COPPER EX REL. COPPER v. DENLINGER

No. COA07-205.

667 S.E.2d 470 (2008)

Angell COPPER, by his mother and guardian ad litem, Sherry COPPER; Desmond Johnson, by his father and guardian ad litem, Wilmer Johnson; Eric Warren and Dion Warren, by their mother and guardian ad litem, Deann Warren; Joshua Thorpe, by his mother and guardian ad litem, Treco Thorpe; Todd Douglas, deceased, by his mother and administratrix of his estate, Sheryl Smith; Deantonio Rhodes, by his mother and guardian ad litem, Linda Rhodes; Jazmyn Jenkins; and Gina Solari; as individuals and as representatives of the class of similarly situated Durham Public School students, Plaintiffs, v. Ann T. DENLINGER, individually and as Superintendent of Durham Public Schools; The Durham Public School Board of Education; Gail Heath, individually and as Chair of the Durham Public School Board of Education; Heidi Carter, Steve Martin and Steve Schewel, individually and as members of the Durham Public School Board of Education; Larry McDonald, individually and as former Principal of Southern High School; Richard Webber, individually and as Principal of C.E. Jordan High School; Rodriquez Teal, individually and as Principal of Southern High School; Worth Hill, Durham County Sheriff; and R.A. Sipple and Joseph Costa, individually, as agents and employees of the Sheriff, as agents of the Superintendent of Durham Public Schools, and as agents of the Durham Public School Board of Education, Defendants.

Court of Appeals of North Carolina.

October 21, 2008.


Attorney(s) appearing for the Case

Frances P. Solari, Durham, for plaintiffs-appellants.

Cranfill Sumner & Hartzog, L.L.P., by Ann S. Estridge, Alycia S. Levy, and Dan M. Hartzog, Jr., Raleigh, for defendant-appellee Ann T. Denlinger.

Tharrington Smith, L.L.P., by Ann L. Majestic and Christine T. Scheef, Raleigh, for defendants-appellees The Durham Public School Board of Education, Gail Heath, Heidi Carter, Steve Martin, Steve Schewel, Larry McDonald, Richard Webber, and Rodriquez Teal.

Jack Holtzman, Raleigh, for amicus curiae North Carolina Justice Center.

Lynn Fontana, Durham, for amicus curiae ACLU of North Carolina Legal Foundation.

Lewis Pitts, Durham, for amicus curiae Advocates for Children's Services of Legal Aid of North Carolina.

Ashley Osment, for amici curiae North Carolina State Conference of NAACP Branches and the Triangle Lost Generation Task Force.

Sheria Reid, Raleigh, for amicus curiae The North Carolina Black Leadership Caucus.


GEER, Judge.

Plaintiffs—current or former students in the Durham Public School System ("DPS")— brought this action essentially as a wholesale challenge to the disciplinary process in the Durham Public Schools. The lawsuit was dismissed in its entirety under Rule 12(b)(6) of the North Carolina Rules of Civil Procedure for failure to state a claim for relief and under Rule 12(b)(1) for lack of subject matter jurisdiction.

We must conclude, as the...

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