Legal Opinion

Cole v. Buchanan County School Board

District Court, W.D. Virginia

Decided August 21, 2007No. 1:07CV00001PublishedCited by 2 opinions

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

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Leatherman v. Tarrant County Narcotics Intelligence and Coordination UnitSupreme Court of the United States · 1993
  3. Constantine v. Rectors and Visitors of George Mason UniversityCourt of Appeals for the Fourth Circuit · 2005
  4. Bogan v. Scott-HarrisSupreme Court of the United States · 1998
  5. 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

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

3Cited by2 opinions

  1. Price v. District of ColumbiaDistrict Court, District of Columbia · 2008
  2. Cole v. BUCHANAN COUNTY SCHOOL BOARDDistrict Court, W.D. Virginia · 2009

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