Barns v. Gifford - ACLU-NV Complaint
A Muslim high school student, who wore her traditional hijab to school, was routinely harassed by peers at school with school officials’ knowledge and participation. She was routinely called a terrorist, and her pleas for help to school officials met with similarly inappropriate comments and no action. On October 19, 2004, the ACLU-NV in cooperation with attorneys at the O'Melveny and Myers firm in San Francisco filed Title VI, Title IX, and First Amendment Freedom of Religion claims on behalf of the student (Jana Elhifny) against the school district (Washoe County Schools) and various school employees who permitted this abusive treatment to continue. On July 12, 2007, the U.S. District Court for the District of Nevada granted defendants’ motion for partial reconsideration of order granting in part and denying in part plaintiff's motion for leave to file first amended complaint and ordered the adoption of the parties’ stipulated request to file an interlocutory appeal of that order. On Sep. 13, 2007, the Ninth Circuit granted both plaintiff and defendants a joint petition for filing an interlocutory appeal (9th Cir. docket No. 07-16743).