Home/Case Law/Fourth Circuit/Theodore Whitmore Stanley Kevin Barber, Minor, by His Father and Next Friend Jesse Barber Patrick Barber, Minor, by His Father and Next Friend Jesse Barber Bryan Barber, Minor, by His Father and Next Friend Jesse Barber Lurlean Bess MacK Minor, by J.W. MacK Her Grandfather and Next Friend Brian Franklin, Minor, by His Mother and Next Friend Joyce Franklin Jay Franklin, Minor, by His Mother and Next Friend Joyce Franklin United States of America v. Darlington County School District, a Public Body Corporate v. The State of South Carolina the Department of Education for the State of South Carolina the Board of Education for the State of South Carolina William P. Beckham, Iii, in Official Capacity as Member of the State Board of Education Samuel M. Greer, in Official Capacity as Member of the State Board of Education Joseph Peeler Stabler, Colonel, in Official Capacity as Member of the State Board of Education Cleveland Sellars, in Official Capacity as Member of the State Board of Education Austin Floyd, in Official Capacity as Member of the State Board of Education Julian B. Wright, in Official Capacity as Member of the State Board of Education Brenda K. Vernon, in Official Capacity as Member of the State Board of Education Earl Bostick, Sr., in Official Capacity as Member of the State Board of Education Maxie Duke, in Official Capacity as Member of the State Board of Education Laura M. Fleming, in Official Capacity as Member of the State Board of Education Frank M. Hart, in Official Capacity as Member of the State Board of Education Beth Pinson, in Official Capacity as Member of the State Board of Education W. Gregory Horton, in Official Capacity as Member of the State Board of Education Robert W. Owen, in Official Capacity as Member of the State Board of Education Ruby Matthews, in Official Capacity as Member of the State Board of Education Celia Gettys, in Official Capacity as Member of the State Board of Education Thomas E. McInville in Official Capacity as Member of the State Board of Education David M. Beasley, in His Official Capacity as Governor of the State of South Carolina Barbara S. Nielsen, in Her Official Capacity as State Superintendent of Education for the State of South Carolina, and David M. Beasley, in His Official Capacity as Chairman of the State Budget and Control Board South Carolina Budget and Control Board Grady L. Patterson, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina Earle E. Morris, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina James M. Waddell, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina William D. Boan, in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina, Theodore Whitmore Stanley Kevin Barber, Minor, by His Father and Next Friend Jesse Barber Patrick Barber, Minor, by His Father and Next Friend Jesse Barber Bryan Barber, Minor, by His Father and Next Friend Jesse Barber Lurlean Bess MacK Minor, by J.W. MacK Her Grandfather and Next Friend Brian Franklin, Minor, by His Mother and Next Friend Joyce Franklin Jay Franklin, Minor, by His Mother and Next Friend Joyce Franklin United States of America v. Darlington County School District, a Public Body Corporate v. The State of South Carolina the Department of Education for the State of South Carolina the Board of Education for the State of South Carolina William P. Beckham, Iii, in Official Capacity as Member of the State Board of Education Samuel M. Greer, in Official Capacity as Member of the State Board of Education Joseph Peeler Stabler, Colonel, in Official Capacity as Member of the State Board of Education Cleveland Sellars, in Official Capacity as Member of the State Board of Education Austin Floyd, in Official Capacity as Member of the State Board of Education Julian B. Wright, in Official Capacity as Member of the State Board of Education Brenda K. Vernon, in Official Capacity as Member of the State Board of Education Earl Bostick, Sr., in Official Capacity as Member of the State Board of Education Maxie Duke, in Official Capacity as Member of the State Board of Education Laura M. Fleming, in Official Capacity as Member of the State Board of Education Frank M. Hart, in Official Capacity as Member of the State Board of Education Beth Pinson, in Official Capacity as Member of the State Board of Education W. Gregory Horton, in Official Capacity as Member of the State Board of Education Robert W. Owen, in Official Capacity as Member of the State Board of Education Ruby Matthews, in Official Capacity as Member of the State Board of Education Celia Gettys, in Official Capacity as Member of the State Board of Education Thomas E. McInville in Official Capacity as Member of the State Board of Education David M. Beasley, in His Official Capacity as Governor of the State of South Carolina Barbara S. Nielsen, in Her Official Capacity as State Superintendent of Education for the State of South Carolina, and David M. Beasley, in His Official Capacity as Chairman of the State Budget and Control Board South Carolina Budget and Control Board Grady L. Patterson, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina Earle E. Morris, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina James M. Waddell, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina William D. Boan, in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina
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No. 718626
United States Court of Appeals for the Fourth Circuit
Theodore Whitmore Stanley Kevin Barber, Minor, by His Father and Next Friend Jesse Barber Patrick Barber, Minor, by His Father and Next Friend Jesse Barber Bryan Barber, Minor, by His Father and Next Friend Jesse Barber Lurlean Bess MacK Minor, by J.W. MacK Her Grandfather and Next Friend Brian Franklin, Minor, by His Mother and Next Friend Joyce Franklin Jay Franklin, Minor, by His Mother and Next Friend Joyce Franklin United States of America v. Darlington County School District, a Public Body Corporate v. The State of South Carolina the Department of Education for the State of South Carolina the Board of Education for the State of South Carolina William P. Beckham, Iii, in Official Capacity as Member of the State Board of Education Samuel M. Greer, in Official Capacity as Member of the State Board of Education Joseph Peeler Stabler, Colonel, in Official Capacity as Member of the State Board of Education Cleveland Sellars, in Official Capacity as Member of the State Board of Education Austin Floyd, in Official Capacity as Member of the State Board of Education Julian B. Wright, in Official Capacity as Member of the State Board of Education Brenda K. Vernon, in Official Capacity as Member of the State Board of Education Earl Bostick, Sr., in Official Capacity as Member of the State Board of Education Maxie Duke, in Official Capacity as Member of the State Board of Education Laura M. Fleming, in Official Capacity as Member of the State Board of Education Frank M. Hart, in Official Capacity as Member of the State Board of Education Beth Pinson, in Official Capacity as Member of the State Board of Education W. Gregory Horton, in Official Capacity as Member of the State Board of Education Robert W. Owen, in Official Capacity as Member of the State Board of Education Ruby Matthews, in Official Capacity as Member of the State Board of Education Celia Gettys, in Official Capacity as Member of the State Board of Education Thomas E. McInville in Official Capacity as Member of the State Board of Education David M. Beasley, in His Official Capacity as Governor of the State of South Carolina Barbara S. Nielsen, in Her Official Capacity as State Superintendent of Education for the State of South Carolina, and David M. Beasley, in His Official Capacity as Chairman of the State Budget and Control Board South Carolina Budget and Control Board Grady L. Patterson, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina Earle E. Morris, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina James M. Waddell, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina William D. Boan, in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina, Theodore Whitmore Stanley Kevin Barber, Minor, by His Father and Next Friend Jesse Barber Patrick Barber, Minor, by His Father and Next Friend Jesse Barber Bryan Barber, Minor, by His Father and Next Friend Jesse Barber Lurlean Bess MacK Minor, by J.W. MacK Her Grandfather and Next Friend Brian Franklin, Minor, by His Mother and Next Friend Joyce Franklin Jay Franklin, Minor, by His Mother and Next Friend Joyce Franklin United States of America v. Darlington County School District, a Public Body Corporate v. The State of South Carolina the Department of Education for the State of South Carolina the Board of Education for the State of South Carolina William P. Beckham, Iii, in Official Capacity as Member of the State Board of Education Samuel M. Greer, in Official Capacity as Member of the State Board of Education Joseph Peeler Stabler, Colonel, in Official Capacity as Member of the State Board of Education Cleveland Sellars, in Official Capacity as Member of the State Board of Education Austin Floyd, in Official Capacity as Member of the State Board of Education Julian B. Wright, in Official Capacity as Member of the State Board of Education Brenda K. Vernon, in Official Capacity as Member of the State Board of Education Earl Bostick, Sr., in Official Capacity as Member of the State Board of Education Maxie Duke, in Official Capacity as Member of the State Board of Education Laura M. Fleming, in Official Capacity as Member of the State Board of Education Frank M. Hart, in Official Capacity as Member of the State Board of Education Beth Pinson, in Official Capacity as Member of the State Board of Education W. Gregory Horton, in Official Capacity as Member of the State Board of Education Robert W. Owen, in Official Capacity as Member of the State Board of Education Ruby Matthews, in Official Capacity as Member of the State Board of Education Celia Gettys, in Official Capacity as Member of the State Board of Education Thomas E. McInville in Official Capacity as Member of the State Board of Education David M. Beasley, in His Official Capacity as Governor of the State of South Carolina Barbara S. Nielsen, in Her Official Capacity as State Superintendent of Education for the State of South Carolina, and David M. Beasley, in His Official Capacity as Chairman of the State Budget and Control Board South Carolina Budget and Control Board Grady L. Patterson, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina Earle E. Morris, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina James M. Waddell, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina William D. Boan, in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina
No. 718626 · Decided May 28, 1996
No. 718626·Fourth Circuit · 1996·
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Case Details
Court
United States Court of Appeals for the Fourth Circuit
Decided
May 28, 1996
Citation
No. 718626
Disposition
See opinion text.
Full Opinion
Plain English Summary
Plain-English summary coming soon. Read the opinion text below for the current holding.
Key Points
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Frequently Asked Questions
Theodore Whitmore Stanley Kevin Barber, Minor, by His Father and Next Friend Jesse Barber Patrick Barber, Minor, by His Father and Next Friend Jesse Barber Bryan Barber, Minor, by His Father and Next Friend Jesse Barber Lurlean Bess MacK Minor, by J.W. MacK Her Grandfather and Next Friend Brian Franklin, Minor, by His Mother and Next Friend Joyce Franklin Jay Franklin, Minor, by His Mother and Next Friend Joyce Franklin United States of America v. Darlington County School District, a Public Body Corporate v. The State of South Carolina the Department of Education for the State of South Carolina the Board of Education for the State of South Carolina William P. Beckham, Iii, in Official Capacity as Member of the State Board of Education Samuel M. Greer, in Official Capacity as Member of the State Board of Education Joseph Peeler Stabler, Colonel, in Official Capacity as Member of the State Board of Education Cleveland Sellars, in Official Capacity as Member of the State Board of Education Austin Floyd, in Official Capacity as Member of the State Board of Education Julian B. Wright, in Official Capacity as Member of the State Board of Education Brenda K. Vernon, in Official Capacity as Member of the State Board of Education Earl Bostick, Sr., in Official Capacity as Member of the State Board of Education Maxie Duke, in Official Capacity as Member of the State Board of Education Laura M. Fleming, in Official Capacity as Member of the State Board of Education Frank M. Hart, in Official Capacity as Member of the State Board of Education Beth Pinson, in Official Capacity as Member of the State Board of Education W. Gregory Horton, in Official Capacity as Member of the State Board of Education Robert W. Owen, in Official Capacity as Member of the State Board of Education Ruby Matthews, in Official Capacity as Member of the State Board of Education Celia Gettys, in Official Capacity as Member of the State Board of Education Thomas E. McInville in Official Capacity as Member of the State Board of Education David M. Beasley, in His Official Capacity as Governor of the State of South Carolina Barbara S. Nielsen, in Her Official Capacity as State Superintendent of Education for the State of South Carolina, and David M. Beasley, in His Official Capacity as Chairman of the State Budget and Control Board South Carolina Budget and Control Board Grady L. Patterson, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina Earle E. Morris, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina James M. Waddell, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina William D. Boan, in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina, Theodore Whitmore Stanley Kevin Barber, Minor, by His Father and Next Friend Jesse Barber Patrick Barber, Minor, by His Father and Next Friend Jesse Barber Bryan Barber, Minor, by His Father and Next Friend Jesse Barber Lurlean Bess MacK Minor, by J.W. MacK Her Grandfather and Next Friend Brian Franklin, Minor, by His Mother and Next Friend Joyce Franklin Jay Franklin, Minor, by His Mother and Next Friend Joyce Franklin United States of America v. Darlington County School District, a Public Body Corporate v. The State of South Carolina the Department of Education for the State of South Carolina the Board of Education for the State of South Carolina William P. Beckham, Iii, in Official Capacity as Member of the State Board of Education Samuel M. Greer, in Official Capacity as Member of the State Board of Education Joseph Peeler Stabler, Colonel, in Official Capacity as Member of the State Board of Education Cleveland Sellars, in Official Capacity as Member of the State Board of Education Austin Floyd, in Official Capacity as Member of the State Board of Education Julian B. Wright, in Official Capacity as Member of the State Board of Education Brenda K. Vernon, in Official Capacity as Member of the State Board of Education Earl Bostick, Sr., in Official Capacity as Member of the State Board of Education Maxie Duke, in Official Capacity as Member of the State Board of Education Laura M. Fleming, in Official Capacity as Member of the State Board of Education Frank M. Hart, in Official Capacity as Member of the State Board of Education Beth Pinson, in Official Capacity as Member of the State Board of Education W. Gregory Horton, in Official Capacity as Member of the State Board of Education Robert W. Owen, in Official Capacity as Member of the State Board of Education Ruby Matthews, in Official Capacity as Member of the State Board of Education Celia Gettys, in Official Capacity as Member of the State Board of Education Thomas E. McInville in Official Capacity as Member of the State Board of Education David M. Beasley, in His Official Capacity as Governor of the State of South Carolina Barbara S. Nielsen, in Her Official Capacity as State Superintendent of Education for the State of South Carolina, and David M. Beasley, in His Official Capacity as Chairman of the State Budget and Control Board South Carolina Budget and Control Board Grady L. Patterson, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina Earle E. Morris, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina James M. Waddell, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina William D. Boan, in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina is a decision of the Fourth Circuit. Review the opinion text below for the holding.
FlawCheck shows no negative treatment for Theodore Whitmore Stanley Kevin Barber, Minor, by His Father and Next Friend Jesse Barber Patrick Barber, Minor, by His Father and Next Friend Jesse Barber Bryan Barber, Minor, by His Father and Next Friend Jesse Barber Lurlean Bess MacK Minor, by J.W. MacK Her Grandfather and Next Friend Brian Franklin, Minor, by His Mother and Next Friend Joyce Franklin Jay Franklin, Minor, by His Mother and Next Friend Joyce Franklin United States of America v. Darlington County School District, a Public Body Corporate v. The State of South Carolina the Department of Education for the State of South Carolina the Board of Education for the State of South Carolina William P. Beckham, Iii, in Official Capacity as Member of the State Board of Education Samuel M. Greer, in Official Capacity as Member of the State Board of Education Joseph Peeler Stabler, Colonel, in Official Capacity as Member of the State Board of Education Cleveland Sellars, in Official Capacity as Member of the State Board of Education Austin Floyd, in Official Capacity as Member of the State Board of Education Julian B. Wright, in Official Capacity as Member of the State Board of Education Brenda K. Vernon, in Official Capacity as Member of the State Board of Education Earl Bostick, Sr., in Official Capacity as Member of the State Board of Education Maxie Duke, in Official Capacity as Member of the State Board of Education Laura M. Fleming, in Official Capacity as Member of the State Board of Education Frank M. Hart, in Official Capacity as Member of the State Board of Education Beth Pinson, in Official Capacity as Member of the State Board of Education W. Gregory Horton, in Official Capacity as Member of the State Board of Education Robert W. Owen, in Official Capacity as Member of the State Board of Education Ruby Matthews, in Official Capacity as Member of the State Board of Education Celia Gettys, in Official Capacity as Member of the State Board of Education Thomas E. McInville in Official Capacity as Member of the State Board of Education David M. Beasley, in His Official Capacity as Governor of the State of South Carolina Barbara S. Nielsen, in Her Official Capacity as State Superintendent of Education for the State of South Carolina, and David M. Beasley, in His Official Capacity as Chairman of the State Budget and Control Board South Carolina Budget and Control Board Grady L. Patterson, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina Earle E. Morris, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina James M. Waddell, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina William D. Boan, in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina, Theodore Whitmore Stanley Kevin Barber, Minor, by His Father and Next Friend Jesse Barber Patrick Barber, Minor, by His Father and Next Friend Jesse Barber Bryan Barber, Minor, by His Father and Next Friend Jesse Barber Lurlean Bess MacK Minor, by J.W. MacK Her Grandfather and Next Friend Brian Franklin, Minor, by His Mother and Next Friend Joyce Franklin Jay Franklin, Minor, by His Mother and Next Friend Joyce Franklin United States of America v. Darlington County School District, a Public Body Corporate v. The State of South Carolina the Department of Education for the State of South Carolina the Board of Education for the State of South Carolina William P. Beckham, Iii, in Official Capacity as Member of the State Board of Education Samuel M. Greer, in Official Capacity as Member of the State Board of Education Joseph Peeler Stabler, Colonel, in Official Capacity as Member of the State Board of Education Cleveland Sellars, in Official Capacity as Member of the State Board of Education Austin Floyd, in Official Capacity as Member of the State Board of Education Julian B. Wright, in Official Capacity as Member of the State Board of Education Brenda K. Vernon, in Official Capacity as Member of the State Board of Education Earl Bostick, Sr., in Official Capacity as Member of the State Board of Education Maxie Duke, in Official Capacity as Member of the State Board of Education Laura M. Fleming, in Official Capacity as Member of the State Board of Education Frank M. Hart, in Official Capacity as Member of the State Board of Education Beth Pinson, in Official Capacity as Member of the State Board of Education W. Gregory Horton, in Official Capacity as Member of the State Board of Education Robert W. Owen, in Official Capacity as Member of the State Board of Education Ruby Matthews, in Official Capacity as Member of the State Board of Education Celia Gettys, in Official Capacity as Member of the State Board of Education Thomas E. McInville in Official Capacity as Member of the State Board of Education David M. Beasley, in His Official Capacity as Governor of the State of South Carolina Barbara S. Nielsen, in Her Official Capacity as State Superintendent of Education for the State of South Carolina, and David M. Beasley, in His Official Capacity as Chairman of the State Budget and Control Board South Carolina Budget and Control Board Grady L. Patterson, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina Earle E. Morris, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina James M. Waddell, Jr., in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina William D. Boan, in Official Capacity as Member of the State Budget and Control Board for the State of South Carolina in the current circuit citation data.
This case was decided on May 28, 1996.
Use the citation No. 718626 and verify it against the official reporter before filing.