MOUNT VERNON — A lawsuit was filed Friday in the southern district court on behalf of a student at the Mount Vernon Middle School. The federal suit alleges civil rights violations by the Mount Vernon City School District Board of Education, superintendent Stephen Short, middle school principal William White and science teacher John Freshwater.

The complaint seeks declaratory and injunctive relief and monetary damages, including punitive damages, for constitutional violations in the school district with regard to the Establishment Cause of the First Amendment of the United States Constitution.

The allegations assert that during the 2007-08 school year Freshwater violated the United States Constitution as well as the policy of the Mount Vernon School district, and has not been disciplined for those violations. According to the complaint, previous to April 2008 Freshwater displayed the Ten Commandments, religious posters and Bible passages within his classroom and kept several Bibles in his classroom which were not for his personal use. He also allegedly taught students in his eighth-grade science class his own religious beliefs, including the meaning of Easter and Good Friday.

The suit further states that Freshwater taught intelligent design as early as 2003 and told students that information in the textbooks is wrong or not proven according to the Bible. He also allegedly uses code words in his classroom to inform his students when he disagrees with the classroom teachings based on his own religious beliefs.

In December 2007, the complaint continues, Freshwater burned an easily identifiable cross into the arm of at least two eighth-grade students with an electric device manufactured by Electro-Technic Products Inc. The complaint states, “Mr. Freshwater knew that the electric device, model BD-10A, could cause harm if placed in contact with human skin. As the eighth-grade science teacher it is Mr. Freshwater’s duty to understand and follow the manufacturer’s advice regarding the proper use of science equipment.”

A portion of the lawsuit relates to Freshwater’s role as an advisor to the Fellowship of Christian Athletes. Rather than merely acting as advisor, it states, Freshwater took an active part in the meetings, and failed to collect the necessary permission slips from students in attendance at the meetings.

Also at FCA meetings, the suit alleges that Freshwater distributed Bibles for the students present to give to other students at the school who were not present, and that an invited speaker told students “they should disobey the law to further their own religion, even if it means going to jail.”

Short, White and the school board are named as defendants in the case because they allowed Freshwater to continue to teach religion, and violate school policy and the Constitution after being notified of the policy violations and unconstitutional activities. For example, after April 14, the suit claims, Freshwater assigned “extra credit” to his students for homework related to intelligent design and was not removed from the classroom.

White also, according to the court documents, disclosed the identity of the plaintiffs to Freshwater, although Short had promised them anonymity. After the parents raised concerns of retaliation against their son, a field trip was scheduled, with their son assigned to a certain group and chaperone. The suit claims that once the child’s identity was revealed, his group assignment was changed to the one led by Freshwater. As a result, the parents “were forced to prohibit their son from attending the school field trip.” That caused injury by depriving the son of a valuable educational experience and discouraging the plaintiffs from continuing to exercise their right to free speech.

Freshwater’s action and the administration’s inaction, the lawsuit states, “have the purpose and effect of endorsing religion over non-religion and Christianity over other religious beliefs, thus violating the neutrality portion of the Establishment Clause.”

In addition to asking the court to issue an injunction against the teaching of religion in the school, the plaintiffs seek compensatory damages, punitive damages, reasonable attorney fees, prejudgment interest and post judgment costs, and other relief the court deems appropriate.

The plaintiffs also demand a jury trial.

News Staff Reporter Dylan McCament assisted with this article.