Mozert v. Hawkins County Board Of Education

827 F.2d 1058 (6th Cir. 1987)

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Nature of the Case

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Facts

Hawkins County Board of Education (D) adopted the Holt, Rinehart and Winston basic reading series for use in grades 1-8 in the public schools of the county. Vicki Frost is a mother of four children three of whom attended public school in D. Vicki read a story in her daughter's sixth-grade reader that involved mental telepathy. She also found additional themes in the book to which she had religious objections. Frost talked to others and the principal and obtained an agreement for an alternative reading program for those who objected to the Holt readers. D then voted unanimously to eliminate all alternative reading programs and require every student in public schools to attend classes using the Holt series. Ps filed suit under 42 U.S.C. 1983 on religious grounds. Frost considered herself a born-again Christian and that the books portrayed ideas and themes that were highly offensive to her and her family’s beliefs. The district court gave the judgment to Ps and awarded $50,000 in damages and ordered the school system to excuse objecting students from reading those books and to establish alternative work sessions.