The assistant principle testified that Theresa could not be searched for weapons because the school did not have a female security officer, nor had a metal detector been utilized relative to the threat posed by Theresa. The court found that the school district had not presented sufficient evidence to show that Theresa posed a substantial threat of injury to herself or others as required by Honig v Doe . Instead, the school district relied upon the educational disruption and maintenance of discipline in its effort to exclude Theresa. Further, a school district must show that it has taken every reasonable measure to mitigate the danger posed by the student. Since the school had not taken any preventative or ameliorative measures, the injunction was denied.
School districts are typically reluctant to seek injunctive relief from courts.
Usually a district will utilize any and all means available to maintain a student in the educational setting. This case illustrates the need for proper preparation prior to seeking an injunction, even in the case of serious misconduct. Although the Sixth Circuit has not specifically adopted the Light criteria, in practice the same factors are considered. Although this case may be unsettling to administrators concerned with maintaining order and the safety of other students, it does give direction regarding the evidence needed when seeking a Honig injunction. Documentation of prior discipline is important, but no less important is the documentation of actions taken in response to the behavior.