OFUME V. DEVER-McCORMACK K-8 SCHOOL ET ALS

            

               COMMONWEALTH OF MASSACHUSETTS 

 Suffolk, ss. 
                              SUPERIOR COURT DEPARTMENT 
                                OF THE TRIAL COURT 

             SUPERIOR COURT CIVIL ACTION DOCKET NO. 

     
________________________________________________________________________  
 

Phillip Chukwuma Ofume & Associates (On behalf                                                                                 Dr. Phillip C. Ofume’s minor child in Grade 6)

                                Petitioners

  
                            v. 

Dever-McCormack K-8 School, Michael Sabin, Mrs. Conning,  Ms. Vegas,                                                Ms. Cook, Ms. Pradas, Ms. Cudmore and Boston Public Schools.
                              Respondents

_______________________________________________________________________________

VERIFIED  COMPLAINT AND REQUEST  FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION FOR PROTECTION FROM  FORCED DISENGAGEMENT FROM SCHOOL AND ORDER TO ISSE SAFETY TRANSFER BECAUSE OF EXTENSIVE THREAT ON CHILD’S LIFE AND OTHER  MISTREATMENT SUCH AS VIOLENT STABBING AND OTHER BODILY HARM, BULLYING, HARASSMENT,  OVER 70 PAGE S OF UNATTENDED SCHOOL ASSIGNMENT S, TESTS, EXAMS, BY THE TEACHERS, HELD HOSTAGE OR ABDUCTED IN THE CAFETERIA BY OTHER STUDENTS AND FORCED HIM TO CLEAN THE DIETS ON THE LAUNCH TABLE,  ETC PURSUANT TO  NO CHILD LEFT BEHIND ACT (2001),  First and Fourteenth Amendments to the U.S.Constitution and Bill of Rights; Title IV of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000c–2000c-9 (Title IV), and; Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681–1688 (Title IX); Equal Protection Clause,Title IV, Title IX, Title XLVIII K-20 EDUCATION CODE Chapter 1006 SUPPORT FOR LEARNING (View Entire) Chapter 1006.147,  s. 815.03 and  s. 784.048(1)(d, Boston Public Schools Code of Discipline, etc.

_______________________________________________________________________________________________

A.                                     INTRODUCTION 

1.    The plaintiff, Dr. Phillip C. Ofume , seeks a temporary restraining order enjoining the defendants, Dever-McCormack K-8 School, Michael Sabin, Mrs. Conning, Ms. Cook, Ms. Pradas, Ms. Cudmore and Boston Public Schools (collectively serving under auspice of the "Boston Public Schools and Dever-McCormack K-8 School ") (a) from forcing his minor child name protected under child civil rights and called BO to disengage from school by refusing to complete necessary process  to effect emergency safety transfer and/or, (b) delaying emergency procedure and process such as Safety Transfer paperwork to transfer BO to safe and better school, (c) ignoring expert or Physicians advise to remove BO to safe and better school because of eminent insecurity and life threatening harm at Dever-McCormack K-8 School, (d) delaying release of over four weeks school assignment, teaching curriculum, teaching method, etc to enable BPS  to teach BO pending safety transfer to better school, (e) failing to mark and  score over 70 pages of BO’s completed assignments, tests, and examinations to  normalize BO’s scores and grades which was deliberately designed by the defendants Michael Sabin, Mrs. Conning,  Ms. Vegas, Ms. Cook, Ms. Pradas, Ms. Cudmore  to move BO from smart/gifted/talented/A/ A+/B+/Honor Student to D or F students etc. Parents, Dr. & Mrs. Ofume have 7 children and academic records of all the 7 children of the Plaintiff  in Nigeria, Canada and United show that all these children are smart/gifted/ talented/A/ A+/B+/Honor students.

2.    Temporary Restraining Order should be granted because the action of the defendants is in severe acute breach of educational and fundamental rights legislation of the Commonwealth of Massachusetts and the United States of America such as NO CHILD LEFT BEHIND ACT (2001),  First and Fourteenth Amendments to the U.S. Constitution and Bill of Rights; Title IV of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000c–2000c-9 (Title IV), and; Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681–1688 (Title IX); Equal Protection Clause,Title IV, Title IX, Title XLVIII K-20 EDUCATION CODE Chapter 1006 SUPPORT FOR LEARNING (View Entire) Chapter 1006.147,  s. 815.03 and  s. 784.048(1)(d, etc.

B.                                         PARTIES

3.    Plaintiff,   Dr. Phillip C. Ofume and Associates are the after school tutor, father and guardians of BO and they built BO and several other kids across the world to be smart/gifted/ talented/A/ A+/B+/Honor students/learners but politically from place to place bad providers of educations and related services try to slow down these efforts.This  Action is brought to this Court on behalf BO   at Dever-McCormack K-8 School of Boston Public Schools - BO’s name is reserved and will be personally referred to as  Child BO in  this case and they are residents of Dorchester of Massachusetts within the jurisdiction of this Court.

4.    Defendant ,  Dever-McCormack K-8 School  in the city of Boston and district/county of Suffolk of Massachusetts  is an urban public school with the rank of middle school  and admits students from grade K through grade 8. 

5.  Mr. Michael Sabin is the Principal of Dever-McCormack K-8 School  

6.   Mrs. Conning is one of the teachers of child BO at Dever-McCormack K-8 School  

7. Ms Cook is one of the teachers of child BO at Dever-McCormack K-8 School  

8.  Ms. Pradas  is one of the teachers of child BO at Dever-McCormack K-8 School  

9.  Ms. Cudmore is one of the teachers of child BO at Dever-McCormack K-8 School  

10.   Boston Public Schools is the management school system in charge and the principal of Dever-McCormack K-8 School and other defendants in this case.

C.                         JURISDICTION 

11.     Appellant’s Complaint gave sufficient notice to wake up defendants to respond to the  administrative Complaint to complete necessary paperwork to remove child BO from danger at Dever-McCormack K-8 School which experts including Physicians reports (SHORTLISTED EXHIBITS A, B, & C) would be harmful to the life of student, victim BO. Same as other school the political opponents of the parents of child BO sponsor the school system, landlords and other service providers to use these distractions to disrupt parents’ presidential campaign for the Presidents of Nigeria and AAAA ( see http://limptinc.blogspot.com/2013/02/international-movement-for-new-federal.html  ; http://limptinc.blogspot.com/2012/11/phillip-c-ofume-v-aaaa-civil-docket-no_22.html ; http://www.blogger.com/profile/08744093752636542613;https://groups.google.com/forum/?fromgroups=#!topic/soc.org.nonprofit/z5q7G-Lt76c).

12.   In the matter, Phillip Ofume v. Plouffe Academy and 18 others CIVIL ACTION DOCKET  NO. SUCV 2012-02372 - B pending before the Massachusetts Court of Appeals, The Presiding Honourable Justice  misunderstood the legislative jurisdictional relationships between states of the United States  and  Federal Government of America on education laws afore referenced. Several attorneys/judges in the United States internally opposed the position of the Judge.

13.   Because The Presiding Honourable Justice is not familiar with “Massachusetts Court System”  and its interaction with “Federal Court and law Systems”  on education legislation, the dismissal below of this Judge was severally challenged by certain experienced Lawyers (  see http://www.lawye rviews.com/lawsite/courts.html) have put best lecture forum and they said, “The court system in the United States can be a confusing place. This confusion stems from the fact that there is no one judicial system, there are many. Each of the 50 states (and territories) operates as an independent, autonomous unit. Thus each state has different laws and differing court structures. Next to all of these operations sits the federal government, which also has its own laws and courts. To further complicate matters, these systems often overlap. Parties to a lawsuit often have a choice over whether to bring their case to state or federal court. State courts are often called upon to enforce federal law, and federal courts sometimes must apply state law. Yet despite this complexity all of these systems manage to interact and coexist with one another. What follows is an overview (with diagrams) of how the Massachusetts state courts are organized.”

14.   The defendant Mr. Michael Sabin recognized the errors or negligence of the teachers, students and administrators at Dever-McCormack K-8 School but received advice from some people with the Judge mentioned above and suddenly changed his written apologetic pleadings hereto incorporated and marked EXHIBIT D and opposed NO CHILD LEFT BEHIND ACT (2001),  First and Fourteenth Amendments to the U.S.Constitution and Bill of Rights; Title IV of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000c–2000c-9 (Title IV), and; Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681–1688 (Title IX); Equal Protection Clause, Title IV, Title IX, Boston Public Schools Code of Discipline,  etc and Mr. Sabin refused to send Child B longstanding school work mentioned above and also refused to complete all necessary paperwork to facilitate BO’s Safety Transfer process to safe and better school.

  

15.     The conducts of the defendants including stay of intervention on the assault and battery and related violent conduct of the students against the student BO and these conducts are barred under  Title XLVIII K-20 EDUCATION CODE Chapter 1006 SUPPORT FOR LEARNING (View Entire) Chapter 1006.147,  s. 815.03 and  s. 784.048(1)(d).   Bullying and harassment are prohibited (cited as the “Jeffrey Johnston Stand Up for All Students Act.”  Bullying or harassment of any student of a public K-12 educational institution is prohibited during  any education program or activity conducted by a public  school K-12 educational institution. The defendants  tied themselves with the prefix of pretences  and without iota of doubts,  they are  aware of their own action and the action of the staffs under their organizational structure but if they are lay, Plaintiffs may clarify their action purposes of this lawsuit thus that, “bullying means systematically and chronically inflicting physical hurt or psychological distress on one or more

 students and may incorporate infraction listed above."

D.            STATEMENT OF  ARGUMENT

                                

                 Summary of Law and Argument

Parents, Dr. & Mrs. Ofume are playing their role as responsible parents by requesting for safety transfer and excluding their child from school and the irresponsibility of the BPS and Dever-McCormack K-8 School.

This action is COMPLAINT AND REQUEST  FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION FOR PROTECTION FROM  FORCED DISENGAGEMENT FROM SCHOOL AND ORDER TO ISSE SAFETY TRANSFER BECAUSE OF EXTENSIVE THREAT ON CHILD’S LIFE AND OTHER  MISTREATMENT SUCH AS VIOLENT STABBING AND OTHER BODILY HARM, BULLYING, HARASSMENT,  OVER 70 PAGE S OF UNATTENDED SCHOOL ASSIGNMENT S, TESTS, EXAMS, BY THE TEACHERS, HELD HOSTAGE OR ABDUCTED IN THE CAFETERIA BY OTHER STUDENTS AND FORCED HIM TO CLEAN THE DIETS ON THE LAUNCH TABLE,  ETC PURSUANT TO  NO CHILD LEFT BEHIND ACT (2001) student BO forced  drop out from school against the construction and mandate of this Act (2001),  First and Fourteenth Amendments to the U.S. Constitution and Bill of Rights when the Principal apologized for the misconduct of the school and latter time for no just reason resisted to prepare and sign the paperwork to effect the Safety Transfer of student BO in breach of the due process rights of the parents and student BO and freedom in the school and other freedom to life and association; Title IV of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000c–2000c-9 (Title IV), and; Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681–1688 (Title IX) all of which bars right to earn education for better future of the student BO; Equal Protection Clause, Title IV, Title IX, Title XLVIII K-20 EDUCATION CODE Chapter 1006 SUPPORT FOR LEARNING (View Entire) Chapter 1006.147,  s. 815.03 and  s. 784.048(1)(d); Boston Public Schools Code of Discipline in jeopardy when the principal refused to resolve the life threatening harm which student BO faced from September 2012 through time parents excluded him from this danger and also the principal refused to prepare the paperwork to facilitate safety transfer of the student BO and further refused to facilitate delivery of over three weeks missed school works to student BO pending determination of the process for safety transfer and made student BO to miss over 3 weeks school; work ;  etc.

                          Background of Argument

16.   In accordance with the Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681–1688 (Title IX); Equal Protection Clause, Title IV, Title IX, Boston Public Schools Code of Discipline, Defendants, Michael Sabin, Mrs. Conning, Ms. Cook, Ms. Pradas, Ms. Cudmore and Boston Public Schools erred when they received series of complaints (EXHIBIT D) for several months and watch and enjoy the activities that under classroom close door extreme majority of the teachers and administrators such as Mrs. Conning, Ms. Cook, Ms. Pradas, Ms. Cudmore and Boston Public Schools (excluding  Specialty Teacher) daily, have joined their students which they use as errand runners to mistreat student BO to make him remain unhappy through out  the learning and other activities. The political opponents of Dr. Phillip C. Ofume who is a presidential candidate for the President of Nigeria 2015 pay money to teachers, school administrators, landlords, department of housing and transitional assistance, U.S. Immigration Services, police, court, etc to persecute Dr. Ofume and his family, also see Ofume v. Brockton Public Schools et als  - Mass Court of Appeals - http://universal-fashion-art-music.blogspot.com/2012/03/plouffe-academy-brockton-ma-urban.html; https://www.google.com/#hl=en&sugexp=les%3B&gs _rn=6&gs_ri=psyab&gs_mss=ofume%20&  =30&gs_id=1c6&xhr=t&q=ofume+v.+plouffe+academy+et+al&es_nrs=true&pf=p&sclient=psy-ab&oq=ofume+v.+plouffe+academy+et+al&gs _l=&pbx=1&bav= on.2,or.r_qf.&bvm=bv.43828540,d.dmg&fp=aaeba9b7 f058e829&biw= 1366&bih=640; https://groups.google.com/forum/#!msg/soc.org.nonprofit/8XaRak-FC1U/OhX7rM7V7y0J

17.   In breach of No Child Left Behind Act (2001), the persecution team mentioned above are duplicated in Boston Public Schools to continue the persecution and to force student BO and others to drop out of school. Within Boston Public Schools almost same persecution is going on with the exception of the CharleTown High School but they boasted that they will soon infiltrate this school. The guidance counselor (name held by the principal),  Mrs. Conning, Ms. Cook, Ms. Pradas, Ms. Cudmore Mrs. Conning, Ms. Cook, Ms. Pradas, Ms. Cudmore and about 10 students  are involved in harming student BO  by forming bad team around him and they do something bad and  accuse him and make him the victim of other students action and at last they make him look stupid before the class and if the incident occurred outside the classroom they make him look stupid before  other students and his classmates and make live isolated life in the school and come back home crying and unable to speak out because he later confessed that the guidance and counselor counseled him for long time that the more he speaks out and report to teachers,  dean, principal and parents the more he will be in danger inside the school and in street and warned him that these students are tough.

18.   Some teachers, Mrs. Conning,  Ms. Vegas, Ms. Cook, Ms. Pradas, and Ms. Cudmore deliberately  under-mark/score student BO and disclose the scores before the students and under high stress input, these students will make extensive mockery of him and open the same mockery the next day during class activities by re-echoing the previous day act of stereotype and intimidation purposed “to make me have bad day.”

19.   Re-emphasizing, each school days/weeks,  the teachers and students referred in para 18  above collaborate to do bad things and accuse student BO to enable them call the counselor to remove him during  on-going classroom teaching and other work and the counselor wastes time and before student BO could come back to the classroom, the teaching and other work have been completed and he will be tested/examined on the lecture he did not attend and he is able to do his assignment, test and examination because of after school program of LIMPT, INC (EDUCATION & WORKFORCE PROJECT) and would earn A or B+ if marked and scored. After doing his work including assignment,  test and examination, the teachers mentioned above will not mark and score them and Petitioner have collated over 70 pages of unmarked and unscored assignments, test and examinations(EXHIBIT E.1 to over 70 ). Because of these absent works he was issued poor grade EXHIBITS M & N.     Small time he has to do his work in the school, the students will come on him with extensive distraction and teachers see them and does nothing to stop them. He complained and gets retaliation for complaining.

20.   Attention of the teachers and other help sources is less than 15% and from time to time student BO requests tutor called "city year" to help him but she told him "  I don't know how to do this work" and this a company which the state or government of America waste heavy public fund to retain to help students in this school. Additionally, as stated in para 19 above, during the meeting between Plaintiffs/Petitioners and Dever-McCormack K-8 School the principal Mr. Michael Sabin was shocked when Dr. Ofume presented EXHIBIT E.1 to over 70 which is over 70 pages of unmarked  and unscored assignments, tests and examinations of the student BO and Mr. Sabin apologized and wrote:

“On Sun, Mar 3, 2013 at 10:18 PM, Sabin, Michael A <msabin@boston.k12.ma.us> wrote:

Dear Dr. Mfume,

I appreciated our meeting on Thursday, though I was disappointed that Barnett did not get the chance to actually describe to me the specific events that had been taking place. I anticipated that Barnett would be back in school tomorrow, and I promised you that I would pay particularly close attention to this case.

I have also assigned Mr. Croston to make this case a priority, and he is already working with the teachers preparing for Barnett's return.

I wish that you would give us the chance to make things work for Barnett, and encourage you to give our school a chance. Some of our discussion had to do with the experience you have had in other schools in Massachusetts and elsewhere, and we at the Dever-McCormack School would like to be given a chance to work together with you.

I look forward to hearing back from you soon, and for now remain optimistic that Barnett will return to school.

Mr. Sabin”

20.  Majority of the counseling and teaching are destructive. We brought over 70 pages of work done without teachers' presence such as marking and scoring them as path to issue end of semester failing and demoralizing scores on student BO’s  work. See last semester and other results. As condition to resolve this matter administrative, Petitioners requested that all these scores be amended by marking and scoring these. Barnett has been a smart/talented/gifted/A/A+/B+/Honor student.

On Wed, Mar 6, 2013 at 7:43 AM, Sabin, Michael A <msabin@boston.k12.ma.us> wrote:

Dear Dr. Ofume,

I am sympathetic to your concerns about Barnett at school, but I am not yet ready to sign a safety transfer or to send work home for him. I wish and hope that you would give me an opportunity to solve this problem. In our meeting, I made clear that there were many things that we could try that would improve this situation, and that I am confident that things can and will improve. I am ready to make this case a personal priority.

This requires two important things on your part:

1.       Allow Barnett to talk to me directly and explain the details of what has been happening. In our meeting last Thursday, we spoke in depth and I listened carefully to you, but unfortunately Barnett was not given the opportunity to speak.

2.       Send Barnett to school so that we can make the needed adjustments and ensure his safety and learning.

If you are unwilling to send Barnett to school, I hope that we are able to find someone in the school system who could counsel you about the options available to you. As principal of the Dever-McCormack School, I am responsible for Barnett’s safety and learning here at school. I am very confident that we can work together to meet these needs here in the school.

Thank you.

Mike Sabin

E.          MAJOR FACT SAFETY TRANFER AND OTHER RELIEF MUST BE GRANTED

                                          COUNT # 1

Student BO Fears insecurity in the classroom, school premises and on school bus

21.  Some of the students are armed and on the bus one of the kids sitting side by side with Barnett and he pulled out a shinning knife, weapon and when he stood up to leave the sitting spot, other kids dragged him to sit down on the same spot he was sitting and that he was traumatized and scared to die. Complaint was made to

                                     COUNT #2

     Unattended Assault and Battery and forced student BO into endless fear to go school and board school bus.

22.   On February 5, 2013 one female student stabbed student BO and inflicted injury on him and he was taken to the hospital where he was treated. The female student who stabbed him and left him with bloody  injuries was not questioned and reprimanded and she enjoyed the amnesty to re-vent same harm on student BO and  other students. See medical report. Several teachers promised student BO that they will accompany him into the bus to identify the female student that stabbed him but they did not take any action and this inaction made him fear and scared to return this school and after meetings with the Dean (Mahoney) and  the principal student BO became more and more scared because the kids that were armed warned him never to disclose what he saw and that they will kill him. See medical report. SHORTLISTED EXHIBITS A, B, & C

                                                COUNT #3

     Unattended Assault and Battery and forced student BO into endless fear to go school

23.  February 5, 2013 one male student slammed metal door against his hand and fractured his finger and the injury has not healed and his finger is still soared. The male student who slammed metal door against his hand and fractured his finger, was not questioned and reprimanded.  See medical report. SHORTLISTED EXHIBITS A, B, & C

                                    COUNT  #4

24.   On February 6, 2013 during the treatments of the stab and door slam wounds.  Physician report advised that Barnett should be removed from this school. SHORTLISTED EXHIBITS A, B, & C.

25.    Teachers and students made child BO angry by using curse languages including violent curse language. In addition to the nightmare of random use of indecent  languages which are torturous to the kids and adults of The Church of Jesus Christ of Latter-day Saints, to  destroy Barnett's present and future educational career and life, some teachers secretly built his mind and conviction to live life void of incident disclosure and compel him to read dangerous books and go far and far to give those books to Barnett and Plaintiffs  have impounded several of these dangerous books and hereto incorporated as evidence and marked

EXHIBITS:  F.   Begging for Change  by Sharon G. Flake

                     
                      G.  Search for Safety by John Langan

                      H.  The Gun by Paul Langan

                       I.     Money Hungry by Sharon G. Flake

                 J.    Heads or Tails by Jack Gantos

                 K.    The Wide Window by Lemony Snicket

                                             COUNT # 5

                Granting Bad Student Amnesty and Adopt them as Pets -   Human Rights  NGOs wrote:

26.  “When the teachers and administrators of Dever-McCormack School, Principal and others  granted amnesty to the students who stabbed BO with sharp pencil and another student crushed BO's finger on Feb. 5, 2013 same and new recruits unleashed another bullying and captured BO and intimidated him, forced him to do certain labor which the launch people should do, removed his back-pat and teachers and administrators watched these anarchy unfold and also warned BOnot to come back to the school. Physicians were granted consent to examine BO on February 6, 2013 and their report show that BO is bullied and should be removed from this school. On Feb. 13, 2013 after the ban of BO by fellow students, we decided to advice exclusion of  BO from school because of his safety. We request the school and Boston Public Schools to send all his daily work home pending relocation to another school. Previously we had put advance notice to the president of America and vice-president of America and the congress of US that the major causes of violence in school and consequences long after incident in school are teachers and administrators. In this school teachers and administrators, Mr. Michael Sabin and others watched the overruling conduct of these irate students and did NOTHING.”Consultation with the parents of the Subject Child, parents,  we restate that the Boston Public School should Transfer BO to better school where use of indecent language, aggressive kids, and related intolerance are outlawed and adequately addressed. In this school BO is tormented by general use of curse language and less cultured kids. We briefed the Dean, Academics soon as Barnett was admitted at McCormack School about usual emergence of the agents of parents' political opponent. Parents bid for the President of Nigeria past and 2015. The insurgency of school teachers and administrators led to the Court cases against Holyoke High School, Lynn Classical High Sch.. Lynn Breed Middle School, Brockton High School, etc. State of Virginia refused to accommodate these political insurgents and the school activities in Virginia was in major part peaceful and void of brawl. At McCormack School inside and outside the classroom several students have been created around BO and to distract, pester, bully and fight him and teachers' and adm's. intervention is low and supportive of the violent students.”

‘On January 18, 2013 another student came in front of BO with bullying conduct on the stairs as they were going down and he continuously said, "you want to fight,  you want to fight, and aggressively he pushed and punched BO. There was no intervention. Shocking to                    us and BO's parents, this school issued letter of suspension on Barnett instead of the aggressors.  This conduct shows that BO is not safe in this school. Same conduct is being discussed at Grew Elementary. “                                                                                                              

“Uncontrolled use of indecent or curse languages has been the worst nightmare for BO from the standing of BO's, siblings' and parents' Church (Church of Jesus Christ of Latter-day Saints). In the bus the situation is worst to the extent that several intolerable conducts are noted so far on the bus. Principals and other school administrators should address issue of conduct on the bus at least three times a week. There is a disgusting conduct on the bus on Jan 18, 2013 which can not be discussed in this public info. Urgent intervention is requested in this matter.”

                                               COUNT # 6

           Administrator/Director of the Boston Public Schools (BPS) wrote:

“I am sorry to learn if these allegations. Unfortunately I cannot meet today and will be out of state next week. That said, it appears that you are requesting a Safety Transfer, which is a different process and requires initiation through the school principal, who would then engage an Operations Leader in the discussion and process. I would encourage you to set up a meeting with the principal to document the issues and discuss next steps. 

Thank you, 

Denise”

                                            COUNT #7

The principal thinks that incident of safety transfer would mischaracterize his position as the principal and swiftly he resisted to heed the advise of the BPS, he the Principal Mr. Michael Sabin Wrote in opposition to the rights of the child BO and parents:

“Dear Dr. Ofume,

I am sympathetic to your concerns about Barnett at school, but I am not yet ready to sign a safety transfer or to send work home for him. I wish and hope that you would give me an opportunity to solve this problem. In our meeting, I made clear that there were many things that we could try that would improve this situation, and that I am confident that things can and will improve. I am ready to make this case a personal priority.

This requires two important things on your part:

1.       Allow Barnett to talk to me directly and explain the details of what has been happening. In our meeting last Thursday, we spoke in depth and I listened carefully to you, but unfortunately Barnett was not given the opportunity to speak.

2.       Send Barnett to school so that we can make the needed adjustments and ensure his safety and learning.

 If you are unwilling to send Barnett to school, I hope that we are able to find someone in the school system who could counsel you about the options available to you. As principal of the Dever-McCormack School, I am responsible for Barnett’s safety and learning here at school. I am very confident that we can work together to meet these needs here in the school.

 Thank you.

 Mike Sabin”

E.                                                   RELIEF

                WHEREFORE, Applicants/Plaintiffs , Dr. Phillip Chukwuma Ofume & Associates  respectfully request that the Court:

a.            Approve, in accordance with the Court’s general equity power and Mass. R. Civ. P. 65, a temporary restraining order  requesting for swift temporary emergency Order restraining the Respondent/Defendant s and their  teachers, officers, agents, servants, privies, assigns and attorneys pending reviews/appeals from  staying sending all overdue assignments, tests and examination and mark and remark and score and re-score all the over 70 pages of the unmarked and unscored assignments, tests and examinations which were negligently ignored by the teachers mentioned above.

b.            If necessary issue an order of notice scheduling a hearing within ten days, in accordance with prayer C of this Complaint.

c.             Approve, in accordance with the Court’s general equity power and Mass. R. Civ. P. 65, and because this application is conditioned by NO CHILD LEFT BEHIND ACT (2001) this Rule states and the complaint is time sensitive and shows “ immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or his attorney can be heard in opposition,”  therefore applicants

request Order of this Court to request defendants to prepare and sign all paperwork to facilitate the safety transfer application and send all assignments, tests, and examinations to BO

d.          Order Boston Public Schools to transfer BO to the schools which parents have submitted to BPS and appoint home teacher to teach student BO pending completion of safety transfer.

e.            Approve, in accordance with the Court’s general equity power and Mass. R. Civ. P. 65, and after a notice and a hearing, a permanent injunction, to request defendants to appoint home tutor to enable BO complete all the overdue assignments, tests and examination because without this remediation program BO will not transit to new school and conveniently follow the class work  at the new school because the defendants have delayed BO’s safety transfer process and return home all the overdue assignments, tests and examination.

f.    THEREFORE,   Applicant further ask the Court to: Issue a Temporary Restraining Order, Preliminary Injunction, and Permanent Injunction restraining and enjoining the Defendants from, denying  BO’s safety transfer process and returning  home all the overdue assignments, tests and examination because action of the defendants is  interfering with  BO’s rights to education and his right to quiet enjoyment of future better life which can not be possible without education .

g.    Applicant has been granted indigency relief and in the light of this status, Court to waive the requirement of Rule 65(c) of the Massachusetts Rules of Civil Procedure that  provide security for the issuance of the above Order(s) because applicant cannot afford to provide such security.

h.            Grant the Applicant, BO and applicants any other further relief that the Court deems just and appropriate.

F.                        VERIFICATION OF PETITION

I,  Dr. Phillip C. Ofume  hereby respectfully verify and submit the above-mentioned documents and that they are correct to the best of my knowledge and signed and authorize submission under the pains and penalties of perjury this 6th day of March 15, 2013.

Respectfully submitted,

__________________

Dr. Phillip C. Ofume & Associates 

Appellants/Defendants

P. O. Box 2416

Lynn, MA 01903

Tel. 781-479-9027

limptintinc@gmail.com

                              CERTIFICATE OF SERVICE

I,  Dr. Phillip Ofume certify that a true copy of the foregoing DOCUMENTS  was served up on all parties by  electronic mail and  Hand Delivery on March 15, 2013 at:  

Dever-McCormack K-8 School, Michael Sabin, Mrs. Conning,  Ms. Vegas,                                                                                                                                                    Ms. Cook, Ms. Pradas, Ms. Cudmore and Boston Public Schools.                                                                                                                                                                315 Mt. Vernon Street                                                                                                                                                                                                                             Dorchester, MA 02125

United States

                                                                               

 Chief Counsel,

Boston Public Schools   

26 Court St  Boston, MA 02108
(617) 635-9000  

                                                .

Clerk, Civil Action

Suffolk County Superior Court Department

Suffolk County Courthouse , 12th Floor

Three Pemberton Square

Boston, MA 02108

 _______________

 Dr. Phillip Ofume          

                              

cc.    President Barack Obama, Vice-President Joseph Biden, H.E. United Nations High Commissioner for Human Rights, Counsels for DCF, Child and Foster Parents, The Hon. Secretary and Attorney-General of the United States, Eric H. Holder, Jr., Hon. Secretary of State, Senator Hilary Clinton, H.E. Secretary General of the United Nations, Bakim Moon, Executive Director, UNICEF, Chair, Amnesty International (Intl. Secretariat, London, UK), Executive Director, Human Rights Watch (USA), President, AAAA (Washington, DC, USA), LIMPT, INC. (EDUCATION & WORKFORCE PROJECT,  c/o Dr. Phillip Chukwuma Ofume – National Coordinator), Senator Elizabeth Warren, etc.