A panel of the N.C. Court of Appeals has ruled that a challenge to the Durham Public Schools’ gang policy can move forward.
A lower court had dismissed that challenge along with all other claims a group of nine students brought against the Durham schools. The appeals court upheld most of the trial court’s decision.
“On the other hand, with
respect to plaintiffs’ constitutional challenge to the Board’s
policy relating to gangs and gang-related activity, we hold, based
on the allegations in the complaint and the policy itself, that
plaintiffs have sufficiently stated a claim for relief and,
therefore, reverse the order below as to that claim. The arguments
asserted by the Board in support of the policy are more
appropriately considered at the summary judgment stage.”
The case will head back to trial court to resolve the gang policy issues.
