Date: 10-30-2009

Case Style: Samuel and Tina Whitson v. Knox County Board of Education, et al.

Case Number: 3:05-cv-00274

Judge: Thomas W Phillips

Court: United States District Court for the Eastern District of Tennessee (Knox County)

Plaintiff's Attorney: Heather Hacker, Alliance Defense Fund, Folsom, California; Nathan W Kellum and Jonathan Scruggs, Alliance Defense Fund, Memphis, Tennessee; Charles Pope, The Pope Law Offices, Athens, Tennessee

Defendant's Attorney: Gary Prince and Alexander Vogel, O'Neil, Parker & Williamson, Knoxville, Tennessee

Description: Samuel and Tina Whitson, the parents of Luke Whitson, a fourth grader at Karns Elementary School, sued the Knox County Board of Education and others under 42 U.S.C. 1983 claiming that Defendants violated Luke's rights by refusing to read and discuss Bible passage during recesses with other students. Plaintiffs sought $1 in damages, recognition that his rights were violated and an injunction against future actions by the school system prohibiting it from interfering with the free exercise by Luke of his constitutional rights.


Defendants denied wrongdoing.

Outcome: Defendants' verdict on the issue of damages.

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Note: As a young person in a rural Missouri community, I was constantly deluged with Protestant religious messages delivered to me by the administrators of the only public school in the community that I attended. I tolerated the abuse of my rights in silence but wish that there had been some civil libertarian there to protect me from the abuse of my rights. As an attorney, I have not objection with the young Mr. Whitson reading his Bible and discussing his beliefs with fellow students. At the same time, the unbridled exercise of his rights could and possibly did infringe upon the rights of the students to whom he was trying to preach the gospel. As a child, I did not have the power to refuse to attend the school sponsored assemblies conducted by Protestant ministers. As an adult, I do not pray when asked to do so at public/private assemblies but do not object when I and other attendees are asked to pray for this, that or the other blessing of God. I view the insensitivity of who ever it is that suggested that "we pray" but simply consider it a waste of my time.