Cell Phone Confiscated, Student Sues

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Student Sues

A student, who was expelled from school for refusing to surrender his cell phone, is now suing the school. Credit: Getty Images

"They can have my cell phone -- with saucy pictures of my ex-girlfriend -- when they pry it from my cold, dead hand!"

Welcome to the 21st century. Kids take their cell phones as seriously as an NRA member takes his trusty rifle.

A student in Queens, N.Y., who refused to surrender his cell phone to his school's vice principal was eventually expelled, but it turns out he had only just begun to fight. The Queens Gazette reports he is suing the private Catholic school to return to class and get his tuition money refunded.

According to the newspaper, Assistant Principal Carol Timpone of Christ the King Regional High School took student Joseph Farley out of chemistry class Feb. 4 and demanded he give her his cell phone (allegedly containing risque photos of his ex-girlfriend).

Farley refused. An initial suspension was followed by a hearing Feb. 9 when he was expelled.

The Gazette reports Brenda Farley, the boy's mother, claims school officials based the expulsion on his disrespect for Timpone, as well as his refusal to hand over the cell phone. But she doesn't buy it.

According to the newspaper, Brenda Farley argues the whole thing started when the mother of the boy's ex-girlfriend complained he was flashing lewd pictures of her around school.

"The unknown basis of the expulsion is most likely predicated in false comments made to the school by a lying daughter seeking to avoid her mother's wrath and the mother who takes her daughter's insubordination out on her daughter's boyfriend," Brenda Farley states in court papers quoted by the Gazette.

Brenda Farley doesn't deny the photos existed, the newspaper reports. She claims she first learned about them when the girl's mother showed up at the Farleys' home last November 2010, demanding the boy stop dating her daughter.

"Once I learned about the pictures, I made certain that my son deleted them from his phone," the Gazette reports Brenda Farley states in the lawsuit.

She claims her son never sent the photos to anyone else. Other than maybe violating the school dress code by having a pierced ear, her son has never been in trouble at school, she adds.

The Gazette reports the lawsuit does not address why Farley refused to turn over his cell phone to Timpone.

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AdviceMama Says:
Start by teaching him that it is safe to do so.