Cole v. Buchanan County School Board
District Court, W.D. Virginia
1Opinion of the Court
OPINION AND ORDER
JAMES P. JONES, Chief Judge.
In this case, a newspaper reporter seeks damages and declaratory and injunctive relief after a local school board barred him from entering school property because he wrote articles critical of the school administration. I find that the individual school board members are not entitled to legislative immunity from suit and that a sufficient First Amendment retaliation claim has been pleaded.
I
The defendants have moved to dismiss the Amended Complaint. For the purposes of considering the Motion to Dismiss, I must accept the following allegations made…
2Cases cited11 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Leatherman v. Tarrant County Narcotics Intelligence and Coordination UnitSupreme Court of the United States · 1993
- Constantine v. Rectors and Visitors of George Mason UniversityCourt of Appeals for the Fourth Circuit · 2005
- Bogan v. Scott-HarrisSupreme Court of the United States · 1998
- Don Blankenship v. Joe Manchin, Iii, in His Individual Capacity and in His Official Capacity as Governor of the State of West VirginiaCourt of Appeals for the Fourth Circuit · 2006
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3Cited by2 opinions
- Price v. District of ColumbiaDistrict Court, District of Columbia · 2008
- Cole v. BUCHANAN COUNTY SCHOOL BOARDDistrict Court, W.D. Virginia · 2009