Click here to purchase photos
Stay Lifted in Lawsuit
by James Denton
17 months ago | 603 views | 0 0 comments | 2 2 recommendations | email to a friend | print
A stay in the legal attempt by Carnell Murphy and Lionel Washington to block the Coleman-Brown education bills has been lifted, paving the way for the seating of the Finance Committee – or another bitter legal battle.

The stay was lifted automatically as part of an agreement between both parties in the lawsuit after the U.S. Department of Justice levied its findings last week.

A clerk in the U.S. District Court in Columbia said Wednesday that the stay was lifted retroactive to Aug. 17 and that the plaintiffs do not intend to prosecute their remaining claims. The plaintiffs do have until Oct. 1 to file for attorney fees and court costs.

Murphy said he was not aware of any such action in the case, and that regardless of what he and Washington decide to do, other actions are still likely.

“That doesn’t mean if we stop, the school district or someone else can’t file something,” Murphy said.

Last week, the Justice Department struck down one of the twin bills that would have given State Sen. Creighton Coleman and State Rep. Boyd Brown the authority to appoint two additional members to the Fairfield County School Board.

The companion bill, which gives Coleman and Brown the authority to appoint an independent finance committee to oversee the district’s monetary affairs, cleared the D.O.J. – but not without a caveat. The Justice Department essentially left the door open to future legal actions, saying “ . . . failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the change.”

Murphy and Washington filed their lawsuit in March after the bills overcame a veto by Gov. Mark Sanford.

The suit named as defendants House Speaker Bobby Harrell, in his official capacity, and Coleman and Brown, both personally and in their official capacity.

The suit, filed by Orangeburg attorney Glenn Walters, also alleged that Coleman and Brown “used an internal investigation by SACS, which was instigated by their supporters as a subterfuge to justify enacting the laws at issue.”

SACS (the Southern Association of Colleges and Schools) is a regional, voluntary accreditation agency, which placed the District’s accreditation on probation last fall following an October review.

A follow-up review by SACS in March showed improvements by the District, although they remain on probation.
Comments
(0)
Comments-icon Post a Comment
No Comments Yet
report abuse...

Express yourself:
We're glad to give you a forum to air your point of view on issues important to this community. We just ask that you keep things civil. Leave out the personal attacks. Do not use offensive language, ethnic or racial slurs, or assail anyone's personal or religious beliefs. For anyone who can't be civil, we reserve the right to remove your material. We also reserve the right to ban users who violate our visitor's agreement.
Weather
Sponsored By:

Lottery
Sponsored By:

Stocks
Sponsored By:

Gasoline Prices
Sponsored By:

featured businesses
Recipes
Sponsored By: