(The Center Square) – In what is considered a landmark win for parental rights and free speech, a federal jury found that officials from Marlin Independent School District, outside of Waco, unlawfully retaliated against parents who publicly complained about the district and violated their constitutional rights.
Five plaintiffs were awarded more than $7.5 million in damages, including $4 million in punitive damages against Marlin ISD’s former superintendent Dr. Darryl Henson and Marlin ISD’s Chief of Police John Simmons.
The unanimous verdict came after the district was taken over by the state in 2017. Henson was hired during the state take over. In 2022, the district improved its accountability rating for the first time in 10 years with 28% of student being at grade level. By 2024 grades had improved and a transition began with the state takeover slated to end Jan. 31, 2026.
The lawsuit was filed by the Pacific Justice Institute on behalf of parents Monica Johnson, Clifford and Brandolyn Jones and their children, Praiyer and Addai Jones.
The lawsuit stems from Henson delaying a May 2023 high school graduation, claiming only five seniors were eligible to graduate. The Joneses and their son publicly criticized the decision; Brandolyn Johnson created a petition calling for Henson’s removal.
A series of events ensued, including Johnson being removed from a public meeting; the district issuing a criminal trespass warning barring her from all Marlin ISD property; lowering Praiyer’s and Addai’s grades after the school year ended; and prohibiting Johnson’s daughter, Class of 2023 valedictorian Me’Kia Mouling, from delivering her valedictorian speech at the postponed graduation, PJI said.
“School officials also changed Me’Kia’s class rank and repeatedly taunted Ms. Johnson about it during a public meeting,” PJI said.
At trial, jurors heard testimony that nearly the entire senior class had been eligible to graduate on time, contradicting Marlin ISD claims.
Prior to suing, the parents filed a complaint with the Texas Education Agency and filed a grievance with Marlin ISD. Prior to a new parental rights law, which changes the grievance process, grievances filed with school districts demanding investigations and resolutions could be investigated by those whom the grievances were filed against. In this case, Hensen “investigated himself,” ruling against the parents, PJI said in court.
The parents received “cease and desist” letters from West & Associates LLP, the law firm of state Sen. Royce West, D-Dallas, representing Marlin ISD. The letters state their social media posts about the district were defamatory and threatens legal action.
Not soon after, the parents sued Marlin ISD in February 2024, arguing their First and Fourteenth Amendment rights were violated. Addai Jones also brought a claim under Section 504 of the Rehabilitation Act, which prohibits discrimination against the disabled who participate in federally funded programs.
A few months later, the district claimed that for 14 months it “endured a relentless campaign of misinformation, with baseless claims and defamatory statements spread across social media, local news and national platforms.”
The jury unanimously disagreed.
The jury awarded nominal and compensatory damages, in addition to punitive damages of $254,762 against Simmons and $3,753,437 against Henson.
“This verdict sends a clear message that public officials cannot use their authority to silence parents or punish students for speaking out,” PJI’s lead attorney Janelle Davis said. “School districts are entrusted with educating children, not intimidating families who demand accountability. The Constitution protects the right to challenge government misconduct, and this jury affirmed that principle.”
PJI President Brad Dacus said, “This jury stood up for the First Amendment and reminded every school district that the Constitution is not optional. The jury’s decision reinforces that public school officials are not above the law and will be held accountable when they violate the constitutional rights of parents and students.”
In response to the unanimous verdict, Marlin ISD issued a statement saying, “The District is currently reviewing the verdict with its legal team to evaluate all post-trial motions. It is important to note that under federal law, there are rigorous standards for municipal liability and qualified immunity. … Because this remains an active legal matter pending further judicial review the district will have no further comment at this time.”
