Chester Smalkowski was acquitted unanimously.
The federal suit, filed Friday in US District Court for the Western District of Oklahoma names a battery of defendants including school officials, the Texas County Sheriff's Department, County officers and the Town of Hardesty, Oklahoma. It charges that the family's constitutional rights were violated under, but not limited to, the First, Fourth, Fifth, Sixth, Eighth, Ninth and Fourteenth Amendments. It also charges that school officials "unlawfully and unconstitutionally met in conspiracy to violate (the) Plaintiff's constitutional rights."
In addition, it is charged that members of the District Attorney's staff "conspired ... to punish Plaintiff Chester Smalkowski for his religious views by prosecuting a criminal case against him" that they knew "to be grounded on false statements and perjury."
The suit notes that a year after the first incident involving Ms. Smalkowski, she once again tried to participate in the girl's basketball team. Again, Coach Ernest Cook "attempted to force Plaintiff N.S. to recite the "Lord's Prayer." Ms Smalkowski instead "chose to recite the Pledge of Allegiance." This time, the suit charges, Nicole Smalkowski was punished by school officials who falsely accused her of "threatening another student." She was suspended "without a Due Process hearing or notice, as is required by Oklahoma Statutes." Eventually, she was suspended and denied her statutory right to a hearing.
A school board member and her husband, a Texas County Deputy Sheriff are identified and charged in the lawsuit as conspirators who "attempted to hire, coerce, or otherwise convince, for payment of money or other consideration on school property, one Jerry Kelly to inflict personal harm on Plaintiff Chester Smalkowski in retaliation for his religious opinions and in further retaliation for Plaintiff Chester Smalkowski's attempt to defend his daughter and family against the false and malicious allegations..."
Another charge focuses on a Deputy Sheriff who ostensibly ordered the submission of falsified policy reports and attempting under false pretext to have Mr. Smalkowski re-arrested. Other allegations listed include: