KSD settles civil suits

KELLOGG –– The Kellogg School District has reportedly settled two different civil lawsuits out of court.  

The lawsuits, filed by former Kellogg High School student Travis Lohr and former district employee Dakota Mailloux, stemmed from an incident in June 2023 where the district suspended Lohr after he made a controversial statement during a school assembly.  

Lohr’s statement that “Guys are guys and girls are girls. There is no in-between,” led to the district suspending him from school and barring him from the 2023 graduation commencement ceremony.  

In the immediate aftermath of the assembly, Lohr claimed that his statement was not reviewed by KHS staff before he spoke, however he later recanted that claim and admitted that his statement had been reviewed beforehand, and he had gone off script when it was his turn to speak.  

The following day, a protest was held by students and community members demanding that Lohr be allowed to walk in the ceremony, which Mailloux attended and resulted in his termination.  

Both Lohr and Mailloux filed their civil suits last summer, alleging that the school’s actions violated both Lohr and Mailloux’s constitutional rights to free speech.  

In the initial lawsuits, Lohr asked that the district admit that his First Amendment rights were violated, purge his student record of the violation, and pay him damages following a jury trial. Mailloux requested his position as a bus driver be reinstated, to recoup back pay and benefits, and recover additional damages. 

KSD utilizes the Idaho Counties Risk Management Program (ICRMP) for insurance that covers civil lawsuits and pays any indemnity settlements that arise from these civil matters. 

According to ICRMP, the indemnity amount paid in the Dakota Mailloux case was $88,000 to Katherine Hartley, Pacific Justice Institute on behalf of Mailloux in February, and $100,000 to Travis Lohr on May 21, 2024. 

Both settlements reportedly came with non-disclosure/non-disparage agreements, preventing Mailloux, Lohr, and the KSD from discussing the specifics. However, it has been reported by various online outlets that the district must also undergo First Amendment training as part of the settlement.  

The Kellogg School District declined to comment on the matter.  

Both Lohr and Mailloux were represented by attorney Katherine Hartley with the Pacific Justice Institute.