ATLANTA — A federal judge denied an injunction filed by suspended members of the DeKalb County School Board who argued their removal from office was unconstitutional.
The ruling by U.S. District Judge Richard Story came down on Monday afternoon. On Friday, lawyers for school board members and the state attended a hearing before Story to determine if the governor could suspend six of the nine board members.
"There is considerable evidence that due process as required by the Fourteenth Amendment has been satisfied," Story wrote in his decision.
Story sent the case back to the Georgia Supreme Court to decide on the law, which is part of the state constitution.
A court spokesman told Channel 2's Richard Belcher the parties involved have ten days to agree on questions for the State Supreme Court. Once the court has agreed on the questions to answer, the case will be docketed and decided in two terms of the court, or about six months.
Either side could ask for an expedited hearing but the court is not obligated to grant the request.
DeKalb County School Board chairman Melvin Johnson said in a statement, "I respect the judge's opinion, and appreciate the judge providing an opinion in a timely manner, because time is of the essence." Johnson is one of three board members who will not lose his seat.
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