{
  "id": 8498738,
  "name": "FERNANDO LUSK, by and through his Next Best Friend, Eddie Lusk, Plaintiff-Appellee, v. TRIAD COMMUNITY UNIT NO. 2, Defendant-Appellant",
  "name_abbreviation": "Lusk ex rel. Lusk v. Triad Community Unit No. 2",
  "decision_date": "1990-02-02",
  "docket_number": "No. 5\u201489\u20140846",
  "first_page": "426",
  "last_page": "428",
  "citations": [
    {
      "type": "official",
      "cite": "194 Ill. App. 3d 426"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
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    {
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      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
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      "reporter": "N.E.2d",
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          "page": "738-39"
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    {
      "cite": "98 Ill. App. 3d 438",
      "category": "reporters:state",
      "reporter": "Ill. App. 3d",
      "case_ids": [
        8499446
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        "/ill-app-3d/98/0438-01"
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    {
      "cite": "451 N.E.2d 939",
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      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "116 Ill. App. 3d 557",
      "category": "reporters:state",
      "reporter": "Ill. App. 3d",
      "case_ids": [
        3520788
      ],
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      "case_paths": [
        "/ill-app-3d/116/0557-01"
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  "analysis": {
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    "char_count": 3160,
    "ocr_confidence": 0.73,
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  "last_updated": "2023-07-14T21:36:32.853539+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "HARRISON and GOLDENHERSH, JJ., concur."
    ],
    "parties": [
      "FERNANDO LUSK, by and through his Next Best Friend, Eddie Lusk, Plaintiff-Appellee, v. TRIAD COMMUNITY UNIT NO. 2, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "JUSTICE HOWERTON\ndelivered the opinion of the court:\nA high school student ought not carry a .357 Magnum pistol, jammed between his waistband and his belly, with a live round of ammunition in his pants pocket while he is in a lunch line in a high school cafeteria. Expulsion of that student is no abuse of discretion. Enjoining that expulsion is.\nThe Board of Education of Triad Community Unit School District No. 2 found that carrying the gun and ammunition was \u201cgross disobedience or misconduct\u201d under the School Code (Ill. Rev. Stat. 1987, ch. 122, par. 10 \u2014 22.6(a)) and expelled Fernando Lusk, a football player with a clean discipline record, for the remainder of the 1988-89 school year.\nLusk sought injunctive relief, alleging that the expulsion was arbitrary, unreasonable, capricious or oppressive.\nThe circuit court of Madison County, relying on the transcript of the Board\u2019s hearing, additional exhibits, and memoranda of law and fact submitted by both parties, enjoined the expulsion.\nThe Board appeals pursuant to Supreme Court Rule 307 (107 Ill. 2d R. 307).\nWe reverse.\nIn Illinois, a decision to suspend or expel a student will be reversed by a court of review only if it is arbitrary, unreasonable, capricious, or oppressive. Wilson v. Collinsville Community Unit School District No. 10 (1983), 116 Ill. App. 3d 557, 451 N.E.2d 939.\n\u201cSchool discipline is an area which courts enter with great hesitation and reluctance \u2014 and rightly so. School officials are trained and paid to determine what form of punishment best addresses a particular student\u2019s transgressions. They are in a far better position than is a black-robed judge to decide what to do with a disobedient child at school.\u201d Donaldson v. Board of Education (1981), 98 Ill. App. 3d 438, 439, 424 N.E.2d 737, 738-39.\nApplying Donaldson\u2019s rationale to this case, we conclude that the circuit court erred in granting Lusk\u2019s preliminary injunction.\nIt is undisputed that Lusk had possessed the gun and ammunition. When caught, he acknowledged not only that he knew that his conduct was against school rules, but also that he knew that it could result in his expulsion.\nA gun in school is dangerous. A gun in school sweeps all into harm\u2019s way. Carrying a gun in school cannot be endorsed. Carrying a gun in school must be condemned. Expulsion is condemnation, appropriate condemnation. This expulsion is not arbitrary, is not unreasonable, is not capricious or oppressive.\nSince the school board did not abuse its discretion, the circuit court did. See Opportunity Center of Southeastern Illinois, Inc. v. Bernardi (1986), 145 Ill. App. 3d 899, 496 N.E.2d 340.\nThe judgment of the circuit court granting Lusk a preliminary injunction is reversed.\nReversed.\nHARRISON and GOLDENHERSH, JJ., concur.",
        "type": "majority",
        "author": "JUSTICE HOWERTON"
      }
    ],
    "attorneys": [
      "Burroughs, Simpson, Hepler, Broom & MacDonald, of Edwardsville (Theodore J. MacDonald, Jr., and David G. Phoenix, of counsel), for appellant.",
      "William C. Evers III, of Collinsville, for appellee."
    ],
    "corrections": "",
    "head_matter": "FERNANDO LUSK, by and through his Next Best Friend, Eddie Lusk, Plaintiff-Appellee, v. TRIAD COMMUNITY UNIT NO. 2, Defendant-Appellant.\nFifth District\nNo. 5\u201489\u20140846\nOpinion filed February 2, 1990.\nBurroughs, Simpson, Hepler, Broom & MacDonald, of Edwardsville (Theodore J. MacDonald, Jr., and David G. Phoenix, of counsel), for appellant.\nWilliam C. Evers III, of Collinsville, for appellee."
  },
  "file_name": "0426-01",
  "first_page_order": 448,
  "last_page_order": 450
}