CHARLESTON, W.Va. (AP) — A federal judge has tossed a lawsuit filed against the Logan County Board of Education by the mother of a teenager who was told to turn his NRA T-shirt inside out.
The lawsuit claimed the woman’s son’s constitutional rights had been violated.
The Charleston Gazette-Mail (http://bit.ly/1RGOfeC) reports that a federal judge dismissed the case because of the inaction of plaintiff’s attorney, Benjamin White. The attorney said he plans to refile the lawsuit this week.
The lawsuit was filed on behalf of Tanya Lardieri and her son, Jared Marcum.
Marcum would also eventually be charged with obsruction of justice.
The charges against Marcum were eventually dismissed.
The case caused a nationwide furor with media outlets across the country picking up the story.
The Logan Banner reported the original suit came from an incident that occured while Marcum was waiting in line.
The suit alleged a secretary at the school allegedly placed her hand on Marcum preventing him from walking any further.
Marcum was reportedly told he would have to turn his shirt inside out or he would face suspension.
At the time, the lawsuit had named all of the members of the Logan County Board of Education, the superintendent and various staff and teachers at Logan Middle School.
The suit filed by Lardieri and Marcum sought more than $450,000.
In documents issued by federal district court, two main factors are cited as reasons for the dismissal.
The dismissal states, “In the present case, there is no question that Plaintiffs have failed to prosecute their case, despite Defendants’ filing of numerous potentially dispositive motions and this Court’s entry of an order specifically warning that the case would be dismissed unless adequate explanation was made for the Plaintiffs’ non-participation in the case.”
The documents cites the second main factor addresses a prejudice to the defendants. The document adds, “Plaintiffs’ non-participation in this litigation has left Defendants in limbo as to the status of the case against them and caused them to incur additional expenses.”
Owen Wells is a reporter for Civitas Media. He can be reached at 304-752-6950 ext. 1729 or by email at [email protected]