Dist. Ct. did not err in granting defendants-school officials’ motion for summary judgment in section 1983 action alleging that defendants denied plaintiff-student his due process rights when defendants suspended plaintiff from school for 10-day period after concluding that plaintiff had possessed drugs at school. Record showed that after another student told principal that he had sold/given plaintiff and others Lorazepam at school, principal confronted plaintiff with accusation of drug activity and told him that he had choice between 10-day suspension for admitting to taking drugs or expulsion if he denied it, and then suspended plaintiff for 10 days after bringing up issue during meeting with plaintiff and his parents. Suspensions of 10 days or less only require that student be given oral or written notice of charge and opportunity to give his side of story, and instant record established that these minimal due process requirements were met. Fact that plaintiff tested negative for drugs on day of incident, that defendants changed date of incident during subsequent hearing before school board in which plaintiff was represented by counsel, that defendant threatened plaintiff with expulsion if he did not admit to use/possession of drugs, or that school board did not believe plaintiff’s story did not require different result.
Federal 7th Circuit Court
Civil Court
Due Process