West Virginia Mom is suing the Logan County School Board over her son’s 2013 arrest for wearing an NRA Shirt.
The headlines went viral in the spring of 2013; “8th Grader Suspended, Arrested Over NRA T-Shirt Now Faces $500 Fine and a Year in Jail” The story made it to the DrudgeReport.com.
Once a story hits Drudge and his 25 Million plus daily viewers… it is all over. Jared Marcum and his story went everywhere and into the MSM.
Jared was charged with “disrupting an educational process” and “obstructing an officer”.
The charges were dismissed. The district, school, principal and and teachers were left with egg on their face by the time the ordeal was over.
Now the school is reeling again from this horrific, un-Constitutional mistake that was handled poorly from the very beginning.
Jared’s mother, Tanya Lardieri, is suing the Logan County Board of Education for violating her teenage son’s constitutional rights.
Fox News reports that, “The family is seeking $200,000 in compensatory damages and $250,000 in punitive damages for alleged violations of Marcum’s First and Fourteenth Amendment rights.
“The legal matters were eventually dismissed, but Jared was still forced to serve a one-day suspension. The excuse that was given by the school is that Jared’s shirt was “causing a disruption.”
The most horrific action took place, showing true weakness and inexperience, when the school called the police and had Jared arrested over a simple dress-code matter. Remember back in the day when school administrators and principals were not weak and could handle most issues on their own, without relying on taxpayer paid law enforcement?
It was well proven that Anita Gore and the subsequent actions of the school and district caused weeks of mayhem and disruption.
The entire situation involves a number of grave mistakes on behalf of the school, district, principal and teachers.
The lawsuit states that Ms. Gore told Jared that he had to turn his shirt inside out or face suspension.
After the teen refused, teacher David Burroway hauled him off to the principal’s office by his arm.
But the huge one is that they were willing to give an 8th grade boy a police record because they could not seem to handle dress code issues without calling in the big guns. (No pun intended)
To see the severity of the ineptness of having to call the authorities for situations that for decades were handled by the newest of principals in house, there is a very handy illustration.
A first year teacher walks in weak, no experience. Most, in the first year, tend to send a lot of discipline problems up to the higher authority, the principal. The principal, having more authority, handles a lot of problems that seasoned teachers handle themselves in the classroom.
As the teacher grows and learns, less and less do they rely on the principal. Soon, it is rare that they need that resource.
The same goes for Principal Ernestine Sutherland. The fact that the police were called to handle something that could have been so easily handled in-house, shows the incredible ineptness that is involved. The weakness involved could reasonably compare to that of a first year teacher.
To involve the authorities in this manner only shows weakness on the part of the principle and admin of Logan Middle School. Period.
It is a basic fact that this situation, even if Jared had been wrong, would have been handled for the majority of public school history, without even a thought about involving the police and wasting taxpayer money.
But Jared was not wrong.
Anita Gore, (who BTW , placed her hand on his chest and prevented him from moving forward) told Jared to turn his shirt inside out or be suspended.
This was blatantly adding her own rule to the school policy as there was no rule when she opened his mouth.
This whole situation should have never started in the first place.
It does not matter how Ms. Gore feels about the 2nd Amendment, or the first. It is Allen and Tanya Lardieri’s responsibility to teach Jared Marcum about his views on the 2nd Amendment and it is not the job or responsibility of the teacher or school whatsoever to interfere in any way.
The second teacher involved, David Burroway, should have taken the first teacher aside, (You would think someone would have had some common sense and known the rules.), and explained that the school has no business getting into this and Jared is not breaking school policy.
Instead, he hauled him off to the principal’s office by his arm.
Ernestine Sutherland, principal of Logan Middle School, at that point, should have immediately recognized that Jared had not broken any school rules and sent him back with his peers.
She should have then chastised the two teachers for taking school policy into their own hands, not knowing thus said school policy, and bringing her a problem that they should have been well qualified to handle on their own.
Instead, Principal Sutherland, not knowing exactly what to do or how to handle it, called the police, wasting Taxpayer resources and turning a non-situation into a huge embarrassment for the City of Logan and West Virginia. This is ineptness in its basic form.
So Jared was arrested, taken off to the police station in handcuffs, and faced weeks of the threat of jail time, fees, lawyer costs, and a number of other issues, and he had not violated school policy.
The city of Logan, Logan School District, West Virginia and the School, were dragged through weeks of embarrassing disruption because no one wanted to just go by the rules.
The District, who should of at that point asked, “Was what Jared did against school policy? It is not against District policy.”, …and then ordered everyone to drop the issue and go on their way. Instead proceeded to dig in and continue the madness.
Jared’s dad, Allan Lardieri Stated immediately, “I will go to the ends of the earth, I will call people, I will write letters, I will do everything in the legal realm to make sure this does not happen again,”I will go to the ends of the earth, I will call people, I will write letters, I will do everything in the legal realm to make sure this does not happen again,”
The Lardieri’s are well on their way. I have no doubt that Round 1 made it very clear to all involved to never go down this road again. Actually, Jared wore the shirt again, and amazingly no one said a word.
Along with the news coverage, hundreds of activists, both locally and around the country got involved. They called the school and district, they spread the story. Activists Wayne Dupree and Josh Nelson helped the Lardieris hold the Jared Marcum Rally where many gathered in support.
Not long afterward, the charges were completely dismissed.
So now round 2, the lawsuit! This lawsuit needs to send a big message.
The schools must to stop usurping the authority of a parent to teach their own values in the home. They must stop calling the police on items that have been handled in-house for generations.
What should happen, (and would be the correct action on behalf of those who were involved), is that the teachers, principal, and superintendent, should begin this court case, by apologizing to Jared, his parents, the school, district, city and state, for all the mayhem that has been caused. They should just say, “Jared never broke school policy in the first place, and we take full responsibility.”
That would be the correct example to set for the school children at Logan Middle school. That would be the correct example to set for the school children at Logan’s other schools.
Follow the rules. When you break them, whether teacher, principal, or student, you make it right.
But I doubt that will happen. Selfish desire and self preservation always get in the way.
Actions on the behalf of those involved violated Jared Marcum’s First and 14th Amendment rights, as well as other civil rights. Tanya Lardieri is being represented by Benjamin F. White of Benjamin F. White-Attorney at Law. Ben has been with the Lardieri’s and Jared since the very beginning. I have confidence that there is a great road to victory.
The Lardieris have tried unsuccessfully to have Jared’s record expunged and have sought additional training on school dress code policy and some discipline for the Anita Gore.
“We’ve waited almost two years for them to do this and they chose not to do it, for whatever reason, I don’t know. To me, it would have been pretty simple,” said attorney Ben White on MetroNews.
The Logan Banner reports:
Phyllis Adkins, former president of the board; William Davis, vice president of the board; Mark McGrew, current president of the board; Dr. Pat J. White, school board member; James Frye, school board member; Wilma Zigmond, school board superintendent; Ernestine Sutherland, principal of Logan Middle School; David L. Burroway, teacher at Logan Middle School; Howard Rockhold, teacher at Logan Middle School; Christopher Marcus, teacher at Logan Middle School; Anita Gore, secretary of Logan Middle School; and Logan Middle School were also named as defendants in the suit.
Hear Jared’s full story here in this NRA News mini-documentary: