PACKER v. BOARD OF EDUCATION

(SC 15862)

246 Conn. 89 (1998)

KYLE P. PACKER ET AL. v. BOARD OF EDUCATION OF THE TOWN OF THOMASTON

Supreme Court of Connecticut.

Officially released August 4, 1998.


Attorney(s) appearing for the Case

George J. Kelly, Jr., with whom was Dana Shaw MacKinnon, for the appellant (defendant).

William A. Conti, with whom was James A. Zeller and, on the brief, Steven H. Levy, for the appellees (plaintiffs).

Richard Blumenthal, attorney general, with whom were Seth R. Klein, assistant attorney general, and, on the brief, Bernard F. McGovern, Jr., assistant attorney general, for the attorney general as amicus curiae.

Ann M. Parrent and Katerina M. Rohner filed a brief for the Connecticut Civil Liberties Union Foundation as amicus curiae.

Patrice McCarthy and Joan Libby filed a brief for the Connecticut Association of Boards of Education as amicus curiae.

Callahan, C. J., and Berdon, Norcott, Katz, Palmer, McDonald and Peters, JS.


Opinion

CALLAHAN, C. J.

The dispositive issue in this interlocutory appeal is whether the defendant, the board of education of the town of Thomaston, acted lawfully when it expelled the named plaintiff, Kyle P. Packer,1 from Thomaston High School for possession of marijuana off the school grounds after school hours.

The following facts and procedural history are uncontroverted. The plaintiff is a senior at Thomaston...

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