Nevada: Suit filed after student arrested and expelled from school for e-mails sent from home

After a high school student sent an allegedly threatening e-mail to a friend on his home computer, he was arrested, held in jail for 32 days while interrogated and then expelled from school. The boy claims his First Amendment rights were violated. -DB

Courthouse News Service
October 29,2009
By Nick Divito

RENO, Nev. – A high school student was arrested, jailed for 32 days and expelled from school for emails he sent to a friend from his home computer, he says in a constitutional complaint against Douglas County High School.

Douglas County High School officials had Landon Wynar arrested on Feb. 7, 2008, for emails he had sent the night before, Landon’s father, Mark, claims in Federal Court. The complaint does not specify the subject of the emails, but says the basis for his expulsion was an alleged violation of school policy that prohibits “impairing or threatening the health, safety or a welfare of teacher, students or other persons.”

Before his arrest at school, “defendants interrogated Landon without contacting his parents,” the complaint states.

Landon was held in Douglas County Jail for 32 days based solely on the defendants’ allegations, according to the complaint.

During those 32 days, he says, school officials interrogated him “in an attempt to obtain incriminating statements.”

On March 6, 2008, almost a month after he was arrested, Wynar says he was suspended for 10 days without a hearing; his parents were notified by mail of his suspension.

Two weeks later, school officials expelled him for up to 90 days, though no evidence was submitted and no students testified, he says.

Wynar says his constitutional rights have been violated. He wants an order expunging his school records, permission to make up his schoolwork and at least $100,000 in compensatory damages.

He is represented by Jeffrey Blanck.

Copyright 2009 Courthouse News Service