707 S.E.2d 397
S.C.2011Background
- Maurice and Marquise Stinney were expelled from Sumter High School for involvement in a fight with other students.
- The District upheld the expulsions upon appeal; Maurice and Marquise did not appeal to circuit court for expungement of expulsions.
- The Stinneys sued Sumter School District 17 in circuit court asserting various claims including due process violations related to the expulsions.
- The circuit court granted summary judgment on the due process claim due to lack of exhaustion of administrative remedies; the court of appeals reversed.
- The South Carolina Supreme Court granted certiorari to review the appellate decision.
- The issue before the court is whether the expulsions and the resulting procedures violated due process and, if so, whether exhaustion of remedies applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exhaustion of remedies for due process claim | Stinney argued exhaustion either not applicable or completed via Board proceedings. | District contends exhaustion required before suit. | Exhaustion not fatal; due process satisfied. |
| Constitutional sufficiency of expulsion procedures | Procedures in statute insufficient to meet due process for expulsion. | Procedures provided by statute are constitutionally sufficient. | Statutory procedures under § 59-63-240 are constitutionally sufficient. |
Key Cases Cited
- Goss v. Lopez, 419 U.S. 565 (U.S. 1975) (due process requires opportunity to be heard depending on the case)
- I'On, L.L.C. v. Town of Mt. Pleasant, 338 S.C. 406 (2000) (state due process obligations and notice requirements)
- Fleming v. Rose, 350 S.C. 488 (2002) (summary judgment standard and appellate review)
- Earle v. Aycock, 276 S.C. 471 (1981) (preclusive effect in collateral administrative litigation)
- Thomas Sand Co. v. Colonial Pipeline Co., 349 S.C. 402 (Ct.App. 2002) (exhaustion doctrine applies to statutory remedies, not broad tort claims)