Federal Court Dismisses Religious Discrimination Suit With Prejudice

Chabad Chayil sued the School Board of Miami-Dade County, and the School Board’s Office of Inspector General after it was denied access to School Board facilities to operate its after school program. Chabad Chayil claimed that an investigation by the OIG and the School Board’s decision to deny it access, were motivated by religious animus. It sought damages and injunctive relief under 42 U.S.C. § 1983, claiming violations of its rights to free exercise of religion, free expression, equal protection and due process. The School Board moved to dismiss the claims with prejudice, arguing that Chabad Chayil could not show that its alleged constitutional injury was the result of any official custom, practice or policy of the School Board. It also argued that Chabad Chayil could not establish its equal protection nor due process claims and that it was not entitled to injunctive relief.

The Court agreed, and granted the motion. Specifically, the Court held that Chabad Chayil’s “broad allegations” of municipal liability were conclusory, contradictory and lacking in supporting facts. The Court also agreed that Chabad Chayil had not identified any similarly situated comparator for its equal protection claim. Finally, the Court held that Chabad Chayil did not have a liberty or property interest in accessing School Board facilities, and thus could not establish the deprivation of any fundamental right to support its claims. The Court dismissed all of the Federal Claims with prejudice, and denied the request for injunctive relief. The motion was written by HM&B partners Bradley Silverman and Schuyler Smith.