Smith Ex Rel. Smith v. MOUNT PLEASANT PUBLIC SCHOOLS

OPINION AND ORDER DENYING PLAINTIFFS’ MOTION FOR RECONSIDERATION

LAWSON, District Judge.

The plaintiff, Alexander Smith, has filed a motion asking this Court to reconsider a portion of its September 30, 2003 opinion and order in which the Court held unconstitutional Michigan’s so-called verbal assault statute, Mich. Comp. Laws § 380.1311a(2), and the defendant’s policies and rules enacted pursuant thereto. Despite the statute’s unconstitutionality, however, the Court determined that the defendant did not violate the plaintiffs First Amendment rights when it suspended him for publicly insulting…