Significant Appellate Cases involving Campbell Shatley attorneys

SUPREME COURT

King v. Beaufort County Board of Education - School boards must consider alternative education for students subject to long-term suspension, however, the failure to provide alternative education in all cases does not violate North Carolina Constitution

Wake Cares v. Wake County Board of Education - The State Constituion and General Statues give school boards broad authority to act in furtherance of their expressed powers, including the assignment of students to year-round schools

COURT OF APPEALS

Farrell v. Transylvania County Board of Education - Teachers are entitled to assert qualified immunity as an affirmative defense ato federal claims brought pursuant to Section 1983

Hardy v. Beaufort County Board of Education - Student’s that admit guilt in a suspension appeal cannot demonstrate the prejudice necessary to assert violations of procedural due process

Hentz v. Asheville City Board of Education - Parents must exhaust their appeal rights to the Board of Education prior to the filing of any lawsuit as a matter of subject jurisdiction

Oakes v. Lincoln County Board of Elections - Unpublished opinion holding that district residency requirements applicable to school board elections do not violate the North Carolina Constitution

Smith v. Jackson County Board of Education - The Public Duty Doctrine does not shield a sheriff’s deputy acting as a school resource officer from cross-claims by the School Board alleging intentional wrongdoing and negligent acts harming students

Sonopress, Inc. v. Town of Weaverville - Town met all the statutory and procedural requirements to achieve annexation of adjoining mixed-use parcels including a major manufacturing facility

State v. Massey - Unpublished Court opinion holding that a defendant’s incarceration out-of-state and his surety’s efforts in notify the D.A. was not reason to set aside a bond forfeiture accruing to the county school fund

Stein v. Asheville City Board of Education - Superior Courts do not have concurrent jurisdiction with the Industrial Commission to hear cases involving negligent acts by bus drivers and bus monitors

  

 

 

Education and Government

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