Nina Mandell, New York Daily News, December 23, 2010
A former high school cheerleader who claims she was kicked off the team when she refused to chant the name of her alleged rapist is taking her case to the Supreme Court.
The cheerleader is asking for the country’s highest court to reverse an appeals court ruling dismissing the suit and ordering her (and her parents) to reimburse tens of thousands of dollars in legal costs, the San Francisco Chronicle reported.
Her lawyers argued that no terms in the cheer squad contract required her to cheer each time the squad began a chant and doing so violated her first amendment rights.
“She cheered the entire game except for a two brief times when the accused rapist went to the free-throw line,” her lawyers said in a court briefing.
Lawyers for the school district deny any wrongdoing and said that Bolton had not been charged at the time–and had in fact been cleared by two grand juries. When he was finally indicted by a third one, he was expelled, according to ABC.
He eventually was indicted on felony sexual assault of a minor and pleaded guilty to misdemeanor assault, receiving a one-year suspended sentence, two years probation, community service and a $2500 fine, KDHM reported in September.
“I feel relieved,” he told the news station after the ruling. “I’m glad we came to an agreement and I’m just ready to move on with my life.”