In 2004, Pamela Hensley was teaching evolution in her 8th grade science class in a small community several miles outside of Selma, North Carolina, when a "lively" discussion ensued with her students. Parents of one of the students wrote a letter to the Principal charging that Ms. Hensley was rude to their daughter and gave her a poor grade in retaliation for her religious views. The parents wrote that it was their intention "to rid our school system of" Ms. Hensley who forces "her 'Alternative Live [sic] Views' on children who have proven they don't subscribe to the same beliefs as her."
After investigating, the Principal admonished Ms. Hensley for telling students that the Bible is not to be read literally, but allowed her to continue her teaching assignments.
In October of 2005, the same father met with the School Board and some weeks later Ms. Hensley was transferred to a remedial language arts position at a different school about 10 miles away. Hensley filed a grievance with the School Board shortly thereafter and filed a "Complaint and Demand for Jury Trial" with the County Superior Court in May 2007. The case was subsequently moved to the Federal District Court.
On 23 December 2010, the court dismissed all of Ms. Hensley's complaints except for one claiming insufficient accommodation under the ADA [Americans with Disabilities Act], although she was denied punitive damages with that claim.
|6/20/07: Notice of Removal to U.S. District Court||402.45 KB|
|7/30/07: Defense Motion to Dismiss||615.31 KB|
|7/30/07: Defense Memorandum Supporting Motion to Dismiss||564.96 KB|
|8/21/07: Plaintiff memorandum Opposing Defendant's Motion to Dismiss||1.73 MB|
|8/22/07: Defense Motion to Stay Discovery||19.3 KB|
|8/22/07: Order to Stay Discovery||39.15 KB|
|8/22/07: Defense memorandum Supporting Motion to Stay Discovery||51.78 KB|
|9/5/07: Defense Memorandum in Support of Motion to Dismiss||49.02 KB|
|9/6/07: Plaintiff's Opposition to Defense Motion to Stay Discovery||269.11 KB|
|9/12/07: Order on Defense Motion to Stay Discovery||111.66 KB|
|12/23/10: Order on Defense Motion to Dismiss||972.71 KB|
|12/30/10: Order Lifting Stay on Discovery||39.02 KB|
|1/6/11: Order for Discovery Plan||49.05 KB|
|1/6/11: Defendant's Answer to Complaint||100.3 KB|
|2/18/11: Proposed Joint Discovery Plan||102.67 KB|
|2/18/11: Stipulated Protective Discovery Protocol||88.21 KB|
|2/23/11: Scheduling Order||51.34 KB|
|3/22/11: Joint Motion Stipulating Protection of Confidential Information||295.39 KB|
|3/23/11: Court Adopts Stipulated Protective Order||25.33 KB|
|4/12/11: BOE Motion to Amend its Answer to Complaints||1.7 MB|
|4/12/11: BOE Memorandum Supporting Amended Answer||115.8 KB|
|4/12/11: BOE's Suggested Response of Court||47.29 KB|
|5/13/11: Amended Answer to Complaint||67.91 KB|
|8/8/11: Voluntary Dismissal||764.31 KB|