# Frison v. Franklin County Board of Education

> Court of Appeals for the Fourth Circuit · April 20, 1979 · 596 F.2d 1192

URL: https://www.frixlaw.com/law-library/cases/8909413

## Case

- **Full name:** Mahalia W. FRISON, in her behalf and in behalf of all others similarly situated v. The FRANKLIN COUNTY BOARD OF EDUCATION, a Public Body Corporation of Franklin County Warren W. Smith in his official capacity as Superintendent its members in their official capacities, Lloyd A. West, Jones H. Winston, William Taylor Boone, Lucy T. Allen, and Larry E. Tetterton, of the Franklin County Board of Education Public Schools
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** April 20, 1979
- **Citations:** 596 F.2d 1192
- **Precedential status:** Published
- **Opinion:** Concurrence by Bryan
- **Judges:** Bryan, Butzner
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8909413

## Opinion text

ALBERT V. BRYAN, Senior Circuit Judge,
concurring:
If we are obliged to take jurisdiction of this case, then I join in the majority opinion. The plaintiff could have torn up the note and, with nothing more, dismissed it as not worth remembering. Instead, she gave it stature by reading it to the class and later rehearsing it before another class, each time accenting the vulgarities. Her conduct warranted the school board’s decision of demotion.
Above all, I deplore the entry of the National courts into a State public school student-discipline incident. It was a matter exclusively for the school authorities. *1195 Surely it was not of Constitutional proportions. Our dockets cannot afford the time and effort to grind such petty grist.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8909413. Public record. Not legal advice.