Case Study Speeker V. South Bay County School District

TO: Attorney Cusker FROM: Latrice Morris DATE: November 1, 2014 RE: Speeker v. South Bay County School District Facts Oliver Wendell Holmes High School took part in a community wide health fair. The school set up a booth and asked their students to participate. The teachers gave extra credit to the students that attended the health fair, and the student would have to sign in at the schools booth to verify their attendance. Susie Speeker, a student at Oliver Wendell Holmes High School, attended the fair with her family. While at the community wide health fair, Susie held up a sign which stated marijuana should be legalized for compassionate use. A fellow student that attended the same school as Susie took a picture of her holding the sign and published it in the school newspaper. The principal of the school saw the photo and suspended Susie for violating the schools policy by promoting illegal drugs at a school function. Since Susie’s suspension, she claims that she has been harassed by other students and teachers at her school. Susie claims that her grades have dropped which could result in l imited college choices. As a result, Susie claims her civil rights under 42 U.S.C Â § 1983 were violated. Issues 1. Did the school district have the right to suspend Susie for her actions? 2. Assuming that the school district was not justified in its actions, does Susie have a claim under 42 U.S.C. Â § 1983? Brief Answer 1. No, the school did not have the right to suspend Susie because