Olmsted County judge denies JM student's request for restraining order, reinstatement to band class
(Ed. note: Both stories about this issue are included. Since both are long, I included the print-version links at the top of the page. -EM)
LINK: Judge denies restraining order
LINK: JM student alleges discrimination
Judge denies restraining order in band removal lawsuit
By Elliot MannThe Post-Bulletin, Rochester MN
An Olmsted District judge has denied a legal request from a 14-year-old John Marshall High School student to return to his freshman band class pending a future decision on an injunction.
Judge Joseph Chase issued his ruling Monday afternoon, and the student will remain in the sophomore band class where the Rochester school district moved him for now.
A hearing on a temporary injunction to reverse the district's decision is scheduled for April 29.
The student and his mother filed a discrimination lawsuit in Olmsted District Court last week against the school district and an assistant principal at JM. The family requested a temporary restraining order so the student could return to his freshman band class while the case was pending, and Chase had a hearing on the request Friday.
The student was reassigned to a different band class while the district investigated a claim that he had inappropriately touched a female student. The student, represented by Rochester attorney James McGeeney, alleges he was discriminated against because of his race and sex.
The complaint seeks more than $50,000 in damages.

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