Head Case? Head Injury, Claimed the Plaintiff

In Davis v. Houston County Board of Education, the plaintiff claims that his equal protection rights were violated.

Joshua Davis suffered a head injury during the first quarter of a high school football game, but continued to play. After he was taken out in the third quarter, Davis swung his shoulder pad at one of the coaches, hitting him, and an argument ensued. When another coach intervened, Davis punched him in the eye, and the boy was eventually escorted off the field by an off-duty police officer. The next day, a doctor told Davis that he might have suffered a concussion, and the doctor and a counselor who Davis had been seeing both testified at a subsequent disciplinary hearing that Davis' erratic behavior was most likely caused by the concussion. Davis, however, was expelled from school. Davis claimed in a subsequent lawsuit (Davis v. Houston County Board of Education) that his equal protection rights were violated when the school board expelled him. The court dismissed testimony from both the doctor and the counselor because there was no evidence that they were qualified to be expert witnesses, and granted summary judgment for the school district because Davis did not present any evidence of students in a situation similar to his who were treated differently.

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