U.S. District Court dismisses Perry v. Viloria with prejudice on third try
On September 17, 2020, the U.S. District Court for the Central District of California issued the third and final dismissal of Dee Perry's federal civil-rights complaint against Superintendent Viloria and the four other sitting trustees. Per contemporaneous coverage in Stu News Laguna and the Patch, the court found that Perry's allegations were "simply too conclusory" and that "amendment would be futile," dismissing with prejudice after Perry's third amended complaint. Two earlier dismissals (the first reported by the Patch on March 25, 2020, the second mid-2020) had been without prejudice and with leave to amend; this third dismissal foreclosed further amendment. Perry stated in response: "This ruling comes as no surprise. The school board and superintendent abandoned the unlawful board committee excluding me as an elected board member from representing voters." Then-Board President Peggy Wolff responded: "The Court has affirmed our position for the third time that the Board operates as an entity, and no board member has individual authority." Perry subsequently filed a Ninth Circuit appeal docketed as Case No. 20-56081.
People referenced
Citations (5)
- Patch (Laguna Beach) · 2020-09-18
The Court has affirmed our position for the third time that the Board operates as an entity, and no board member has individual authority.
Statement attributed to then-Board President Peggy Wolff after the September 17, 2020 dismissal.
- Stu News Laguna · 2020-09-18
This ruling comes as no surprise. The school board and superintendent abandoned the unlawful board committee excluding me as an elected board member from representing voters.
Perry's statement on the dismissal, recorded by Stu News Laguna. Stu News also reports the court's verbatim conclusion that amendment "would be futile."
- Patch (Laguna Beach) · 2020-03-25
Companion citation: documents the first of the three dismissals in the same proceeding (March 25, 2020 — too conclusory, granted leave to amend), establishing the three-strike procedural posture.
- Dee Perry v. Jason Viloria, et al. — Ninth Circuit docket primary Justia (Ninth Circuit docket aggregator)Justia (Ninth Circuit docket aggregator) · 2020-12-03
Documents Perry's Ninth Circuit appeal docket (Case No. 20-56081) following the district-court dismissal.
- Perry v. Viloria — Complaint (Document 1, filed December 10, 2019) primary U.S. District Court, Central District of California (via CourtListener / RECAP)U.S. District Court, Central District of California (via CourtListener / RECAP) · Michael J. Aguirre, Maria C. Severson · 2019-12-10
The operative pleading dismissed on September 17, 2020 — the complaint that the court found "too conclusory" and for which it determined amendment "would be futile."