OMG this lawsuit makes me wanna holla! A public school teacher names James Corbett previously lost a federal lawsuit at the district court level for remarks he made in class that student Chad Farnan claimed violated his first amendment religious rights. Now that decision has been appealed to the 9th U.S. Circuit Court of Appeals:
The teacher also said "When you pray for divine intervention, you're hoping that the spaghetti monster will help you get what you want." This is a reference to the Flying Spaghetti Monster, an "alternative" religion. Bizarrely, Erwin Chemerinksy, who I greatly admire and is serving as the attorney for Corbett, had to argue these statements "had legitimate teaching purposes that did not promote hostility toward religion."A Santa Ana federal judge ruled in 2009 that Corbett violated the First Amendment's establishment clause when he referred to Creationism as "religious, superstitious nonsense" during a classroom lecture.But the judge – noting Corbett would not have necessarily known he was violating student Chad Farnan's constitutional rights – also barred the teacher from having to pay attorney fees and damages under a "qualified immunity" defense. Qualified immunity is a form of federal protection for government employees who have violated an individual's constitutional rights.Both sides appealed the ruling to the 9th Circuit. Corbett is seeking to be vindicated; Farnan is seeking a stronger ruling against Corbett, and for Corbett's qualified immunity to be tossed out.The 9th Circuit court, which did not make any decisions Friday, has wide discretion with this case. It can rule on any or all of the arguments presented, declare portions to be moot, and/or send the case back to the trial court.Corbett remains in his teaching position; Farnan, who brought the lawsuit as a sophomore at Capistrano Valley High in December 2007, is now a freshman at Pepperdine University in Malibu.
