JUDGE DISMISSES SCHOOL-BIAS SUIT.

Byline: Karen Maeshiro Staff Writer

LANCASTER - A civil rights lawsuit filed by a former Palmdale high school student who claimed a teacher called him a ``stupid Mexican'' has been dismissed.

A motion by the Antelope Valley Union High School District to throw out the case was granted last month by a Los Angeles Superior Court judge after Richard Guillen's attorney did not appear in court to oppose the request.

``We argued a motion for summary judgment. No one showed up to oppose,'' said Richard Oppenheim, attorney for the high school district.

Guillen, who is now 19, claimed in his lawsuit that he was banished by teacher Shawna Simmons to an empty classroom, which he was forced to share with the teacher's pet chicken and its droppings.

The lawsuit, filed in June 2000, sought unspecified damages for violation of civil rights, intentional and negligent infliction of emotional distress, and negligence.

Guillen's attorney, Michael Rivera, could not be reached Tuesday for comment.

Oppenheim said there was no merit to the case.

``The person he ascribed fault to was Shawna Simmons, who taught this child in two separate classes in one year and gave him three A's and a B. She gave him an award for being an outstanding scholar,'' Oppenheim said. ``Everything she did was contrary to this claim that she was treating him unfairly.''

Judge Soussan Brugera granted the defense motion for summary judgment after a hearing Oct. 11.

A summary judgment motion is made when it is contended that the action has no merit or defense and no issues deserving of a trial.

``Summary judgment means that the court found as a matter of law that the plaintiff could not recover, that there were no issues of fact that needed to be determined by a jury in order for the court to arrive at its decision,'' Oppenheim said.