Case: Fuller v. Warren County Educational Service Center

1:21-cv-00451 | U.S. District Court for the Southern District of Ohio

Filed Date: July 2, 2021

Closed Date: March 29, 2023

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Case Summary

This case challenges an elementary school’s policy (the “challenged policy”) banning its paraprofessionals from wearing clothing or face masks on which social or political messages were printed. Those messages include “Black Lives Matter,” “I Can't Breathe,” “Unapologetically Black,” and “Down With Racism.” On July 2, 2021, three African-American paraprofessionals at the Laura Farrell Elementary School filed this lawsuit in the United States District Court Southern District of Ohio Western Div…

On July 2, 2021, three African-American paraprofessionals at the Laura Farrell Elementary School filed this lawsuit in the United States District Court Southern District of Ohio Western Division. The plaintiffs sued the Warren County Educational Service Center (“WE ESC”), as well as the Superintendent and Chief and Administrative Officer of WE ESC, the the Senior Executive Director of Human Resources and Business Operations of WC ESC, and the Program Supervisor of the elementary School. Plaintiffs alleged that the policy violated the Free Exercise Clause of the First Amendment and constituted racial discrimination in violation of the Equal Protection Clause of the Fourteenth Amendment. Represented by a private law firm, the plaintiffs sought 1) a declaration that the defendant’s actions violate the First Amendment, 2) injunctive relief enjoining the defendants from enforcing the challenged policy, 3) compensatory damages, 4) punitive damages, and 5) attorney fees.

On July 9, 2021, the plaintiffs filed a motion for preliminary injunction, which was granted on February 14, 2022. In this order, the court enjoined the enforcement of the policy banning employees from wearing any clothes or accessories with controversial social or political messages. The court reasoned that the plaintiff’s First Amendment claim would likely succeed on the merits, as the defendants did not demonstrate that the challenged policy is necessary to the efficient operation of the school to outweigh the plaintiffs' interests in commenting upon matters of public concern.

On March 11, 2022, the defendants appealed to the Sixth Circuit, and on March 16, they filed a motion to stay in the district court. Before the district court could rule on the motion to stay, the Sixth Circuit, on October 21, 2022, dismissed the appeal, noting that the parties had stipulated for the appeal to be dismissed.

On March 29, 2023, the case was terminated as the defendants filed a stipulation of dismissal with prejudice on the same day. The Clearinghouse does not have access to the terms of dismissal that the parties agreed upon.

The case is now closed.

Summary Authors

Haruno Fukatsu (3/26/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60035540/parties/fuller-v-warren-county-educational-service-center/

Judge(s)

Barrett, Michael Ryan (Ohio)

Attorney for Plaintiff

Butler, Brian Joseph (Ohio)

Mezibov, Marc D. (Ohio)

Treadaway, Daniel J. (Ohio)

Attorney for Defendant

Wharton, Bernard W (Ohio)

Judge(s)

Barrett, Michael Ryan (Ohio)

Attorney for Plaintiff

Butler, Brian Joseph (Ohio)

Mezibov, Marc D. (Ohio)

Treadaway, Daniel J. (Ohio)

Attorney for Defendant

Wharton, Bernard W (Ohio)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:21-cv-00451	Verified Complaint and Jury Demand	July 2, 2021	July 2, 2021 Complaint
33 1:21-cv-00451	Opinion and Order	Feb. 14, 2022	Feb. 14, 2022 Order/Opinion 2022 WL 445815

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/60035540/fuller-v-warren-county-educational-service-center/

Last updated March 15, 2026, 4:31 a.m.

ECF Number	Date	Description	Link
1	July 2, 2021	COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 402 paid - receipt number: AOHSDC-8388617), filed by Mark Linquist, Nick Evans, Akeem Fuller. (Attachments: # 1 Civil Cover Sheet) (Mezibov, Marc) (Entered: 07/02/2021)	Clearinghouse
	July 6, 2021	If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (bjc)
	July 6, 2021	Docket Annotation
2	July 9, 2021	MOTION for Preliminary Injunction by Plaintiffs Nick Evans, Akeem Fuller, Mark Linquist. (Mezibov, Marc) (Entered: 07/09/2021)	RECAP
3	July 14, 2021	NOTICE of Appearance by Bernard W Wharton for Defendants Wiley Collett, Alisha Dean, Tom Isaacs, Pat Pare, Warren County Educational Service Center (Wharton, Bernard) (Entered: 07/14/2021)	RECAP
	July 19, 2021	Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 7/19/2021; Marc Mezibov and Daniel Treadaway appeared for plaintiff; Bernard Wharton appeared for defendants; the parties shall confer regarding the pending 2 Motion for Preliminary Injunction and follow up for a Status Conference set for 7/21/2021 at 09:30 AM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 7/16/2021 for conferencing instructions. (ba)
	July 19, 2021	~Util - Set Hearings AND Status Conference
	July 21, 2021	Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 7/21/2021 re 2 MOTION for Preliminary Injunction filed by Nick Evans, Akeem Fuller, Mark Linquist; Marc Mezibov and Daniel Treadaway appeared for plaintiffs; Bernard Wharton appeared for defendants; Responses due by 8/6/2021; Replies due by 8/10/2021 and a Motion Hearing is set for 8/23/2021 at 01:00 PM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett re 2 MOTION for Preliminary Injunction; TRO ruling to follow. (ba) Modified on 7/21/2021 (ba) to edit text and regenerate a NEF.
	July 21, 2021	~Util - Set Motion and R&R Deadlines/Hearings AND Motion Hearing
4	July 27, 2021	WAIVER OF SERVICE Returned Executed. Waiver sent to Wiley Collett on 7/2/2021, answer due 8/31/2021; Alisha Dean on 7/2/2021, answer due 8/31/2021; Tom Isaacs on 7/2/2021, answer due 8/31/2021; Warren County Educational Service Center on 7/2/2021, answer due 8/31/2021. (Mezibov, Marc) (Entered: 07/27/2021)	RECAP
5	Aug. 6, 2021	RESPONSE in Opposition re 2 MOTION for Preliminary Injunction filed by Defendants Wiley Collett, Alisha Dean, Tom Isaacs, Pat Pare, Warren County Educational Service Center. (Attachments: # 1 Exhibit Memo Exhibit A, # 2 Exhibit Memo Exhibit B, # 3 Exhibit Memo Exhibit C, # 4 Affidavit Affidavit of Thomas Isaacs, # 5 Exhibit Affidavit Exhibit 1, # 6 Exhibit Affidavit Exhibit 2, # 7 Exhibit Affidavit Exhibit 3, # 8 Exhibit Affidavit Exhibit 4, # 9 Exhibit Affidavit Exhibit 5) (Wharton, Bernard) (Entered: 08/06/2021)	RECAP
6	Aug. 10, 2021	REPLY to Response to Motion re 2 MOTION for Preliminary Injunction filed by Plaintiffs Nick Evans, Akeem Fuller, Mark Linquist. (Mezibov, Marc) (Entered: 08/10/2021)	RECAP
7	Aug. 18, 2021	NOTICE OF FILING DEPOSITION of Nick Evans by Defendants Wiley Collett, Alisha Dean, Tom Isaacs, Pat Pare, Warren County Educational Service Center. (Attachments: # 1 Deposition Transcript of Nick Evans) (Wharton, Bernard) (Entered: 08/18/2021)	RECAP
8	Aug. 18, 2021	NOTICE OF FILING DEPOSITION of Akeem Fuller by Defendants Wiley Collett, Alisha Dean, Tom Isaacs, Pat Pare, Warren County Educational Service Center. (Attachments: # 1 Deposition Transcript of Akeem Fuller) (Wharton, Bernard) (Entered: 08/18/2021)	RECAP
9	Aug. 18, 2021	NOTICE OF FILING DEPOSITION of Mark Linquist by Defendants Wiley Collett, Alisha Dean, Tom Isaacs, Pat Pare, Warren County Educational Service Center. (Attachments: # 1 Deposition Transcript of Mark Linquist) (Wharton, Bernard) (Entered: 08/18/2021)	RECAP
10	Aug. 18, 2021	NOTICE OF FILING DEPOSITION of Tom Isaacs, Patrick Pare, Christina Even, Michael Bidwell, Wiley Collett, and Alisha Dean by Plaintiffs Nick Evans, Akeem Fuller, Mark Linquist. (Mezibov, Marc) (Entered: 08/18/2021)	RECAP
11	Aug. 18, 2021	DEPOSITION of Tom Isaacs taken on 08/06/2021 by Plaintiffs Nick Evans, Akeem Fuller, Mark Linquist. (Attachments: # 1 Exhibit 15) (Mezibov, Marc) (Entered: 08/18/2021)	RECAP
12	Aug. 18, 2021	DEPOSITION of Patrick Pare taken on 08/06/2021 by Plaintiffs Nick Evans, Akeem Fuller, Mark Linquist. (Mezibov, Marc) (Entered: 08/18/2021)	RECAP
13	Aug. 18, 2021	DEPOSITION of Christina Even taken on 08/11/2021 by Plaintiffs Nick Evans, Akeem Fuller, Mark Linquist. (Mezibov, Marc) (Entered: 08/18/2021)	RECAP
14	Aug. 18, 2021	DEPOSITION of Michael Bidwell taken on 08/11/2021 by Plaintiffs Nick Evans, Akeem Fuller, Mark Linquist. (Mezibov, Marc) (Entered: 08/18/2021)	RECAP
15	Aug. 18, 2021	DEPOSITION of Wiley Collett taken on 08/06/2021 by Plaintiffs Nick Evans, Akeem Fuller, Mark Linquist. (Mezibov, Marc) (Entered: 08/18/2021)	RECAP
16	Aug. 18, 2021	DEPOSITION of Alisha Dean taken on 08/06/2021 by Plaintiffs Nick Evans, Akeem Fuller, Mark Linquist. (Mezibov, Marc) (Entered: 08/18/2021)	RECAP
17	Aug. 20, 2021	Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 8/20/2021 re 2 MOTION for Preliminary Injunction filed by Nick Evans, Akeem Fuller, Mark Linquist; Marc Mezibov and Daniel Treadway appeared for plaintiff, Bernard Wharton appeared for defendant; logistics and format discussed for hearing set 8/23/21 at 1:00pm before the Honorable Michael R. Barrett, courtroom 109. (kkz) (Entered: 08/20/2021)	RECAP
	Aug. 20, 2021	Motion Hearing
18	Aug. 23, 2021	Minute Entryfor proceedings held before Judge Michael R. Barrett: Motion Hearing held on 8/23/2021 re 2 MOTION for Preliminary Injunction; counsel present; witness testimony with exhibits admitted; parties agree to post hearing briefs; Plaintiff's opening brief due 9/17/2021; Defendant's Response due by 10/1/2021, Plaintiff's Reply due by 10/8/2021; Order to follow. (Court Reporter: Maryann Maffia) (kkz) (Entered: 08/23/2021)	RECAP
19	Aug. 27, 2021	ANSWER to 1 Complaint filed by Wiley Collett, Alisha Dean, Tom Isaacs, Pat Pare. (Wharton, Bernard) (Entered: 08/27/2021)	RECAP
20	Aug. 27, 2021	ANSWER to 1 Complaint filed by Warren County Educational Service Center. (Wharton, Bernard) (Entered: 08/27/2021)	RECAP
	Aug. 30, 2021	NOTICE of Deadline: Rule 26 Meeting Report due by 9/20/2021. Please be aware that the Court has revised its Rule 26(f) report and joint final pretrial order forms as well as its trial procedures; visit www.ohsd.uscourts.gov/FPbarrett to obtain copies of those required forms; (kkz)
	Aug. 30, 2021	Notice of Deadline
21	Sept. 7, 2021	Transcript of Proceedings, hearing on Motion for Preliminary Injunction, held on August 23, 2021, before Judge Michael R. Barrett. Court Reporter/Transcriber Maryann T. Maffia, Telephone number 513-564-7677. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office.. Redaction Request due 9/28/2021. Redacted Transcript Deadline set for 10/8/2021. Release of Transcript Restriction set for 12/6/2021. (Maffia, Maryann) (Entered: 09/07/2021)	RECAP
23	Sept. 17, 2021	NOTICE by Plaintiffs Nick Evans, Akeem Fuller, Mark Linquist of Filing Deposition Exhibits (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13, # 14 Exhibit Exhibit 14) (Mezibov, Marc) (Entered: 09/17/2021)	RECAP
24	Sept. 17, 2021	BRIEF by Plaintiffs Nick Evans, Akeem Fuller, Mark Linquist. (Mezibov, Marc) (Entered: 09/17/2021)	RECAP
25	Sept. 20, 2021	RULE 26(f) REPORT JOINT DISCOVERY PLAN by Defendant Warren County Educational Service Center. (Wharton, Bernard) (Entered: 09/20/2021)	RECAP
26	Sept. 28, 2021	CALENDAR ORDER: Motions to Amend due by 10/1/2021. Motions directed to pleadings due by 11/12/2021. Status Conference set for 10/14/2021 at 01:00 PM by Teleconference before Judge Michael R. Barrett. Plaintiff Primary Expert due by 12/17/2021. Defendant Primary Expert due by 2/11/2022. Disclosure of Non-Expert (Fact) Witness due by 11/5/2021. Rebuttal Expert due by 3/11/2022. Discovery due by 3/4/2022. Dispositive motions due by 4/8/2022. Settlement Conference set for 5/24/2022 at 01:00 PM in Chambers before Judge Michael R. Barrett. Final Pretrial Conference set for 9/28/2022 at 02:00 PM in Chambers before Judge Michael R. Barrett. Jury Trial 04/2023. Signed by Judge Michael R. Barrett on 09/28/2021. (kkz) (Entered: 09/28/2021)	RECAP
27	Oct. 1, 2021	RESPONSE in Opposition re 2 MOTION for Preliminary Injunction Defendants' Posthearing Brief Opposing Plaintiffs' Motion for Preliminary Injunction filed by Defendants Wiley Collett, Alisha Dean, Tom Isaacs, Pat Pare, Warren County Educational Service Center. (Wharton, Bernard) (Entered: 10/01/2021)	RECAP
28	Oct. 8, 2021	MOTION for Extension of Time to File Response/Reply as to 27 Response in Opposition to Motion, New date requested 10/12/2021. by Plaintiffs Nick Evans, Akeem Fuller, Mark Linquist. (Mezibov, Marc) (Entered: 10/08/2021)	RECAP
29	Oct. 11, 2021	REPLY TO DEFENDANTS' POSTHEARING 27 BRIEF OPPOSING PLAINTIFFS' 2 MOTION FOR PRELIMINARY INJUNCTION by Plaintiffs Nick Evans, Akeem Fuller, Mark Linquist. (Mezibov, Marc) Modified docket text and created link to motion on 10/12/2021 (eh). (Entered: 10/11/2021)	RECAP
	Oct. 14, 2021	Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 10/14/2021; Marc Mezibov appeared for plaintiff; Bernard Wharton appeared for defendant; Court orally grants 28 Plaintiff's Motion for Extension of Time; case to proceed as discussed. (kkz) Modified for text on 10/14/2021 (kkz).
	Oct. 14, 2021	Status Conference
30	Oct. 21, 2021	NOTICE by Plaintiffs Nick Evans, Akeem Fuller, Mark Linquist of Withdrawal of Co-Counsel (Treadaway, Daniel) (Entered: 10/21/2021)	RECAP
31	Nov. 3, 2021	[FORMER DOC. 31 - PLEASE DISREGARD. FILED IN ERROR.] NOTICE by Defendants Wiley Collett, Alisha Dean, Tom Isaacs, Pat Pare, Warren County Educational Service Center Disclosure of Non-Expert (Fact) Witness (Wharton, Bernard) Modified docket text and document security on 11/4/2021 (eh). (Entered: 11/03/2021)	RECAP
32	Nov. 3, 2021	NOTICE by Defendants Wiley Collett, Alisha Dean, Tom Isaacs, Pat Pare, Warren County Educational Service Center Disclosure of Non-Expert (Fact) Witnesses (Wharton, Bernard) (Entered: 11/03/2021)	RECAP
	Nov. 4, 2021	Notice of Correction: Please disregard [FORMER DOC. 31] - wrong pdf attached. See doc. 32 for corrected filing. (eh)
	Nov. 4, 2021	Notice of Corrective Docket Entry
33	Feb. 14, 2022	ORDER granting 2 Motion for Preliminary Injunction; Defendants are hereby preliminarily enjoined from enforcing the policy banning employees from wearing any clothes or accessories with controversial social or political messages. (kkz) (Entered: 02/14/2022)	Clearinghouse
34	March 11, 2022	NOTICE OF APPEAL re 33 Order on Motion for Preliminary Injunction (Filing fee has been paid, receipt number AOHSDC-8766949) by Defendants Wiley Collett, Alisha Dean, Tom Isaacs, Pat Pare, Warren County Educational Service Center. Appeal Record due by 3/16/2022. (Wharton, Bernard) (Entered: 03/11/2022)	RECAP
35	March 16, 2022	MOTION to Stay re 33 Order on Motion for Preliminary Injunction by Defendants Wiley Collett, Alisha Dean, Tom Isaacs, Pat Pare, Warren County Educational Service Center. (Wharton, Bernard) (Entered: 03/16/2022)	RECAP
36	March 17, 2022	USCA Case Number 22-3228 for 34 Notice of Appeal, filed by Warren County Educational Service Center, Wiley Collett, Tom Isaacs, Alisha Dean, Pat Pare. (pb) (Entered: 03/17/2022)	RECAP
	March 24, 2022	NOTICE of Hearing: Please be aware that a Status Conference is set for 3/30/2022 at 11:30 AM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 9/28/2021 for conferencing instructions. (kkz)
	March 24, 2022	Notice of Hearing
37	March 29, 2022	RESPONSE in Opposition re 35 MOTION to Stay re 33 Order on Motion for Preliminary Injunction filed by Plaintiffs Nick Evans, Akeem Fuller, Mark Linquist. (Mezibov, Marc) (Entered: 03/29/2022)	RECAP
	March 30, 2022	Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 3/30/2022; Marc Mezibov appeared for plaintiffs; Bernard Wharton appeared for defendants; case matters discussed; counsel to confer with clients and follow up with law clerk if status conference is needed. (kkz)
	March 30, 2022	Status Conference
	May 19, 2022	NOTICE TERMINATING DEADLINES/HEARINGS - Settlement Conference set for 5/24/2022 is hereby terminated. (kkz)
	May 19, 2022	Notice Terminating Deadlines/Hearings
	Sept. 20, 2022	NOTICE TERMINATING DEADLINES/HEARINGS - Please be aware that the Final Pretrial Conference set for 9/28/22 is hereby terminated. (kkz)
	Sept. 20, 2022	Notice Terminating Deadlines/Hearings
38	Oct. 21, 2022	ORDER of USCA as to 34 Notice of Appeal filed by Warren County Educational Service Center, Wiley Collett, Tom Isaacs, Alisha Dean & Pat Pare: The parties have stipulated for the appeal to be dismissed. Note: No Mandate to issue. (er) (Entered: 10/23/2022)	RECAP
39	March 29, 2023	STIPULATION of Dismissal With Prejudice by Defendants Wiley Collett, Alisha Dean, Tom Isaacs, Pat Pare, Warren County Educational Service Center. (Wharton, Bernard) (Entered: 03/29/2023)	RECAP
	March 29, 2023	Terminate Civil Case
	March 29, 2023	***Civil Case Terminated per doc 39 . (kh)

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Case Details

State / Territory:

Ohio

Case Type(s):

Speech and Religious Freedom

Education

Key Dates

Filing Date: July 2, 2021

Closing Date: March 29, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Paraprofessionals at the elementary school wearing clothing or face masks on which social or political messages are printed

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Warren County Educational Service Center

Defendant Type(s):

Elementary/Secondary School

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Freedom of speech/association

Other Dockets:

Southern District of Ohio 1:21-cv-00451

U.S. Court of Appeals for the Sixth Circuit 22-03228

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Recommended Citation

Case Summary of Fuller v. Warren County Educational Service Center, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/45386/ (last updated 3/26/2025).