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BOE members granted injunction from State Board hearing
[November 16, 2012]

BOE members granted injunction from State Board hearing


AMERICUS, Nov 16, 2012 (Americus Times-Recorder - McClatchy-Tribune Information Services via COMTEX) -- The Superior Court of Fulton County has sided with the six members of the Sumter County Board of Education who filed a lawsuit against the State Board of Education and Gov. Nathan Deal last week. Judge Bensonetta Tipton Lane granted an injunction Tuesday stopping the hearing planned for Wednesday from proceeding. The six Board members are Kelvin Pless, Edith Ann Green, Alice Green, Carolyn Whitehead, Michael Lewis and Willa Fitzpatrick. An Atlanta attorney, E. Brian Watkins filed the lawsuit on their behalf. The planned hearing was to consider the possible suspension of Sumter BOE members.



The order states that the court found "potential merit" in the plaintiff's argument that one or more Board members could be suspended "without finding of individual wrong doing." The order also said that suspended Board members would have no relief from the State Board's decision for 30 days after they were suspended with no review form court available.

The order goes on to say that a decision to suspend the Board members could have implications on the plaintiff's rights and the rights of the voters that elected them to office. The court ruling states that the hearing with the State Board shall not convene until assigned by the Judge.


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