In a landmark win for parental rights and free speech, a federal jury found that officials in the Marlin Independent School District unlawfully retaliated against two families for publicly complaining about the district and awarded them $7.5 million in damages.
“Today these families got justice,” said Janelle Davis, lead attorney for Pacific Justice Institute, who represented the plaintiffs.
“The jury sent a very clear message: schools and school officials are not above the law, and school officials who abuse their power must be held accountable.”
Davis filed the civil rights lawsuit on behalf of Marlin ISD parents Monica Johnson and Brandolyn and Clifford Jones and their children in February 2024, after the law firm of State Sen. Royce West (D–Dallas) threatened to sue the two moms for defamation.
Defendants in the case were the chronically mismanaged Marlin ISD, now-former Superintendent Darryl Henson, and the district’s Chief of Police John Simmons.
The unanimous verdict followed a week-long trial in Waco that ended Tuesday evening.
The jury found in favor of the plaintiffs on all claims and awarded them a total of $7,546,465 in nominal and compensatory damages against Marlin ISD and the two administrators, including punitive damages of $3,753,437 against Henson and $254,762 against Simmons.
PJI called the verdict “a major victory for parental rights, student rights, and free speech in public schools.”
It’s vindication for the plaintiffs as well.
“We are extremely grateful for the jury verdict. Justice could not have been served without God, our attorney Janelle Davis, and Pacific Justice Institute standing up for our children and our parental rights,” stated the Jones family following the trial. “No parent or student in Texas should ever experience what we did. God loves justice and truth, and justice prevailed.”
“Retaliation for the exercise of constitutional and parental rights is against school policy, and anyone who violates it should be held accountable,” added Johnson.
The retaliation by Henson and Simmons began when the families publicly criticized Henson’s decision to cancel Marlin ISD’s 2023 graduation just three days before it was to take place, claiming only five seniors were eligible to graduate.
Henson made retroactive changes to the district’s grading policies that lowered the grades of students, including the Joneses’ and Johnsons’ children. When the moms filed a grievance, Henson handled the investigation and found he did nothing wrong.
After the parents spoke publicly about the issues, the superintendent and the school district police chief retaliated against them and their children.
Johnson was wrongfully issued a criminal trespass notice barring her from Marlin ISD property for one year. After Brandolyn Jones filed a complaint with the Texas Education Agency, her husband received a call from the former Marlin mayor saying Henson was going to sue.
In February 2024—10 days after Jones contacted members of the Senate Education Committee, including West, for help—Jones and Johnson received “cease and desist” letters from West’s law firm threatening a defamation lawsuit if the parents didn’t muzzle their complaints about Marlin ISD and Superintendent Henson.
At trial, jurors heard testimony confirming that nearly the entire senior class had been eligible to graduate on time, contradicting the superintendent’s assertions.
“This verdict sends a clear message that public officials cannot use their authority to silence parents or punish students for speaking out,” said Davis. “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.”
“This is a powerful victory for parents and students across America,” said PJI Founder and President Brad Dacus. “When school officials abuse their power to retaliate against families for speaking the truth, they undermine the very foundations of our democracy.”
”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.”
Marlin ISD released a statement indicating that the Board of Trustees “fully supports” Henson and the decisions he made, and that the district believes there are “strong legal grounds” to challenge the award based on qualified immunity.
The Texas Education Agency took over troubled Marlin ISD in 2017 following five consecutive years of failing grades and appointed a board of managers. Henson was hired in 2020. An improved accountability rating in 2022 put the district on track to end its state oversight at the end of this month.
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