What to know about civil rights lawsuit over pledge protest at Cy-Fair ISD high school

By Ryan Korsgard - Reporter

HARRIS COUNTY, Texas - The attorney for a Cypress-Fairbanks ISD student who said she was expelled for not standing for the pledge of allegiance said Thursday her lawsuit will go to trial.

The attorney said the district and five of its employees violated her civil rights.

What happened in this case?

Windfern High School student India Landry said the principal suspended her after Landry did not stand during the pledge of allegiance last fall.

WATCH: Attorney speaks about Cy-Fair ISD lawsuit on pledge

Her attorney said she started her silent protest of the pledge six teachers and two school years ago. She said she sat silently more than 200 times. She said administrators took notice last year when she was in the principal’s office during the pledge and remained seated.

Would Landry do it again?

Landry said she would do it again. She said her example has given others the confidence to stand up for what they believe in.

"I felt the flag doesn't represent what it stands for. Liberty and justice for all. And I don't feel that's what's going on in the country today," Landry said.

What happens next with this case?

Landry’s attorney, Randall Kallinen, said the judge’s decision allowing the case to go forward is a victory for freedom of speech.

He said it will proceed as a racial discrimination case.

"The judge pointed out four instances in our complaint where the school district was concerned about or talking about African-Americans. They mentioned negatively people who kneeled. The NFL players who kneeled for the national anthem," Kallinen said.

Is Landry back in school?

Landry said she was expelled for four days until the school principal called and said Landry could return to school, but did not have to stand. Landry said she immediately returned to school but, later left.

She said she was given the option of going to what she described as a military school. But she said she would be required to sand for the pledge at that school as well.

She said she wants to graduate from high school.

"I support her 100 percent and I'm actually proud of her because a lot of people would not stand up for something like this," Landry’s mother, Kizzy Landry, said.

What does Cypress-Fairbanks ISD say about the lawsuit?

A district spokesperson told KPRC 2 that the district does not comment on lawsuits.

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