, in actually leading cheers to root on the team. However, for the most part, the modern cheers are so dumb and boring that no one would participate with them.

Cheerleaders got nothing on the pep band, the mascot, the electronic scoreboard, and those shirtless morons sitting in the front row with basketballs on their heads. These folks start the cheers and the cheerleaders might choose to join in.

[subgenius]

Originally posted by Eos of the Eons



You know what I mean. Only the rich one out of my friends could afford the outfit and the fees and the travel, etc. The other cheerleaders were snotty hags that wouldn't consider me a friend unless they were paid to. Nyah!:p
Having a daughter I know well the whole "most popular girls" thing.
The problem with being the most popular is, at the same time you may be the "most popular" (a plurality), you also have many more (the vast majority) who hate your guts. So only if you care about being liked by a very few does it matter at all.

There's a lesson for California politics in there too. If there are many candidates, and the votes are widely distributed, the person that gets in by a small plurality, will have far more people who didn't vote for them. How does one govern with such a lack of broad based support?

(I apologize to myself for hijacking my own thread. I have forgiven myself.)