|
|
DOCUMENTS The Documents associated with this case are listed below. They are arranged chronologically and if you have your Browser Status Bar checked on, you can hover over the link to see the date associated with it. Appeal Letter PDF Answer from BWest EMail to Rodolfich Answer from WRodolfich Board Meeting Presentation CellBusters ZP Manager Board Response My Response to Rodolfich Rodolfich Response Demand for Payment Rodolfich 2nd Response Justice Court Filing EMail to Defendants Press Release 1 Motion to Dismiss Millender Judgement Letter to Rodolfich EMail to Rodolfich Appeal to County Court Make-a-Deal Letter Motion2Dismiss 1 2 County Complaint Hearing Notice L1 L2 L3 Order Granted |
Welcome.
This is a case of a school district intruding on a parent's constitutional right to his property.
Schools legally must have a compelling reason for taking away an individual's rights, and they must use the least obtrusive ways to accomplish their goals.
The problem is that the school has taken the rights of the parents away from them and are acting like parents, even to the degree of taking away a child's cell phone.
A parent might have that right, to take the phone for the remainder of the school year, but not the school. I am in the technology business and I use
many tech devices including the phone that I allow my son to use. Children will disobey and break the rules sometimes and I answer by punishing him, but that
is my job, and what I do with my property outside of school hours is in no way the School District's business. They can confiscate the phone all they want
during school hours, but at the end of the day, they need to return my property to me. They can even chime in on disciplining the child with Community Service, Cutting their Grass,
mopping their floors, detention, suspensions, corporal punishment, but do not take the parent's property for such a long period of time. Their actions should be challenged under federal law U.S.
Title 42 USC Section 1983 for the violation of constitutionally protected liberties secured by the Fourteenth Amendment.
It is also in clear violation of the Mississippi State Constitution - Article 3, Section 14. Due process. No person shall be deprived
of life, liberty, or property except by due process of law. SOURCES: 1817 art I § 10; 1832 art I § 10; 1869 art I § 2.
To my opponents: Some have said that I have taken the wrong road by pushing this issue through a lawsuit and costing us taxpayers money by forcing the PSD to defend it. I answer that by saying that I took all the roads they gave to appeal the issue and show them how wrong the policy is. Not only did the Board not vote on the issue or convey that they agree the policy should be changed, but they did not even recognize that it is my property in question here. Had they responded that they agree the policy needs changing but it will not take effect till next year, then I would have not pursued this issue in court. It is their lack of communication with parents and failure to even listen that warranted this action and the formation of the Pascagoula School District WatchDogs (PSDW). How Long is too Long? The school can take a phone away when it is on their property, but they should return it to the parent. When municipal Policemen confiscate stolen property, they do not keep it, they return it to the owner and they do not wait until the end of the year to do it. Also, keeping the phone for the school year does nothing to satisfy their reasons for the confiscation since the phone can merely be replaced. The Courts argue that it is not theft because the phones are returned, but certainly everyone would agree that returning them after 100 years is too long, so what time period is too long? That is the question that needs to be answered here. Inappropriate Punishment. The school is punishing the parent who has contractual obligations regarding that phone and needs that phone to communicate with his child. This phone can also be used for homework and educational purposes, even business purposes like banking and selling on ebay. It prepares the Student for entrance into college or the workplace. It can be used for a multitude of other purposes and it is not the school's business how the parent uses his property when off campus. Ironically, the District's action is actually hampering the education process. At the same time, they are busy purchasing similar devices to use in the classrooms for education and even bragging about it. Privacy Concerns. These days a great deal of personal information is often stored on these devices. Passwords, Credit Card Numbers, Banking Apps, automated access to remote computers, just about anything important. Frankly, it is quite surprising that the School District is not concerned about liability exposure resulting from this information being abused, leaked out, or even lost by it's employees while the device is in their possession. Media Exposure. Sincere appreciation is hereby expressed to WLOX TV and the Sun Herald Newspaper for their coverage of this important issue. On the day after their coverage, this story was listed as number 2 in their most popular column showing the interest of other parents on this important topic. Hopefully neighboring School Districts with similar policies will also see the mistake they have made and follow the lead from Districts across the country who have modified their policies such as Colorado Schools did after the Columbine shooting. Read this EMail from my Sister who lives in the Denver area. Personal Remarks. My name is Mark Primo Miller and I have generated this information as a result of having my iPhone 4S confiscated on February 8, 2012 by Gautier High School to be held until the end of the school year (May 18). These first offense actions resulted in monetary damages to me of almost $900 plus a great deal of time trying to prevent it. The bad part was not as much the action, but the cold oppressive Tyranny of the PSD regime. What we have here basically is a legalization of theft by the government with no clear compelling reason of the necessity to do so. It is in clear violation of Mississippi State Constitution - Article 3, Section 14. Due process. No person shall be deprived of life, liberty, or property except by due process of law. SOURCES: 1817 art I § 10; 1832 art I § 10; 1869 art I § 2. Their action can also be challenged under federal law U.S. Title 42 USC Section 1983 for the violation of constitutionally protected liberties secured by the Fourteenth Amendment. It is just plain wrong for the PSD to take my property. There was pretty much no discussion or room for conversation. I made 3 visits to try and catch the Principal in person, but ended up discussing the matter on the phone only to be told he had no authority to return my property. Emails went unanswered, phone calls ignored, and letters when received came "Certified" as if I would deny receiving them. Instead of working with Parents, the PSD works against us which is counterproductive to the Education process. Everybody benefits when the school system involves the parents in a cooperative effort to educate our children. Instead the current Regime retaliates against Parents, Students, and Teachers if they don't shut up and follow their draconian policies quietly. Students are denied Homecoming Participation, extracurricular Sports Activities and the like. This practice needs to stop! The cell phone policy is basically not enforced unless for some unknown reason they decide to enforce it. One of their own Board Trustees said "they don't really enforce the policy" meaning that students are not searched for devices. At the same time there are reports of Teachers allowing some Students to use their phones in plain view while confiscating them from other Students. All this while Technology exists to detect their presence (See CellBusters Link to the Left). If you have a policy to prohibit their presence on campus then use the existing Technology to ensure they are not there. Do not invite them in so you can pick and choose who to make an example of. Reports suggest that at least 50% of all PSD Students carry the devices on them. I think all Parents will agree that in this era of time, these devices are essential parts of our lives, just as much as Pen and Paper were 20 years ago. Knowing how important my personal iPhone is to me, I came to believe that it is the best investment I could make for my child to become an Adult in the 21st century. The question of its presence at School is irrelevant. The PSD is telling me how to parent my child at home by taking my property. Take my property from my son for being disobedient but give it back to me. Let me punish my child. The School District is here for us Parents, not the other way around. Power and Money will corrupt those in charge if left unchecked. Thus the need for the Pascagoula School District WatchDogs (PSDW) at http://pascagoulaschools.com. Get involved today for a better tomorrow! |