A few weeks after a parent filed a federal lawsuit against the Waukesha School District over the district’s COVID-19 protocols, the district has filed a motion to dismiss the case.
The district’s attorneys, Joel Aziere and Jennifer Williams, filed the motion Oct. 29 in the U.S. Eastern District of Wisconsin. They argued that the suit does not belong in federal court and that “federal court has no jurisdiction over the pleaded state tort claims.”
“The court should not allow itself to be used for political and publicity purposes. As such, the motion to dismiss should be granted in its entirety,” Aziere and Williams said.
The lawsuit was filed Oct. 5 by attorney Frederick Melms on behalf of parent Shannon Jensen and other parents and K-12 Waukesha School District students. It argues for class-action status and seeks a court order requiring the district to comply with Centers for Disease Control and Prevention COVID-19 guidelines. Kirk Bangstad’s Minocqua Brewing Company Super PAC is helping to fund the lawsuit.