O.W. v. Carr et. al.

Current Revsion Submitted: Fri, 06/02/2023 - 08:59
Submitted by Jane Clayton on Thu, 06/01/2023 - 18:38

To establish a conspiracy between defendants to violate a plaintiff's constitutional rights, a plaintiff need only show that the defendants shared a conspiratorial objective to engage in the conduct that caused the deprivation of rights. Our brief argues that the lower court erroneously applied an additional intent requirement in its analysis of Plaintiff-Appellant's civil conspiracy claim. 

We further argue that the outcomes of a school district's partnership with a law enforcement agency to carry out investigative and enforcement functions can indicate a conspiratorial agreement to deprive students of their constitutional rights. We also  explain how police presence in schools generally exposes children to greater risk of harm and how the Virginia Beach Police Department's presence in Virginia Beach public schools, specifically, has resulted in harm to students.

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