Sterling wins partial victory in lawsuit

Sterling High School has won a partial victory against a man who sued over what he claims was his son's alleged mistreatment on the track team.

A federal judge on Monday threw out four counts of a lawsuit filed by Ervin Mears Jr. of Lawnside, who alleged his son was bullied by Sterling's track coach and was improperly cut from the Silver Knights' team.

U.S. District Court Judge Noel Hillman said Mears — acting as his own attorney — could amend two other counts in an effort to continue the suit.

Hillman ruled those two counts, as initially presented, did not support claims that Sterling officials had infringed on the youth's First Amendment rights or had discriminated on the grounds of race, color or national origin.

Mears sued Sterling's school board and multiple employees in May 2013, shortly after the "termination" of his son, Mawusimensah, from the track team.

The suit claimed harassment of the boy began in March 2012, after Ervin Mears and track coach Keith Shepherd disagreed about the events Mears' son, then a sophomore, "had been training to run since fifth grade."

Mears asserted the bullying continued as he wrote letters and met with school officials to discuss the alleged misconduct. His suit seeks $40 million in damages, as well as varsity letters and championship jackets for the 2012 and 2013 track seasons.

Mears and Brett Gorman, a Mount Laurel attorney for Sterling, could not be reached Tuesday. Mears has 30 days to file an application to amend his suit, according to Hillman's ruling.

Among other rulings against Mears, Hillman said an athlete was not entitled to due process, or a formal hearing, to challenge his removal from the team. The judge also said participation in extracurricular activities is a privilege, rejecting Mears' view that it is a right.

The federal suit is one of two filed against Sterling on behalf of a student. A Sterling senior, identified only as a Laurel Springs girl with the initials H.W., sued last month for alleged violations of her freedom of speech.

The girl claims she was barred from attending her senior prom, senior trip and other extracurricular events after school officials learned she had described Principal Mark Napoleon with a string of vulgarities during an online chat at home.

Reach Jim Walsh at jwalsh@cpsj.com or (856) 486-2646.