COPPER EX REL. COPPER v. DENLINGER

No. 526A08.

688 S.E.2d 426 (2010)

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 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 Durham County Sheriff, as agents of the Superintendent of Durham Public Schools, and as agents of the Durham Public School Board of Education.

Supreme Court of North Carolina.

January 29, 2010.


Attorney(s) appearing for the Case

Frances P. Solari, Durham, for plaintiff-appellees.

Tharrington Smith, LLP, by Ann L. Majestic and Christine Scheef, for Durham Public Schools Board of Education; and Cranfill, Sumner & Hartzog, L.L.P., Raleigh, for Ann T. Denlinger, defendant-appellants.

Allison B. Schafer, General Counsel, for North Carolina School Boards Association, amicus curiae.

North Carolina Justice Center, by Jack Holtzman, Raleigh, for North Carolina Justice Center, ACLU of North Carolina Legal Foundation, Advocates For Children's Services Of Legal Aid Of North Carolina, North Carolina State Conference of NAACP Branches, Triangle Lost Generation Task Force, and North Carolina Black Leadership Caucus, amici curiae.


HUDSON, Justice.

On 24 March 2006, plaintiffs, Durham public high school students or their parents,1 filed a purported class action complaint2 in Superior Court, Durham County, seeking compensatory and punitive damages, a declaratory judgment, and injunctive relief against the Durham Public Schools Board of Education (the "Board"), Board secretary and Durham Public Schools Superintendent Ann Denlinger in her...

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