Teacher sues Chaffey high school district over right to bring gun to campus

A erstwhile Rancho Cucamonga High School teacher who was arrested for carrying a loaded firearm into his classroom has sued, saying his law rights were violated and that helium was singled retired for his blimpish governmental beliefs.

On May 7, 2019, Joseph Nguyen was taken from his schoolroom by Principal Cary Willborn and San Bernardino County sheriff’s deputies Ana Mata and Kristin Garcia, aft authorities received a extremity astir a loaded weapon brought connected campus.

Nguyen confirmed helium did person a loaded weapon successful his backpack stored successful a locked cabinet. As a sworn reserve constabulary officer, however, helium claims tin transportation a firearm portion off-duty, according to a civilian suit filed April 24, 2020, successful U.S. District Court for the Central District successful Los Angeles.

The Chaffey Joint Union High School District, 1 of the defendants successful the suit, said successful a effect filed with the tribunal that nary 1 whitethorn transportation a loaded weapon onto schoolhouse premises, but for field information officers. Earlier, successful a prepared connection soon aft the incident, the territory said the “California Gun-Free School Zone Act makes it a transgression for a idiosyncratic to person a firearm connected oregon wrong 1,000 feet of a schoolhouse campus.”

Whether Nguyen was allowed to person the weapon connected field oregon violated authorities instrumentality astir apt volition beryllium brought retired successful a trial, scheduled to statesman Tuesday, Nov. 30, with Judge Stephen V. Wilson presiding.

Sample assemblage questions filed with the tribunal inquire whether schoolhouse unit and the sheriff’s deputies detained Nguyen due to the fact that of his governmental beliefs oregon acted decently successful accordance with schoolhouse territory policy.

“I filed the ailment due to the fact that I didn’t bash thing wrong,” Nguyen said successful an interrogation Monday, Nov. 22. “I was successful lawful possession of a firearm. As a Level I reserve serviceman with the metropolis of Irwindale, I americium allowed to transportation a concealed weapon.”

Level I reserve officers person afloat bid serviceman powers some connected and off-duty and are authorized to transportation an off-duty weapon, according to the Los Angeles County Sheriff’s Department manual connected argumentation and procedures.

In a tribunal papers filed by schoolhouse territory lawyer Daniel S. Modafferi, the territory rejects the assertion that arsenic a reserve officer, Nguyen could transportation a weapon into the classroom.

“The District denies that plaintiff carried a firearm onto field pursuant to his lawful authorization arsenic a sworn constabulary serviceman astatine immoderate applicable time. The District admits that it was a usurpation of District argumentation for plaintiff to person a firearm connected schoolhouse grounds,” tribunal records show.

Nguyen names the schoolhouse district, the region of San Bernardino, and assorted schoolhouse and territory unit successful his complaint. He claims he’s a unfortunate of mendacious arrest, unlawful hunt and seizure and different violations of his civilian rights and has suffered intelligence distress and nonaccomplishment of earnings.

His suit alleges the 2 deputies took his gun, badge, backpack and compartment telephone and interrogated him and was detained for much than two-and-a-half hours. When allowed to leave, his backpack and keys were returned. He was told by a sergeant astatine the Rancho Cucamonga sheriff’s presumption helium could not get his weapon backmost due to the fact that helium allegedly violated schoolhouse policy. Nguyen retrieved his weapon sometime successful June, the suit states.

Nguyen said connected May 16, 2019, schoolhouse territory superintendent Kern Oduro, besides named successful the complaint, asked him, “Why bash you person a Ronald Reagan licence plate. Obvious you are a rightwing conservative. Maybe that has thing to bash with wherefore you brought a weapon connected campus,” according to the lawsuit.

Nguyen said helium was “berated” for being a Republican and a Christian blimpish by territory personnel. He was placed connected administrative leave. Parents and residents supported the subject teacher successful a rally held connected May 10, 2019.

Modafferi defended the schoolhouse district’s actions and wrote successful a tribunal effect that governmental affiliations were not a factor.

“The District and its employees and agents exercised tenable diligence to discharge their duties, and each specified duties and obligations person been appropriately, completely, and afloat performed and discharged,” the territory said successful tribunal records.

“Any and each adverse employment actions,” the territory continued, “were taken for valid concern reasons, were not retaliatory, and were unrelated to immoderate discriminatory oregon retaliatory motive oregon animus.”

Shortly aft the incident, Nguyen transferred to Colony High School successful Ontario. He is presently connected sick leave, helium said.