I wonder if the school has immunity nder their state laws ?
Gary Tudesco - Teen-age Duck Hunter
Presume most will recall the over-reaching high school out in PRK that expelled a student for having an unloaded shotgun in his truck - OFF CAMPUS. RIFLEMAN came yesterday and on page 74 of the April 2010 edition, in the ILA Jounal, there is a piece on the incident.
Seems the Glenn County, CA Board of Education, at least when prodded by competent counsel, can see reason. Expulsion overturned on January 22. Finding included that the school acted in excess of its authority as the truck wasn't on school grounds or at a school activity (well, yeah, I think that occurred to a number of people) . Also that the boy had been denied a fair hearing and the school committed prejudicisal abuse of discretion by expelling him without evidence he would pose a threat to fellow students (not exactly unobvious to anybody but a first class idiot and hoplophobe).
More information at the website maintained by the attorney who represented Tudesco - Chuck Michel - at www.calgunlaws.com.
Next, i hope, comes the tort claim against the school, where the findings of fact and conclusions of law from the county Board of Education may well bite the school in tender places.
Seems the Glenn County, CA Board of Education, at least when prodded by competent counsel, can see reason. Expulsion overturned on January 22. Finding included that the school acted in excess of its authority as the truck wasn't on school grounds or at a school activity (well, yeah, I think that occurred to a number of people) . Also that the boy had been denied a fair hearing and the school committed prejudicisal abuse of discretion by expelling him without evidence he would pose a threat to fellow students (not exactly unobvious to anybody but a first class idiot and hoplophobe).
More information at the website maintained by the attorney who represented Tudesco - Chuck Michel - at www.calgunlaws.com.
Next, i hope, comes the tort claim against the school, where the findings of fact and conclusions of law from the county Board of Education may well bite the school in tender places.
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I wonder if the school has immunity nder their state laws ?
Not familiar enough with PRK law to comment meaningfully, but as a general proposition the immunities for schools and school officials are usually qualified rather than absolute, and if so, you can lose it if you over-reach. Which is where some of the Board of Education findings can bite - they found the school went what is called ultra vires and when you do that, a lot of your immunities disappear. And (this very much depends on local law) the school may be estopped from pleading they didn't exceed their authority because of the administrative findings that they did just that....
It can get complicated, and I'm happy that people can't come to me and say "Explain this to me" for pay (of course there is the problem of getting your invoice paid, especially if the answer wasn't what the client wanted to hear). Now - i just observe and comment as an educated layman, not being a lawyer any more (Free at last! Free at last. Thank God, free at last!).
I'm not a lawyer anymore, either. Just a plain old United States Army Combat Engineer, on his way to Afghanistan in a few more months. And may I tell you, it's liberating.
I have in occasion thought "What if i could have reverted to being an Ordnance Officer again", and concluded might have enjoyed it - except for what the Army of the late 1970s was loke. Probably better i just got out, as i did.I'm not a lawyer anymore, either. Just a plain old United States Army Combat Engineer, on his way to Afghanistan in a few more months. And may I tell you, it's liberating.
The military's morale got a big boost with the election of President Reagan, and things rapidly recovered from the post-Viet Nam funk. I enlisted in the AF the week he took office and stayed in 24+ years, probably some of the best years ever to be in the US military.I have in occasion thought "What if i could have reverted to being an Ordnance Officer again", and concluded might have enjoyed it - except for what the Army of the late 1970s was loke. Probably better i just got out, as i did.
As to the specific outcome of young Mr Tudesco's case, one thing is certain...it had a well deserved chilling effect on school boards' increasingly overreaching claims of in loco parentis.
I think less a "post-Vietnam" funk (though some of that) than a reaction to Richard Nixon's troubles come his second term, Gerald Ford's lack of charisma and then - Jimmy Cahtuh. My problem is - I don't think I could have survived (mentally, not physically) Carter's term. The wait for Reagan, which you couldn't have predicted in 1977 (when i got out), just would have been more than i was up for, I think.The military's morale got a big boost with the election of President Reagan, and things rapidly recovered from the post-Viet Nam funk. I enlisted in the AF the week he took office and stayed in 24+ years, probably some of the best years ever to be in the US military.
As to the specific outcome of young Mr Tudesco's case, one thing is certain...it had a well deserved chilling effect on school boards' increasingly overreaching claims of in loco parentis.
1 - 7 of 7 Posts
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