O’Melveny & Myers, the law firm representing the San Marino Unified School District, Superintendent Dr. Alex Cherniss, Assistant Superintendent of Human Resources Linda de la Torre, San Marino School Board President Shelley Ryan, Vice President Lisa Link and Boardmembers Nam Jack and C. Joseph Chang, on Monday filed a motion to dismiss Boardmember Chris Norgaard’s second amended complaint against the defendants.
Norgaard is suing the district in federal court for civil rights violations, including defamation of character, under the First and 14th Amendments of the Constitution. Norgaard is seeking unspecified compensatory, special and punitive damages as well as attorney fees. The longtime School Board member also is seeking a permanent injunction against the School District for what he claims is the violation of his constitutional rights as a member of the SMUSD Board of Education.
Norgaard’s lawsuit lists as defendants Superintendent Dr. Alex Cherniss, Assistant Superintendent of Human Resources Linda de la Torre and each San Marino school board member, individually.
The School Board members named in the lawsuit are President Shelley Ryan, Vice President Lisa Link and Board Members Nam Jack and Joseph Chang.
Norgaard’s claim is based upon investigations launched in January by the San Marino Unified School District and the San Marino Police Department into alleged improper conduct by Norgaard, though the boardmember was not prosecuted in the matter.
If Judge Fernando M. Olguin does not rule in favor of the motion to dismiss, the case is scheduled for a hearing on Thursday, Sept. 6 at 10:00 a.m. in United States District Court. Last week, Olguin ordered the parties and their attorneys to enter into formal settlement talks before a mediator. The first session has been scheduled for Tuesday, August 21.
The 32-page motion to dismiss challenges most of Norgaard’s Second Amended Complaint, or SAC.
“No amendment can save his legally infirm claims,” the conclusion of the motion to dismiss states. “The Court should grant defendants’ motion, dismiss the SAC in its entirety without leave to amend, and bring this spiteful case to an end.”
Guy Glazier, Norgaard’s attorney, said he will “analyze the defendants’ motion and associated papers and prepare our opposition.” The response is due by Thurs., August 16.
