2013-03411

| EUIBAUGES F'D2: 030|E

, V, , L CIVI L
S 6 CH. IL DISTRICT CCIURT FDR THE PARISH (IF DRLEANS DISTRICT COURT
EC IUD
STATE DF LUUISIANA

Nil: DIVISION: " 030 "

MDNTRELLE FENNIDT, DN BEHALF DF HER MINCIR CHILD, FAITH

FENNIDY AND TDYDNITA PARQUET, DN BEHALF DF HER
NHNDR CHILD, TYRIELLE DAVIS

VERSUS

CHRIST THE KING PARISH SCHDDL, DA 030WN

SWEAR CASTILLD, AND THE
RDMAN CATHDLIC CHURCH [IF THE ARCHDIDCESE OF NEW" DRLEANS

FILED DEPUTY CLERK

VERIFIED PETITIDN FDR TEMPDRART RESTRAINING ORDER,

PRELIMINARY INJUNCTIDN, AND PERMANENT INJUNCTIDN

HOV. INTI]
031 CCIURT, through underaigned counael, come:-. petitioner, Montrelle Fennidy, on

behalf of her minor child, Faith Fennidy, and Toya Parquet, on behalf of her minor child T_1..'I'ielle

Davis. [hereinafter referred to av. 034l 030etitioneri-.

through035},
undereigned counsel. who re.~'.pectfull;.' file

this Verified Petition for CI-'«t: 030l1.1]'!l.t2t 030l'E1I'Reetraining

_ 0301.-' Order, Preliminary lnj unction, and Femianent

In_iunction., and, in aupport thereof, state and aver as. follcn.-.-'5:

1.

The following per:-'.on or entitiee are named as. Defendant:-'. herein:

A. CHRIST THE KING PARISH SCHUCIL [hereinafter referred to a5 034Chriet the

King 035)
an elementary :~'.chool located in the Parislr of Jeffer:-.on., State of Louisiana
which is". under the control of the Archdioceae of }402fl}401}402}402}401;

B. DA"WN S'WEAR CASTILLD fhereinafler referred to Eli-i. 034Ca:-.tillo

aperson
035} of the
Hill age of niajority, who, upon infomiation and belief, it-'. domiciled in the Pariah of
Jefferson, State of Louiaiana who at all pertinent timea herein was. tl1e principal of
Christ the King Pariah School;

C. THE RDMAN CATHULIC CHURCH OF THE ARCHDIDCESE DF NEW

DRLE ANS {hereinafter referred to as. 034The
Arch.dioces.e 035},
a Louii-'.iana non 024prof1t
corporation domiciled in the Pari:-'.h of{)rlearL~., State of I_.oui:-'.iana_ authorized to do
and doingbuuiness. in the State of Loui.~'.iana:_
2.

Venue l5 appropriate in Orleans. Pariah pursuant to the Louii~'.iana Code of Civil Procedure.

3.

This. I-lonorahle Court ha_~'.jurii=.dictiu1 and authority over this. matter.

4.

Petitioners daughter:-'.
031 are both L-i.lP 030tII1
{tat- 034;.
grade atudents. at Chriat the King I 031ari5.h
School.

-1. Ellen Philbrick

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Inpreparationfortheupcomingschoolyear, Mrs.FennidytockherdaughteFaithtogether

hairbraidedtoherscalp inneatcornrows.

6.

Ms. Parquet, wlnse daughter Tyrielle suffers from medically diagnosal hair loss, also

prepared her child for the upcoming school year by fitting her with hair extensions which fell

approximately3 inchesbelowhershoulders.

7.
Onthe firsidayoftheschool)ear, Thursday,August9,2018, Faithwassitting inhomeroom

with the rest of her classmates when her teacher, who was sitting at her desk, called across the

classroom and loudly asked Faith whether her hair was "real." The teacher then approached the

)ounggirlandhandedherareprimand letterthat hermotherwassupposediosignandreturntoher

teacherthefollowingday.TheletterdeclaredthatFaithwasnot incompliancewithChristtheKing's

newmandateprohibitingherhairstyle.

8.

Shortly thereafler, Faith was called out of class by the school's guidance counselor, Diana

Hetzler. Ms. HetzlerorderedFaithtobenddownshecouldexamineherhairforextensions.

9.
The following day, Ms. Parquet's daughter, Tyrielle Davis, was approached by an

administrativeassistant, Ms. Sue Sltepard, whocommentedtotheyounggirlthatherhaitseemedio

have grown significantly since the previous year.

10.

Upon infonnation and belief, Shçard and another school administrator, Linda Vincent, later

wenithroughthe2016-2017)earbookinordertocompareTyrielle'sclassphoto fromtheprevious

3earwithherhairfromthecurrentyearanddeducedthatshewaswearinghairextensions.
11.

ShepardthalaskedTyrielle ifshehad"thatstuff'inherhair.Shepolitelymnfamedshewas

wearinghairextensions.

12.

Subsequently,Tyriellewasapproachedbyherteacher, Ms. McCannwlnscoldedtheyoung

girl and told her she had to take "that stuff' out of her hair and have her mother sign the same

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ri dletterFaithreceivedthepreviousday. DISTRICTCOURT

13.
OnMonday,August 13,2018, Mrs.Fænidycontactedtheschool'sprincipal, Dawn Castillo,

asking that her daughter be allowed to maintain her braids. Mrs. Fennidy explained to Castillo that

thebraidedextensionswerenecessaryinordertopreserveherdaughter'shairoverextendingperiods

of time. Castillo infornxd Mrs. Fennidy that ille extensions were not permissible because "Styles

uhiä draw undue attention to the student and cause distractions in class are not allowd."

14.

FaithhaswornbraidssinceshestartedattendingChristtheKing.Sheisanexceptionalstudent

andhasneverbeendisciplinedforcausingadistraction.Nevertheless,Mrs.Fennidyofferedioshorten

herdaughter'shairstyle inordertoappeaseChristtheKing.

1 5.
Both Mrs. Feinidy and Castillo agreed that Faith would have her hair re-styled such that it

did notextend beyondhershouldersbeforeMondayofthe followingschoolweek.

16.

On August 16, 2018, Ms. Parquet also attempted io reach a compromise with Castillo on

behalf of her daughter Tyrielle. At that time, she explained her daughter's medical condition and

requestedthatshebeallowedtomaintainherexiensions ifsheworethan inaneatbun.

17.
Castillo repeated the same excuse regarding hairstyles which "cause distractions." She then

told Ms. Parquet to provide the school with a physician's note and to cut her extensions to the nape

of her neck. Castillo then sent an email to Ms. Paiquet declaring that she would be monitoring the

child'shairgrowthperiodically.

18.

Faithsubsequentlyreturnedioschoolwithherhairbraidedintoaponytailthaldidnotextend

beyond her shoulders. Ms. Fennidy spent considerable time and money altering her daughter's hair

into a style that would be acceptable to Christ the King.

19.
However, despite the agreement Castillo and Mrs. Fennidy teached the previous Monday,

Faith was again removed from her classroom for having extensions in her hair. Castillo then asked

Mrs. Fennidy to retrieve Faith from school.

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When Ms. Fennidy aniwxl at fle school she again attempted to explain the complexities of

AfricanAmericanhairinlupesthatCastillowouldunderstandthediscriminatorynatureofthepolicy.

21.

Castillo then responded that the young girl's braids were distracting because girls have the

lendency to "twirl' and "fly" their extensions.

22.

WhenMrs.Fennidyhighlightedthefacithatyounggirlsfliptheithairwhen it'slongwhether

or not the hair is "naturaf', Castillo avoided responding to her inquity by declaring "It's just

wmething m mnt. We don't want them wearingfake hair."

23.
Castilloendedtheconversationsaying,".She (Faith)can'tcomebackfaschool."

24.

Subsequently, Mrs. Fennidy was informed that her tuition bill for the month of September

wouldbecancelledandFaithhasnotbesiallowaltoreturntoschool.

25.
Tyrielle has also not been allowed to return to school pursuant to Christ the King's policy

legarding hair extensions.

26.

The ArcMiocese and Christ the King are joint and solidary obligors who are liable for the

actionsoftheitemployees, including Castillo.

27.
Thevalidityoftherulesandregulationspromulgatedbyaschool'sgoverningbody forthe

operationofschoolsunderitssupervisionmustbe interpretedinlightoftheequalprotectionclause

of the United States Constitution, Amendment XIV, Section 1, and the due process clause of the

Louisiana Constitution. Estav v. Lafourche Parish School Bd., 230 So.2d 443, 447 (La. App. 1st

Cir. 1969). The requirements of the equal protection clause of the U.S. Constitution and the due

process clause of the Louisiana Constitution are fulfilled when the laws or regulation involved

equallyaffeciallpersonssimilarlysituated.I_d.Aschoolboard'spoliciesmustbefair,notarbitrary,

reasonable, and all students in the same classification are accorded uniform treatment. Id. at 450.

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Christ the King's policy regarding "natural' hairstyles are discriminatory in that the policy

hasadisparate impaciontheAfricanAnnican femalepopulationofstudentsatChristtheKing.On

information and belief, only the Afiican American girls who attend Christ the King have been

inspected, investigated, reprimanded, and subsaluently punished for wearing extensions in violation
oftheEqualProtectionclauseoftheUS Constitutionandtheirdueprocesarightsafforded underthe

Lawsoflouisiana.

29.
Faith and Tyrielle have a fundamental right to an education and a right to attend school

without fear of intimidation or ridicule from faculty and staff based on their race and cultural

e(pression.

30.
AsaresultofChrist the Kings' biasedanddiscriminatorypolicies, Petitioners'daughtershave

been prohibited fromcompletingtheacademicschoolyearwiththerestoftheirclassmates. This is

clear irreparable harm.

31.
Petitioners have no other adequate remedy at law. A temporaty restraining order against

Defendants preventing Christ the King from a1forcing this policy is essential until such time as the

O)uricanaddressthemeritsofPetitioner'spreliminaryinjunction.

32.
Petitioners respectfully request iliat no bond amount be set by the Court due to the facts and

circumstancessunoundingthiscase,notablythatofminorchildren,theireducation, andwell-being.

33.
Plaintiffs have notified defendants in writing of their intent to seek a temporary restraining

order.

WHEREFORE, Petitioners, Montrelle Fennidy and Toyonita Parquet, respectfully pray that

this Honorable Court order service of this Verified Petition for Temporary Restraining Order,

Preliminary Injunction, and Permanent Injunction on Defendants, Christ the King Parish School,

Dawn SwearCastillo, andtheRomanCatholicCl1urchoftheArchdioceseofNewOrleans, andthat

it further:

1. Issueatemporaryrestrainingordertotakeimmediateeffect,directedtoDefendant,Christ
the King Parish School, restraining, enjoining, or prohibiting it from enforcing its policy

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2. OrderthatPetitionesnotbecompelledtopostanybondandholdingthatthetemporary
restraining order shall take itnmediate effect,notwithstanding the delay in posting.

3. Setahearingonpreliminaryinjunctiverelief,inaccordancewithLouisianaCodeofCivil
Pmcedure article 3602, to take place no later than ten (10) days from the issuance of the
temporary restmining order; and

4. After due proceedings are had, gænt Petitiones preliminary and permanent injunctive
relieftowhichshemaybeentitled,aswellasanyotherrelieftowhichshemaybeentitled
bylaworequity,includingdamages,costs,andattorney's fees.

Respectfullysubmitted,

CHEHARDY,SHERMAN,WILLIAMS,
MURRAY,RECILE,STAKELUM,
& HAYE P

JAMES WILLIAMS(BRN26141)
INEME5IT U. O'BOYLE (BRN 30007)
ERIN B. RIGSBY (BRN 37374)
One Galleria Boulevard, Suite 1100
Metairie,Louisiana 70001
Telephone: (504) 833-5600
Facsimile: (504) 833-8080
AttorneysforPetitioners

PLEASE SERVE:

CHRIST THE KING PARISH SCHOOL

'Ihroughisprincipalplaceofbusiness:
2106DeerfieldRd.
Terrytown,LA70056

CHRIST THE KING PARISH SCHOOL

'Ihroughilsregisteredagent forserviceofprocess:
Jeffrey J.Entwisle
7887 Wahnsley Avenue
Neworleans,LA70125

DAWN SWEAR CASTILLO

'Ihroughherplaceofemployment:
Christ the King Parish School
2106DeerfieldRd.
Terrytown,LA70056

THE ROMAN CATHOLIC CHURCH

OFTHEARCHDIOCESEOFNEWORLEANS
'Ihroughilsregisteredagent forserviceofprocess:
Jeffrey J.Entwisle
7887 Wahnsley Avenue
Neworleans,LA70125

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CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS DISTRICT COURT

STATE OF LOUISIANA

NO.: DIVISION: " "

MONTRELLEFENNIDY,0NBEHALF0FHERMINORCHILD,FAITH
FENNIDY AND TOYONITA PARQUET, ON BEHALF OF HER
MINOR CHILD, TYRIELLE DAVIS

VERSUS

CHRIST THE KING PARISH SCHOOL, DAWN SWEAR CASTILLO, AND THE
ROMANCATHOLICCHURCHOFTHEARCHDIOCESEOFNEWORLEANS

FILED DEPUTY CLERK

VERIFICATION

BEFORE ME, the undemignedNotary Public, didcomeand appear

JAMES M. WILLIAMS

Who, after being duly sworn,didattest and state that:

1. IamanaltorneylicensedtopracticeintheStateofLouisiana.

2. IamcounselforPetitioner,MontrelleFennidy,onbehalfofherminorchild,FaithFennidy.

3. Iamcounsel forPetitioner,ToyonitaParquet,onbehalfofherminorchild,Tyrielle

4. All facts contained in the foregoing Verified Petition for Ternporary Restmining Order,

Preliminary Injunction and Permanent Injunction are true and accmate to the best of my

knowledgeandbelief

FURTHERAFFIANT SAYETHNOT,

JAM M.WILLIAMS

SWORNTOAND SUBSCRIBEDbeforeme,
onthis23ddayofAugust,2018

NOTARY PUBLIC

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CIVIL DISTRICT COURT FOR THEPARISH OFORLEANS DISTRICTCOURT

STATE OFLOUISIANA

NO.: DIVISION:" "

MONTRELLE FENNIDY, ON BEHALF OF HER MINOR CHILD, FAITH
FENNIDYAND TOYONITA PARQUET,0N BEHALF0FHER
MINOR CHILD, TYRIELLE DAVIS

VERSUS

CHRIST THE KING PARISH SCHOOL, DAWN SWEAR CASTILLO, AND THE
ROMAN CATHOLIC CHURCH OF THE ARCHDIOCESE OF NEW ORLEANS

FILED DEPUTYCLERK

RULETO SHOW CAUSE

IT IS HEREBY ORDERED that Defendants, Christ the King Parish School, Dawn Swear

Castillo, and The Roman Catholic Oturch of the Archdiocese of New Orleans, show cause on the

day of , 2018, at a.m./p.m., in Division of Civil District

Court for the Parish of Orleans, why a preliminary injunction in the form and substance of the

temporaryrestrainingorderabove, shouldnotbe issued, andbeeffectiveduringthependencyofthese

proceedings. On the hearing of this rule, proof may be adduced in accordance with Louisiana Code

of Civil Procedure article 3909 by verified pleadings, by supporting affidavits, or by proof as in

ordinarycases, orbyanyorallofsuchmethods, attheelectionoftheparlyofferingproof.

NewOrleans,Louisiana, this__dayof ,2018.

JUDGE

SEENEXT PAGEFOR SERVICEINSTRUCTIONS

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CIVIL DISTRICT COURT FOR THEPARISH OFORLEANS DISTRICTCOURT

STATE OFLOUISIANA

NO.: DIVISION:" "

MONTRELLE FENNIDY, ON BEHALF OF HER MINOR CHILD, FAITH
FENNIDYAND TOYONITA PARQUET,0N BEHALF0FHER
MINOR CHILD, TYRIELLE DAVIS

VERSUS

CHRIST THE KING PARISH SCHOOL, DAWN SWEAR CASTILLO, AND THE
ROMAN CATHOLIC CHURCH OF THE ARCHDIOCESE OF NEW ORLEANS

FILED DEPUTYCLERK

PLEASE SERVE:

CHRIST THE KING PARISH SCHOOL

'Ihrough at its principal place of business:
2106DeerfieldRd.
Terrytown,LA70056

CHRIST THE KING PARISH SCHOOL

'Ihrough itsregisteredagni forserviceofprocess:
Jeffrey J. Entwisle
7887 Walmsley Avenue
NewOrleans,LA70125

DAWN SWEARCASTILLO
'Ihroughherplaceofemployment:
Christ the King Parish School
2106DeerfieldRd.
Terrytown,LA70056

THEROMANCATHOLICCHURCH
OF THE ARCHDIOCESE OF NEW ORLEANS
'Ihrough itsregisteredagni forserviceofprocess:
Jeffrey J. Entwisle
7887 Walmsley Avenue
NewOrleans,LA70125

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STATE OFLOUISIANA

NO.: DIVISION:" "

MONTRELLE FENNIDY, ON BEHALF OF HER MINOR CHILD, FAITH
FENNIDYAND TOYONITA PARQUET,0N BEHALF0FHER
MINOR CHILD, TYRIELLE DAVIS

VERSUS

CHRIST THE KING PARISH SCHOOL, DAWN SWEAR CASTILLO, AND THE
ROMAN CATHOLIC CHURCH OF THE ARCHDIOCESE OF NEW ORLEANS

FILED DEPUTYCLERK

ORDER

11 appearing from the Verified Petition for Temporaty Restraining Order, Preliminary

Inj unction and Permanent Inj unction, that Petitioners' rights will be immediately and irreparably

harmed before notice can be served and hearing had on this application for a preliminary

injunction:

ITIS ORDERED, ADJUDGED, AND DECREED thatatemporatyrestrainingordertotake

inunediate effect, directed to Defendant, Christ the King Parish School, restraining, enjoining, or

prohibitingitfromenforcingitspolicythat'%lythestudent'snaturalhairispermitted.Extensions,

ägs, hairpieces ofany kind are not allowd."

1TISFURTHERORDERED,ADJUDGEDANDDECREEDthatthistemporatyrestraining

ordertakeeffect immediately withoutiltepostingofbondby Petitioner.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this order shall expire at

12:00 p.m. on the tenth (10% day following Petitioners posting of bond, if any, unless within such

time, this Order is extended by the Courl or unless Defendants ensent that this Order may be

estended foralongerperiod.

NewOrleans,Louisiana, this dayof ,2018.

JUDGE

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