Legal Opinion
Copper Ex Rel. Copper v. Denlinger
Court of Appeals of North Carolina
Decided October 21, 2008No. COA07-205PublishedCited by 4 opinions
1Opinion of the Court
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 trial court did, that many of plaintiffs’ claims must be dismissed for lack of sufficient allegations even though the complaint contains 575…
2Cases cited54 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Kentucky v. GrahamSupreme Court of the United States · 1985
- Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
- Pembaur v. City of CincinnatiSupreme Court of the United States · 1986
- Goss v. LopezSupreme Court of the United States · 1975
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3Cited by4 opinions
- Hardin v. KCS International, Inc.Court of Appeals of North Carolina · 2009
- Copper ex rel. Copper v. DenlingerSupreme Court of North Carolina · 2010
- Copper Ex Rel. Copper v. DenlingerCourt of Appeals of North Carolina · 2008
- Town of Leland, Nc v. Hww, LLCCourt of Appeals of North Carolina · 2009