Perry v. Viloria — Complaint (Document 1, filed December 10, 2019)

Cited by 8 events

1. U.S. District Court dismisses Perry v. Viloria with prejudice on third try Sep 17, 2020

   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."

2. Perry v. Viloria federal civil-rights suit noticed on closed-session agenda Aug 31, 2020

   The complaint identifies the same five defendants whose conduct was the subject of the August 31, 2020 closed-session §54956.9 discussion; four of those defendants were sitting trustees deliberating the matter in that closed session.

3. Trustee Dee Perry files federal §1983 civil-rights complaint against Viloria and four fellow trustees Dec 10, 2019

   With pronounced intolerance for any substantive merit-based dissent arbitrarily deemed to be at odds with Board demands for "unity," "fidelity" and "allegiance" to the Board, through actions of the Board majority taken with conspicuous discriminatory intent, the Superintendent and four other Board members have retaliated and discriminated against Plaintiff, and in complicity with such aforesaid discriminatory purpose, conspired against her in violation of her First Amendment rights, including freedom of speech and association, Fifth Amendment right to due process, and Fourteenth Amendment right to equal protection of law, under the United States Constitution.

   Operative introductory allegation (¶3) of the Perry v. Viloria complaint as filed December 10, 2019. The complaint as a primary-source document is the canonical record of what Perry actually pleaded.

4. Perry alleges board majority created "Subcommittee on Confidential Matters" that excluded her June 2019

   Defendants' coup d'état involved the Board's delegation to the Subcommittee all authority of the Board with respect to matters which may be placed on an agenda pursuant to Government Code § 54956.9 (pending/potential litigation) or § 54957 (personnel) where, in the sole discretion and opinion of the of the Board, confidentiality concerns necessitate a delegation of the matter to the Subcommittee. The authority delegated to the Subcommittee would include the authority to take actions related to litigation, pending or anticipated, and personnel actions that are authorized to be taken in closed session.

   Verbatim allegation (¶67) of the Perry v. Viloria complaint. The complaint's characterization of the resolution as a "coup d'état" appears verbatim in the operative pleading.

5. Perry alleges Brown-Act-noncompliant closed meeting; press-comment dispute follows Mar 26, 2019

   On April 17, 2019, Defendants communicated to Plaintiff through counsel that by discussing retaliation in the press after the March 26 open meeting, she had violated closed meeting confidentiality rules imposed at the March 26 closed meeting. The April 17 e-mail also threatened she could be sued in her personal capacity and LBUSD could be sued for comments she made in the press about retaliation fears after the closed meeting on March 26, 2019. Plaintiff was warned the board and LBUSD would not provide legal counsel or assist her in any way if she was sued in her personal capacity.

   Verbatim allegation (¶64) of the Perry v. Viloria complaint.

6. Perry alleges Viloria stated "You have no right to talk to staff" at board meeting Jan 15, 2019

   When Plaintiff sought the recording of the Board meeting, she was informed it was not recorded. When she investigated the issue further, the Superintendent (Defendant Viloria) publicly chastised Plaintiff for the mere inquiry. Specifically, using hand gestures interpreted by many in the public as a tactic to silence her, the Superintendent stated to Plaintiff at the January 15, 2019 Board meeting, "You have no right to talk to staff" or to the recording services vendor about the December 11 meeting black-out.

   Verbatim allegation (¶50) of the Perry v. Viloria complaint.

7. Perry alleges Wolff sent unsolicited email to recent LBHS graduate to deter constituent contact Dec 21, 2018

   I had heard through the grapevine that some students who had graduated were planning to meet up with a board member during winter break to discuss the Student Senate at LBHS. … I am concerned about this meeting because it is not the place of a board member to become involved in a school site issue. It is outside of our scope, and it is actually outside of our bylaws and protocol. … The board operates as a "Board" and does so with majority rules decision making with all five members present. When a singular board member takes on a project, and then tries to manage that project individually, that is outside of the board's duties.

   Excerpts from Peggy Wolff's December 21, 2018 email to a recent LBHS graduate, quoted verbatim in paragraph 56 of the Perry v. Viloria complaint.

8. Annual organizational meeting: board removes Perry as Clerk and denies her rotation to President Dec 11, 2018

   After Plaintiff was re-elected in November 2018, at the December 11, 2018 annual organizational meeting, the Board once again failed to make a record of the proceeding by either audio or video recording. With a virtual open meeting black-out in effect, the Board block-voted to both remove Plaintiff as Clerk and deny Plaintiff the rotation to President in retaliation due to Plaintiff's political beliefs, strong advocacy on behalf of students, and open-door policy to her constituents.

   Verbatim allegation (¶47) of the Perry v. Viloria complaint. This is the origin-grievance for the litigation.