Yara v. Perryton Independent School District

Andrew Yara (plaintiff) was a student at Perryton High School. Andrew’s world-history teacher conducted an annual activity to teach students about persecution experienced by Jews in Nazi Germany. Half of the students were required to wear red ribbons, and the other half were told to discriminate against the ribbon wearers. Teachers and staff members participated. Andrew wore a red ribbon the third year the activity was held. A staff member instructed red-ribbon wearers to kneel and face the wall. Andrew’s cousin ordered Andrew to carry him to his class. Another student jumped on Andrew’s cousin’s back, causing the students to fall. Andrew was hurt but continued to follow orders and carried his cousin and two other students to their classes. Andrew underwent medical treatment for pain and depression arising from the activity. No student had been hurt in previous years. Andrew and his parents (the Yaras) (plaintiffs) sued the Perryton Independent School District (Perryton) (defendant), alleging violations of Andrew’s Fourth Amendment right to be free of unreasonable seizures and excessive force and Fourteenth Amendment right to bodily integrity. The district court granted Perryton summary judgment, holding that there was no evidence that the school board, which was Perryton’s policymaker, had adopted a policy that impelled the alleged constitutional violations or was deliberately indifferent to alleged violations arising from lack of staff training or supervision. The Yaras appealed.