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- Jan 2, 2002
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ATHEISTS FILE CIVIL RIGHTS SUIT IN "OKLAHOMA OUTRAGE" -
SMALKOWSKI PRAYER BULLYING CASE
American Atheists filed suit in federal court Friday in a case
involving charges of "prayer bullying" and conspiracy to violate the
civil rights of an Atheist family.
In November, 2004, Nadia Smalkowski -- a student at Hardesty Oklahoma
High School and member of the female basketball squad -- was ordered
by her coach to participate in a game-time recitation of the "Lord's
Prayer." Ms. Smalkowski, an Atheist, refused and was then banished to
the locker room. Days later, following a meeting of school officials,
she was punished by being removed from the team.
The suit charges that Nadia and the rest of her family were then made
the victims of false accusations and "subjected to public humiliation
and distress." Her father, Chester Smalkowski, tried to meet with the
School Principal who "struck Plaintiff Chester Smalkowski repeatedly
without warning or provocation." Incredibly, a warrant was filed
against Mr. Smalkowski who was arrested and scheduled for trial.
Officials with the District Attorney's Office in Texas County,
Oklahoma then offered a deal where charges would be dropped if the
Smalkowski family agreed to leave the jurisdiction.
He refused the buckle under to the intimidation.
Represented by attorneys Tom Gungoll and American Atheists National
Legal Director Edwin Kagin, Smalkowski endured a five-day trial that
included a grilling of the school district superintendent. Mr.
Kagin patiently explained to the jurors what Atheism was. Many of the
prospective jurors opined that they could not believe the word of an
Atheist over that of a god-fearing Christian, and were struck for
cause. Some, including the wives of two local ministers, admitted
that they were incapable of being fair to an Atheist in such a
situation.
Attorney Tim Gungoll told the jury panel that he was a Roman Catholic,
but that the facts of the case -- not the religion of any of the
parties -- were of primary importance.
Chester Smalkowski was acquitted unanimously.
The federal suit, filed Friday in US District Court for the Western
District of Oklahoma names a battery of defendants including school
officials, the Texas County Sheriff's Department, County officers and
the Town of Hardesty, Oklahoma. It charges that the family's
constitutional rights were violated under, but not limited to, the
First, Fourth, Fifth, Sixth, Eighth, Ninth and Fourteenth Amendments.
It also charges that school officials "unlawfully and
unconstitutionally met in conspiracy to violate (the) Plaintiff's
constitutional rights."
In addition, it is charged that members of the District Attorney's
staff "conspired ... to punish Plaintiff Chester Smalkowski for his
religious views by prosecuting a criminal case against him" that they
knew "to be grounded on false statements and perjury."
The suit notes that a year after the first incident involving Ms.
Smalkowski, she once again tried to participate in the girl's
basketball team. Again, Coach Ernest Cook "attempted to force
Plaintiff N.S. to recite the "Lord's Prayer." Ms Smalkowski instead
"chose to recite the Pledge of Allegiance." This time, the suit
charges, Nadia Smalkowski was punished by school officials who falsely
accused her of "threatening another student." She was suspended
"without a Due Process hearing or notice, as is required by Oklahoma
Statutes." Eventually, she was suspended and denied her statutory
right to a hearing.
A school board member and her husband, a Texas County Deputy Sheriff
are identified and charged in the lawsuit as conspirators who
"attempted to hire, coerce, or otherwise convince, for payment of
money or other consideration on school property, one Jerry Kelly to
inflict personal harm on Plaintiff Chester Smalkowski in retaliation
for his religious opinions and in further retaliation for Plaintiff
Chester Smalkowski's attempt to defend his daughter and family against
the false and malicious allegations..."
Another charge focuses on a Deputy Sheriff who ostensibly ordered the
submission of falsified policy reports and attempting under false
pretext to have Mr. Smalkowski re-arrested. Other allegations listed
include:
* Attempts to coerce the bail bondsman to withhold bail without
charges.
* Improper meetings and private conferences involving local officials.
* Efforts to coerce the filing of a "groundless restraining order"
against Mr. Smalkowski.
* Efforts to obtain false statements from students "in order to create
a false cause for arrest."
* Harassment
* Efforts to coerce the giving of false testimony.
For more information:
http://www.atheists.org
(American Atheists Press Release on Smalkowski suit)
http://www.atheists.org/flash.line/smalko2.htm
"Just Another Salem," opinion piece by Chester Smalkowski"
http://www.atheists.org/flash.line/smalko1.htm
("Smalkowski acquitted on all counts in criminal trial," 6-26-06)
SMALKOWSKI PRAYER BULLYING CASE
American Atheists filed suit in federal court Friday in a case
involving charges of "prayer bullying" and conspiracy to violate the
civil rights of an Atheist family.
In November, 2004, Nadia Smalkowski -- a student at Hardesty Oklahoma
High School and member of the female basketball squad -- was ordered
by her coach to participate in a game-time recitation of the "Lord's
Prayer." Ms. Smalkowski, an Atheist, refused and was then banished to
the locker room. Days later, following a meeting of school officials,
she was punished by being removed from the team.
The suit charges that Nadia and the rest of her family were then made
the victims of false accusations and "subjected to public humiliation
and distress." Her father, Chester Smalkowski, tried to meet with the
School Principal who "struck Plaintiff Chester Smalkowski repeatedly
without warning or provocation." Incredibly, a warrant was filed
against Mr. Smalkowski who was arrested and scheduled for trial.
Officials with the District Attorney's Office in Texas County,
Oklahoma then offered a deal where charges would be dropped if the
Smalkowski family agreed to leave the jurisdiction.
He refused the buckle under to the intimidation.
Represented by attorneys Tom Gungoll and American Atheists National
Legal Director Edwin Kagin, Smalkowski endured a five-day trial that
included a grilling of the school district superintendent. Mr.
Kagin patiently explained to the jurors what Atheism was. Many of the
prospective jurors opined that they could not believe the word of an
Atheist over that of a god-fearing Christian, and were struck for
cause. Some, including the wives of two local ministers, admitted
that they were incapable of being fair to an Atheist in such a
situation.
Attorney Tim Gungoll told the jury panel that he was a Roman Catholic,
but that the facts of the case -- not the religion of any of the
parties -- were of primary importance.
Chester Smalkowski was acquitted unanimously.
The federal suit, filed Friday in US District Court for the Western
District of Oklahoma names a battery of defendants including school
officials, the Texas County Sheriff's Department, County officers and
the Town of Hardesty, Oklahoma. It charges that the family's
constitutional rights were violated under, but not limited to, the
First, Fourth, Fifth, Sixth, Eighth, Ninth and Fourteenth Amendments.
It also charges that school officials "unlawfully and
unconstitutionally met in conspiracy to violate (the) Plaintiff's
constitutional rights."
In addition, it is charged that members of the District Attorney's
staff "conspired ... to punish Plaintiff Chester Smalkowski for his
religious views by prosecuting a criminal case against him" that they
knew "to be grounded on false statements and perjury."
The suit notes that a year after the first incident involving Ms.
Smalkowski, she once again tried to participate in the girl's
basketball team. Again, Coach Ernest Cook "attempted to force
Plaintiff N.S. to recite the "Lord's Prayer." Ms Smalkowski instead
"chose to recite the Pledge of Allegiance." This time, the suit
charges, Nadia Smalkowski was punished by school officials who falsely
accused her of "threatening another student." She was suspended
"without a Due Process hearing or notice, as is required by Oklahoma
Statutes." Eventually, she was suspended and denied her statutory
right to a hearing.
A school board member and her husband, a Texas County Deputy Sheriff
are identified and charged in the lawsuit as conspirators who
"attempted to hire, coerce, or otherwise convince, for payment of
money or other consideration on school property, one Jerry Kelly to
inflict personal harm on Plaintiff Chester Smalkowski in retaliation
for his religious opinions and in further retaliation for Plaintiff
Chester Smalkowski's attempt to defend his daughter and family against
the false and malicious allegations..."
Another charge focuses on a Deputy Sheriff who ostensibly ordered the
submission of falsified policy reports and attempting under false
pretext to have Mr. Smalkowski re-arrested. Other allegations listed
include:
* Attempts to coerce the bail bondsman to withhold bail without
charges.
* Improper meetings and private conferences involving local officials.
* Efforts to coerce the filing of a "groundless restraining order"
against Mr. Smalkowski.
* Efforts to obtain false statements from students "in order to create
a false cause for arrest."
* Harassment
* Efforts to coerce the giving of false testimony.
For more information:
http://www.atheists.org
(American Atheists Press Release on Smalkowski suit)
http://www.atheists.org/flash.line/smalko2.htm
"Just Another Salem," opinion piece by Chester Smalkowski"
http://www.atheists.org/flash.line/smalko1.htm
("Smalkowski acquitted on all counts in criminal trial," 6-26-06)
