Rippy v. Board of School Trustees

Christopher Marlor (plaintiff) was one of two students at Mooresville High School (school) who tended to wear all black clothing. A student at the school approached another student at lunch and made death threats. The threatened student reported the incident to the assistant principal, Bruce Peters. When the threatened student told Peters that he did not know the threatening student, Peters had the threatened student look through the previous year’s yearbook. The student identified Marlor’s picture as that of the student who threatened him. Since the picture had been taken, Marlor had grown facial hair. The same day, a second student was threatened by a student whom the second student did not know. Peters offered the second student the same yearbook, and the second student also identified Marlor based on the old picture. The school issued a short suspension against Marlor and scheduled an expulsion hearing. At the expulsion hearing, the two threatened students submitted written statements saying that Marlor had threatened them. Marlor and his attorney requested the identities of the students but were denied. The hearing examiner recommended Marlor for expulsion, and the Mooresville Board of School Trustees (board) (defendant) affirmed the decision. Marlor sued in state court, claiming deprivation of procedural due process. The case was removed to federal court. The board filed a motion for judgment on the pleadings.