A quick check on the Hurley-Richards case shows that a "non-oral notice" was filed in mid February. This means that oral arguments will not be taken in the case. This is actually fairly typical. Most appellate reviews, a court administrator tells KSN&C, are conducted through legal briefs.
Rosalind Hurley-Richards, a second grade teacher at Liberty Elementary, was disciplined by FCPS for conduct unbecoming a teacher when she worked at Cardinal Valley Elementary, in February 2009, and an administrative tribunal upheld her suspension.
Hurley-Richards then filed a circuit court action in Fayette Circuit Court (09-CI-5311) appealing the tribunal's decision. The circuit court overturned the tribunal’s suspension of Richards.
Judge Ernesto Scorsone ruled that the conclusions of the tribunal were "without support of substantial evidence on the whole record" and provided "no evidentairy basis on which to support any suspension without pay." The court found Hurley-Richards' conduct reasonable, and the tribunal's conclusions incorrect. Scorsone reasoned that Hurley-Richards was maintaining order in the hallway following a student's attack on his sister and that Hurley-Richards had reason to believe the student posed a risk which would justify physical restraint.
Fayette County Schools Superintendent Stu Silberman and the district is now appealing that decision (2010-CA-000840-MR).
A decision is slated for this month.