Dustin Seal Case Summary

Dustin Seal, a junior at Powell High School, Knoxville, TN drove his mom’s car to Friday-night football game with his friends who had put a knife in the glove compartment without his information. Over a suspicion of drinking alcohol, school vice principal searched Dustin’s car and found a hunting knife. Being unaware of the knife Dustin got suspended with pending expulsion from Powell high by the principal. Following with several appeal processes School board sided with the school principal on expelling Dustin. His father sued the school board for violation of Dustin’s right under fourth and fourteenth amendments to Federal court ruled in favor of Seal and the case was settled with $30,000 award to Dustin. six months after the award Unfortunately

Although GFSA requires schools to give immediate punishment only for firearms, Knox county school board extended the scope of the policy by adding drug, drug peripheral, violence and dangerous weapons which is not clearly identified therefore school board or superintendent might not count the knife as lethal as firearms.
Another legal issue with board decision of expulsion is the possession of it. Looking at Dustin’ report right after the incident and his testimony at board hearings, Dustin clearly stated that He was not aware of the knife being in the glove box. Moreover School official did not have any evidence proving Dustin’ knowledge of the knife. After all, the school board contended that It did not matter whether Dustin was aware of the knife in his car, stating that state law mandated his expulsion just for having a weapon in the car. Whereas in criminal law someone are not in possession of a weapon If you are not acquainted of it for the reason that how come you can think of harming other people. In other words, this simply means Dustin should not be considered that he is in possession of the knife so he should not be given punishment so