Judge dismisses lawsuit against Lafayette board


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LAFAYETTE, La. (AP) — A federal judge has dismissed Greg Davis' federal lawsuit against the Lafayette Parish School Board.

Davis had filed the suit in August, asking that board members Mark Babineaux and Tehmi Chassion be removed from any termination proceedings against Superintendent Pat Cooper. Davis also asked that a judge force the school system to use 50 percent of its budget from last year as it tries to work through a budget deficit.

In Tuesday's ruling, The Advertiser reports (http://bit.ly/1qLbGWR) Judge Richard Haik said there was a "lack of subject matter jurisdiction" in Davis' suit.

"It is unfortunate because this Court agrees the dysfunction, inaction and poor example being exhibited by the Lafayette Parish School Board and some parties associated with the Lafayette Parish School System continue to negatively impact the children of this community and should be addressed," Haik wrote. "Ideally, the parties would put their personal differences behind them and work together to responsibly carry out the duties entrusted to them by this community. In the absence of that, judicial intervention might, under some circumstances, become necessary. This Court and this plaintiff, however, are not the proper vehicle for redress."

Haik continued that while Davis is a long-standing and respected community member, as well as the grandfather of school-aged children, he does not have the proper standing to file such a suit.

"Although there is a general claim that the children the School Board is 'charged with educating' will suffer harm if termination proceedings against Dr. Cooper are permitted to continue, there is no showing of a harm-in-fact or imminent harm to Mr. Davis," Haik wrote. "The plaintiff has failed to prove how the relationship between Dr. Cooper and Mr. Davis could give rise to standing and failed to address what it is that hinders Dr. Cooper from asserting his own rights."

Haik also said that the board is in the process of taking action against Cooper, and that while the ongoing actions are "disappointing" and "a threat to the entire community," the process does not appear to be "ripe for adjudication at this time."

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Information from: The Advertiser, http://www.theadvertiser.com

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