Legal Opinion · Dissent

Smith County School District v. Barnes

Court of Appeals of Mississippi

Decided September 20, 2011No. 2010-CA-00681-COAPublished

1DissentIshee, J.

¶ 15. I must respectfully dissent from the majority. Like the Smith County School Board in its original decision, the majority fails to consider the totality of the circumstances surrounding Laura Shon-telle Barnes’s alleged refusal to submit to a drug test. Barnes changed her mind about taking the drug test several times that day. However, she ultimately agreed to take the test, but the Taylorsville Elementary School Principal, Yvonne Dees, refused to allow her to take the drug test. By singling out Barnes and making the decision to terminate her based only on her initial refusal to take the…

2Cases cited3 opinions

  1. Mississippi Psc v. Merchants Truck LineMississippi Supreme Court · 1992
  2. Mississippi Dept. of Human Services v. McNeelMississippi Supreme Court · 2004
  3. Babcock & Wilcox Co. v. RobyMississippi Supreme Court · 1963

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