Legal Opinion

J.S. Ex Rel. Duck v. Isle of Wight County School Board

District Court, E.D. Virginia

Decided March 25, 2005No. 2:05 CV 76PublishedCited by 7 opinions

1Opinion of the Court

OPINION

REBECCA BEACH SMITH, District Judge.

This case is before the court on plaintiffs Motion for Issuance of a Preliminary Injunction. Because plaintiff has not made a strong showing of irreparable harm, nor demonstrated a likelihood of success on the merits, the motion is DENIED.

I. Factual and Procedural History

On February 7, 2005, plaintiff J.S., a minor, filed a complaint through his mother and next friend Sharon Duck (“Duck”), alleging under 42 U.S.C. § 1983 that defendants violated J.S.’s constitutional rights by suspending him and transferring him to an alternative high school without…

2Cases cited15 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Goss v. LopezSupreme Court of the United States · 1975
  3. Blackwelder Furniture Company of Statesville, Inc. v. Seilig Manufacturing Company, Inc.Court of Appeals for the Fourth Circuit · 1977
  4. St. John Dixon v. Alabama State Board of EducationCourt of Appeals for the Fifth Circuit · 1961
  5. Rum Creek Coal Sales, Inc. v. CapertonCourt of Appeals for the Fourth Circuit · 1991

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3Cited by7 opinions

  1. Patrick v. Success Acad. Charter Sch., Inc.District Court, E.D. New York · 2018
  2. Vann Ex Rel. Vann v. StewartDistrict Court, E.D. Tennessee · 2006
  3. R.M.B. v. Bedford County (Virginia) School BoardDistrict Court, W.D. Virginia · 2016
  4. J.S. ex rel. Duck v. Isle of Wight County School BoardDistrict Court, E.D. Virginia · 2005
  5. Fairfax Cnty. Sch. Bd. v. South CarolinaSupreme Court of Virginia · 2019

2 more not listed; retrieve them via the Exa API.

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