Judge Moon has ruled on two cases in the past month involving
constitutional civil rights issues and public schools.
In L.E.A. v. Bedford County School Board,
Judge Moon denied a preliminary injunction prohibiting the School
Board from closing Body Camp Elementary School pursuant to its
redistricting plan. Plaintiffs argued that the decision to
close Body Camp -- which has a higher percentage of African
American students than other elementary schools that were not
closed -- violated the Equal Protection Clause of the 14th
Amendment and Civil Rights Act of 1964.
Judge Moon, however, denied the requested preliminary injunction
after determining that plaintiffs failed to establish a likelihood
of success on the merits. The Court pointed to evidence
In R.M.B. v. Bedford County School
Board, Judge Moon considered another civil rights action
brought by a student claiming that his 364-day suspension from
Bedford Middle School violated the Due Process Clause of the 14th
Amendment.
The student was suspended for possession of marijuana after the
assistant principal found "crumpled leaves" and a lighter
in his backpack after hearing rumors that the student was bragging
about possessing marijuana. A sheriff's deputy and school
resource officer field tested the leaves twice and the results were
negative for marijuana. Plaintiff claims that he and his
parents were not told about the negative test results at the
suspension hearing, and only learned about them when the criminal
charges were dismissed. Judge Moon denied the School
Board's motion to dismiss the student's civil rights case
and is allowing the case to proceed to discovery.
I should disclose that my father is a member of the Bedford County
School Board and that, many years ago prior to law school, I was a
teacher at Bedford Middle School.
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