‘Dumb N—rs’: Black California Student and His Mother Were Called Racial Slurs By Classmates, and School Employees Found It Amusing, Lawsuit Says

A federal lawsuit filed by a recent high school graduate in Northern California claims that a revolting culture of racism was allowed and encouraged by teachers and administrators who remain employed at Pierce High School in Arbuckle.

Jaylen Escobosa, an 18-year-old Black Hispanic man who wrapped up his studies at the school earlier this year, alleges that during his time as a student, he and other children of color were subjected to numerous incidents of racist behavior, including an alleged assault by a teacher on Escobosa.

The lawsuit, filed in the U.S. District Court of Eastern California on Aug. 9, claims that faculty and coaches at the school regularly made racist jokes and used slurs when referring to people of color.

The lawsuit claims Pierce High School violated Title IV of the Civil Rights Act by maintaining a racially hostile educational environment and by intentional discrimination by denying the benefits of a public education.

The 30-page legal action, obtained by Atlanta Black Star , further claims First Amendment retaliation, violation of the equal protection clause of the 14th Amendment, and negligent supervision, training, hiring and retention.

Escobosa seeks civil penalties, punitive damages, and coverage for attorney and litigation costs while asking for a trial by jury. Although no specific amount has been specified, attorney Brad Gage said he believes Escobosa could be awarded several million dollars.

“Lawsuits generally just say ‘according to proof,’ but obviously when you have a situation of a youngster, and now young man, who has been subjected to physical assault from a teacher and all kinds of terrible statements from teachers because of his race, that’s going to have an impact on him for the rest of his life,” Gage said.

“That’s the kind of stigma and trauma that he might not be able to (overcome). I think it’s the kind of case that is worth millions, and millions, and millions of dollars.”

The school district is located in Arbuckle, a one-stoplight town about 50 miles northwest of Sacramento. Founded in the late 1800s, life in Arbuckle has traditionally been centered around agriculture, with farming remaining its primary industry.

With a population of only a few thousand people, the town retains a close-knit, rural character, reflecting its long history as a hub for agriculture and community-focused living.

It’s the kind of place where old-fashioned attitudes about race might easily clash with the evolving values of a more progressive America.

In the suit, Escobosa alleges that during his four years at Pierce High School, there were only three Black students, while the majority of the student body and staff were white or Latino.

School staff allegedly allowed similar appalling behavior among white students, with some reportedly using the slur “n—er berries” to refer to watermelons, the lawsuit claims. White students also allegedly called Hispanic students who ate the school lunch “broken ass beans.”

Pierce Joint Unified School District Superintendent Carol Geyer and Pierce High School Principal Don Friel have not commented on the matter.

The legal action also states that on one occasion, a group of students called Escobosa and his mother “dumb n—rs” and that school officials heard it but took no action in response.

“This hate speech was brought to the attention of the school. The school’s response was that they would have a talk with the students, but the issues continued,” the lawsuit states. “The school employees that actually heard the language thought it was just funny and said that Jaylen should just ‘calm down.’”

Jaylen and his father claim they reported several instances of discriminatory behavior to Pierce officials, including the superintendent and principal, but that the school didn’t fully investigate and failed to take any meaningful action despite confirming many of the allegations.

No students were punished or disciplined for “a racially hostile environment,” the lawsuit states.

The action also claims that during the 2021-22 school year, Scott Burnum, a social science teacher at Pierce, assaulted then-16-year-old Escobosa by slamming his head into a desk, leaving him bloodied.

Following the incident, Burnum allegedly approached Escobosa in the hallway and offered compensation for his injuries in an apparent attempt to silence him.

The lawsuit alleges that Burnum called Escobosa’s father and admitted “things got out of control.” Escobosa’s father then called the principal about the incident, but no action was ever taken, according to the lawsuit.

Meanwhile, Burnum “begged and pleaded” with the family not to report the alleged assault to the police, according to Escobosa’s attorney, Brad Gage.

“It’s a small town. I think, initially, one was not made,” Gage said, according to the Appeal Democrat, the local newspaper in Colusa County.

A year ago, in August 2023, Burnum reportedly used a racial slur in class, targeting another Black student. Despite both incidents, Burnum continues to teach at Pierce High School without facing any disciplinary actions, the lawsuit states.

In a separate incident, John Allen, a math and science teacher, allegedly racially profiled and harassed Escobosa by repeatedly calling him “hoodlum” for wearing a hoodie.

The lawsuit claims that after initially instructing Escobosa to “take off your hoodie, hoodlum,” Allen continued to use the term three more times despite Escobosa’s repeated requests to be addressed by his name.

Other teachers and administrators at Pierce High School were also involved in discriminating against Escobosa and other people of color, the lawsuit claims. Despite the allegations, all the faculty members mentioned in the lawsuit are still employed with the Pierce Joint Unified School District.

The lawsuit alleges that Pierce High School and the Pierce Joint Unified School District were receiving federal funding throughout the time periods mentioned in the case.

Title VI states, “No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”

The lawsuit argues that hate speech and racist behavior are not protected by the First Amendment. The amendment safeguards speech only if it is not “vulgar, lewd, obscene, or plainly offensive.”

The lawsuit claims that Pierce Joint Unified neglected its duty of care toward Escobosa by failing to discipline students and faculty for their racist remarks.

Gage praised Escobosa for his courage in speaking out against the alleged misconduct at Pierce High School, emphasizing that ignoring racist behavior only perpetuates further harm.

“It’s hard for someone young to be able to stand up for themselves and their rights and to make a difference and a change. It’s important for everyone to stand up and not stay silent,” Gage said. “We as human beings have to stand up and expose any kind of hatred, whether it’s racial, religious, sexual orientation, and put a stop to it. If we don’t and let it continue, there will be more and more victims.”

‘Dumb N—rs’: Black California Student and His Mother Were Called Racial Slurs By Classmates, and School Employees Found It Amusing, Lawsuit Says