Back in May we posted West Virginia Evolution Litigation. Kenneth Smith, representing himself, filed a suit in the U.S. District Court for the Northern District of West Virginia, alleging that teaching evolution, which he claims is a religion, violates his child’s Constitutional rights.
He named several defendants, including his county’s Board of Education, U.S. Secretary of Education Arne Duncan, and the U.S. Department of Education. Among his allegations, he claimed that there was no math to back up evolution, which proves that it’s a religion.
Our friends at the National Center for Science Education (NCSE) have been watching the case, and this just appeared at their website: Antievolution lawsuit dismissed in West Virginia. They say, with bold font added by us.
A federal lawsuit contending that teaching evolution in West Virginia’s public schools is unconstitutional is over. In the decision (PDF) in Smith v. Jefferson County School Board et al., issued by the United States District Court for the Northern District of West Virginia on August 25, 2015, the defendants’ motions to dismiss the case were granted. The complaint was dismissed with prejudice, so the plaintiff is not able to file the claim again.
The final order is 12 pages long. A few excerpts are amusing:
[T]he Plaintiff has filed a series of motions and other documents. On June 8, 2015, he filed a document titled “statement of the case,” together with sixty exhibits. Ten days later, he filed a motion for settlement and a motion to strike. On July 1, 2015, he filed a motion to address discovery. Since that time, he has continued to file repetitive motions and other documents. The Court has reviewed each of the Plaintiff’s filings and finds that all of his motions should be denied.
The order then mentions some of the plaintiff’s earlier litigation — all of which was dismissed — and says:
The instant case presents an amalgam of the defendants and claims involved in those earlier proceedings. Here, as in the 2007 litigation, the Plaintiff has named the [Board of Education] as a defendant, but he has also named multiple federal defendants that were sued in 2010 and 2011. Once more, he has asserted claims concerning public schools and their refusal to stop teaching evolution and to start teaching his “mathematical system of genetic variations” … .
This is from the final part of the order (bold font and capitalization in the original):
Accordingly, the Court ORDERS that the West Virginia Defendants’ Motion to Dismiss and the Federal Defendants’ Motion to Dismiss are hereby GRANTED. The Court ORDERS that the Plaintiff’s Complaint, be DISMISSED WITH PREJUDICE, and that this matter be stricken from this Court’s active docket.
Poor Kenneth Smith. The Darwinists are too strong. He can’t get any justice. But he can always appeal. That should be fun.
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