Sues for $2 Million, Gets $10 : Student Denied Attendance at Commencement Wins in Court

Jay Poffek considers himself a man of principle. So it came as little surprise to his friends when he cited his constitutional rights in refusing to sign a good-conduct contract to attend his graduation ceremony at his high school in San Bernardino in 1984.

“I don’t like to be tossed around like a puppet or a toy,” said the 19-year-old Poffek, who now attends San Bernardino Valley College.

Because of his refusal, Poffek was not allowed to attend his graduation ceremony, although he did receive his diploma at a later date.

Contract Requirements

The contract--which required a visual inspection of caps and gowns to detect the smuggling of firecrackers, Frisbees and other “contraband” into commencement exercises--so enraged Poffek and his parents last year that they filed a $2-million federal lawsuit against several instructors, administrators and board members of the San Bernardino City Unified School District, claiming a violation of his due-process rights.

And a federal jury in Los Angeles agreed Friday that Poffek had suffered damage and awarded him $10.

In rendering its verdict, the jury exonerated all of the district instructors and administrators who were involved in handling Poffek’s refusal to sign a contract in order to participate in the graduation ceremony at Cajon High School.

Damages Against Board

The panel awarded no actual or general damages, but it gave $10 in nominal damages against the seven members of the San Bernardino school board, who formulated the policy calling for the contract.

The jurors gave no reason why they selected $10 for the award.

Attorneys for the school district characterized Poffek’s refusal to sign as trivial and contended that the student was being misled by his father.

The plaintiff seemed unfazed by the jury’s verdict.

Said Poffek: “Ten dollars is better than nothing. It’ll never be spent. I’ll frame it.”