Student again sues Tempe district - East Valley Tribune: East Valley Education News

Student again sues Tempe district

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Posted: Tuesday, March 28, 2006 10:26 am | Updated: 3:03 pm, Fri Oct 7, 2011.

A Mountain Pointe High School senior who two years ago made a federal case out of her rivalry with another girl over a boy has sued the Tempe Union High School District — again.

The most recent suit, filed Feb. 23, alleges that the district, the school’s principal and a security guard retaliated against her for filing the first suit, which was a breach of its settlement agreement.

“The district is actively defending the lawsuit and denies that there is any merit to this second lawsuit, just as there was no merit to the first lawsuit,” said attorney David Schwartz, who represents the district. “This lawsuit apparently is about parking.”

Ashley Mosby, 18, alleges that the district enlisted security guard Kelly Swift in its effort to retaliate against her by repeatedly giving her parking tickets when no violations actually occurred.

In court documents, the district denied Mosby’s charge of retaliation, but confirmed that her parking privileges were revoked.

The district also denied Mosby’s other allegation that she was suspended from school in September without a chance to refute charges against her.

Schwartz wrote in the district’s answer to the lawsuit that Mosby was “lawfully

suspended” from the school “based upon conduct.”

Mosby and the district settled the first lawsuit on Oct. 20, 2004, when she was a junior.

The district paid her $3,000 and agreed to follow the law and district policies when disciplining her in the future, according to the written agreement.

That lawsuit alleged that school officials took sides in a dispute over a boy between Mosby and another girl, punishing only Mosby for mutual name-calling and telling her she could no longer look at her rival or mention her rival’s name.

Mosby’s attorney, Nick Hentoff, did not return a call for comment.

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