EAST ST. LOUIS – Granite City Community School District #9 has removed a student's lawsuit to federal court, which claims the defendants' improperly expelled the student in violation of her Fourteenth Amendment rights.
The lawsuit was originally filed by Cassondra Matthews on behalf of her minor daughter D.M. in the Madison County Circuit Court against defendants Granite City Community School District #9 and Superintendent Stephanie Cann. The defendants have filed a notice of removal to the U.S. District Court for the Southern District of Illinois through their attorney Robert E. Swain of Kriha Boucek in Edwardsville.
The original lawsuit contains three counts against the defendants. Count I alleges the defendants violated the minor plaintiff's due process rights in violation of the Fourteenth Amendment of the U.S. Constitution. Count II alleges the defendants violated the minor plaintiff's substantive due process rights in violation of the Fourteenth Amendment of the U.S. Constitution. Count III asserts a claim for judicial review of the school disciplinary decision involving the minor plaintiff pursuant to the Illinois Administrative Review Law.
In the notice of removal to the U.S. District Court for the Southern District of Illinois, the defendants argue that the U.S. District Court for the Southern District of Illinois has original jurisdiction of Counts I and II of the complaint and supplemental jurisdiction of Count III of the complaint and that removal removal is proper.
According to the original complaint, on March 28, D.M and her friend were students at Coolidge Junior High. The plaintiff claims her friend was ambushed and physically assaulted by other students. She alleges she went to the defense of her friend, but was also physically assaulted by the attackers.
The lawsuit states that D.M. was suspended for her role in the fight and later an administrative hearing recommended that she be expelled from school for one year. At the administrative hearing, D.M. was given verbal notice of her right to attend the subsequent board meeting, but never received written notice. Policy requires that a student or their representative be issued written notice to appear at a hearing to determine if expulsion is appropriate.
At the subsequent board meeting, the school board adopted the recommendation to expel D.M., without an appearance by D.M. Policy requires that a notice of expulsion must contain details on why a student's removal is in the school's best interests, rationale for duration of the expulsion, reasoning why other disciplinary measures were unsuccessful or inappropriate under the circumstances, an analysis discussing why the student's continued presence in school would pose a threat to the school's safety or interfere with the school's operation. D.M received notice that contained none of these details, and the notice only informed her that she was being expelled for the "group fight" on March 28, the suit states.
D.M. asserts that she was expelled improperly in violation of the Fourteenth Amendment of the U.S. Constitution and is demanding a judicial review of the decision.
The plaintiff is requesting that the court review this matter pursuant to law, issue an order enjoining the defendants from expelling the plaintiff and any other relief the court deems proper. She is represented in this case by attorney Morgan Scroggins of Scroggins Law Office, Ltd. in Granite City.
U.S. District Court for the Southern District of Illinois case number 3:22-CV-02111-SPM