IN THE UNITED STATES DISTRICT COURT FORTHE SOUTHERN DISTRICT OF WEST VIRGINIAHUNTINGTON DIVISION
ANTHONY JOSEPH BROWNby and through his father,JOSEPH DAVID BROWN,Plaintiff,v.CIVIL ACTION NO. 3:09-0279CABELL COUNTY BOARD OF EDUCATION,WILLIAM A. SMITH in his official capacity assuperintendent of Cabell County Schools, andGREG WEBB in his official capacity as principal of Huntington High School,Defendants.
MEMORANDUM OPINION AND ORDER
Pending is the Defendants’ Motion for Summary Judgment (Doc. 74). The Court heardargument on this motion, from all parties, at a hearing held May 24, 2010. For the reasons explainedbelow, the Court
the motion. In making its decision, the Court has relied on depositionand hearing testimony submitted along with the defendants’ motion. Plaintiff did not contest thisevidence in his response or offer any contrary evidence for the Court to consider. As such, the factsin the record are uncontradicted; judgment to the defendants is appropriate as a matter of law.
Plaintiff, Anthony Brown, is a student at Huntington High School. On March 17, 2009,during the spring of his freshman year, he was given a ten-day suspension for writing the words“Free A-Train” on the back of his hands. He argues that school administrators violated his FirstAmendment right to freedom of speech when they handed down the suspension. He requests a
Case 3:09-cv-00279 Document 86 Filed 05/26/10 Page 1 of 19