Bedford Middle School Bedford VA

The case is part of a federal lawsuit

BedfordCounty-EducationThe 11-year-old boy at the center of a federal lawsuit that made national headlines is back in a public school in Bedford County. As a result, the Bedford County School Board and Bedford County Public Schools have been removed from the lawsuit, but three faculty members are still defendants.

The lawsuit centers on the year-long suspension of a student at Bedford Middle School after a school resource officer found a purported marijuana leaf in his backpack. Even though it field-tested negative, the student was charged with possession of the drug. That charge was eventually dismissed. The student and his family say he wasn't given due process before the suspension early in the school year and home schooling the child has been expensive. The parents and the student sued the school system and three faculty members for the cost of counseling and homeschooling for the child.

After a motions hearing this week in Lynchburg federal court, U.S. District Judge Norman Moon denied the family’s motion for preliminary injunctive relief seeking to have the boy placed back at the school, because the placement back into a public middle school already happened in the past month. The board and division were included in the lawsuit in an attempt to get the boy back into school.

Mediation last week was not successful, according to the family’s attorney Mel Williams. He added that the discovery phase is still in its early stages and he would like to get a sample of the leaf independently tested.


Interesting facts:

An Adversary proceeding in bankruptcy, is a lawsuit in the American legal system filed by a party called a "plaintiff" against a party called a "defendant".
Adversary proceedings are governed by certain court rules found in Part VII of the Federal Rules of...

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