Legal Opinion

Theodore Whitmore Stanley Kevin Barber, Minor, by His Father and Next Friend Jesse Barber Patrick Barber, Minor, by His Father and Next Friend Jesse Barber Bryan Barber, Minor, by His Father and Next Friend Jesse Barber Lurlean Bess MacK Minor, by J.W. MacK Her Grandfather and Next Friend Brian Franklin, Minor, by His Mother and Next Friend Joyce Franklin Jay Franklin, Minor, by His Mother and Next Friend Joyce Franklin United States of America v. Darlington County School District, a Public Body Corporate v. The State of South Carolina the Department of Education for the State of South Carolina the Board of Education for the State of South Carolina William P. Beckham, Iii, in Official Capacity as Member of the State Board of Education Samuel M. Greer, in Official Capacity as Member of the State Board of Education Joseph Peeler Stabler, Colonel, in Official Capacity as Member of the State Board of Education Cleveland Sellars, in Official Capacity as Member of the State Board of Education Austin Floyd, in Official Capacity as Member of the State Board of Education Julian B. Wright, in Official Capacity as Member of the State Board of Education Brenda K. Vernon, in Official Capacity as Member of the State Board of Education Earl Bostick, Sr., in Official Capacity as Member of the State Board of Education Maxie Duke, in Official Capacity as Member of the State Board of Education Laura M. Fleming, in Official Capacity as Member of the State Board of Education Frank M. Hart, in Official Capacity as Member of the State Board of Education Beth Pinson, in Official Capacity as Member of the State Board of Education W. Gregory Horton, in Official Capacity as Member of the State Board of Education Robert W. Owen, in Official Capacity as Member of the State Board of Education Ruby Matthews, in Official Capacity as Member of the State Board of Education Celia Gettys, in Official Capacity as Member of the State Board of Education Thomas E. McInville in Official Capacity as Member of the State Board of Education David M. Beasley, in His Official Capacity as Governor of the State of South Carolina Barbara S. Nielsen, in Her Official Capacity as State Superintendent of Education for the State of South Carolina, and David M. Beasley, in His Official Capacity as Chairman of the State Budget and Control Board South Carolina Budget and Control Board Grady L. Patterson, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina Earle E. Morris, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina James M. Waddell, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina William D. Boan, in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina, Theodore Whitmore Stanley Kevin Barber, Minor, by His Father and Next Friend Jesse Barber Patrick Barber, Minor, by His Father and Next Friend Jesse Barber Bryan Barber, Minor, by His Father and Next Friend Jesse Barber Lurlean Bess MacK Minor, by J.W. MacK Her Grandfather and Next Friend Brian Franklin, Minor, by His Mother and Next Friend Joyce Franklin Jay Franklin, Minor, by His Mother and Next Friend Joyce Franklin United States of America v. Darlington County School District, a Public Body Corporate v. The State of South Carolina the Department of Education for the State of South Carolina the Board of Education for the State of South Carolina William P. Beckham, Iii, in Official Capacity as Member of the State Board of Education Samuel M. Greer, in Official Capacity as Member of the State Board of Education Joseph Peeler Stabler, Colonel, in Official Capacity as Member of the State Board of Education Cleveland Sellars, in Official Capacity as Member of the State Board of Education Austin Floyd, in Official Capacity as Member of the State Board of Education Julian B. Wright, in Official Capacity as Member of the State Board of Education Brenda K. Vernon, in Official Capacity as Member of the State Board of Education Earl Bostick, Sr., in Official Capacity as Member of the State Board of Education Maxie Duke, in Official Capacity as Member of the State Board of Education Laura M. Fleming, in Official Capacity as Member of the State Board of Education Frank M. Hart, in Official Capacity as Member of the State Board of Education Beth Pinson, in Official Capacity as Member of the State Board of Education W. Gregory Horton, in Official Capacity as Member of the State Board of Education Robert W. Owen, in Official Capacity as Member of the State Board of Education Ruby Matthews, in Official Capacity as Member of the State Board of Education Celia Gettys, in Official Capacity as Member of the State Board of Education Thomas E. McInville in Official Capacity as Member of the State Board of Education David M. Beasley, in His Official Capacity as Governor of the State of South Carolina Barbara S. Nielsen, in Her Official Capacity as State Superintendent of Education for the State of South Carolina, and David M. Beasley, in His Official Capacity as Chairman of the State Budget and Control Board South Carolina Budget and Control Board Grady L. Patterson, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina Earle E. Morris, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina James M. Waddell, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina William D. Boan, in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina

Court of Appeals for the Fourth Circuit

Decided May 28, 1996No. 95-1827Published

1Opinion of the Court

84 F.3d 707

64 USLW 2776, 109 Ed. Law Rep. 1083

Theodore Whitmore STANLEY; Kevin Barber, minor, by his

father and next friend Jesse Barber; Patrick Barber, minor,

by his father and next friend Jesse Barber; Bryan Barber,

minor, by his father and next friend Jesse Barber; Lurlean

Bess Mack, minor, by J.W. Mack, her grandfather and next

friend; Brian Franklin, minor, by his mother and next

friend Joyce Franklin; Jay Franklin, minor, by his mother

and next friend Joyce Franklin; United States of America, Plaintiffs,

v.

DARLINGTON COUNTY SCHOOL DISTRICT, a public body corporate,

Defendant-Appellee,

v.

The…

2Cases cited14 opinions

  1. Brown v. Board of EducationSupreme Court of the United States · 1954
  2. Milliken v. BradleySupreme Court of the United States · 1977
  3. Hunter v. City of PittsburghSupreme Court of the United States · 1907
  4. City of Trenton v. New JerseySupreme Court of the United States · 1923
  5. Trustees of Dartmouth College v. WoodwardSupreme Court of the United States · 1819

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