A Michigan student who experienced a rights violation is now taking legal action with help from their parents. Unfortunately, the student has already faced several consequences that may have been avoided with effective representation by an attorney-advisor.

Detroit-Area High School Expels High Schooler Based on Dubious Claims

Charity and Thomas Halasz have sued multiple parties linked to Cass City High School, located in a Detroit suburb. The parents allege that their child merely made a comment about a gun violence demonstration held by Cass City High. Yet, the student (dubbed “H.H.” in the lawsuit) was ultimately expelled after another student misconstrued H.H.'s comments about the demonstration.

The Student Was Never Found to Have a Weapon, Yet Was Still Dismissed

The lawsuit alleges several violations of H.H.'s rights and other questionable acts by school administrators and a Michigan State Police Officer, including:

• Failing to read H.H. their rights before commencing an investigation into whether H.H. possessed a firearm
• Telling H.H. that his parents had consented to the search, when in fact, they had not
• Failing to ask H.H. whether he wanted a parent present as administrators investigated their alleged firearm possession
• Failing to inform H.H.'s relative that the child was under investigation when the relative arrived at the school to pick up H.H.
• Failing to immediately notify Charity or Thomas Halasz that their child was under investigation for allegedly possessing a firearm on school grounds

The administrators, in the presence of a law enforcement officer, commanded H.H. to expose his torso and engage in other acts that, the lawsuit alleges, caused the student to be “embarrassed and shamed.”

Even After an Illegal Search That Produced No Firearm, the School Board Took Action Against the Student

While H.H. was allowed to leave school grounds with their relative following the dubious search, the school made no indication that further investigation was warranted. Nevertheless, Michigan State Troopers visited the Halasz house later in the day.

At this point and prior, law enforcement officers:

• Searched the student's room
• Questioned the student about the incident and about instances of bullying more generally
• Questioned other students at Cass City High School about H.H.
• Reviewed the student's social media accounts

Law enforcement officers left and returned to the Halasz home to question H.H. yet again and provided an initial police report to Cass City High. At an expulsion hearing, the presiding school board reached a determination that H.H. had threatened to bring a toy gun to school and expelled him for 180 days.

Always Hire an Attorney-Advisor to Protect Your Student

Attorney-Advisor Joseph D. Lento knows that, unfortunately, the callous disregard for students' rights is common. Charity and Thomas Halasz should have retained our firm as soon as it became clear their child was under investigation.

It does not matter whether a student faces allegations as serious as possessing a firearm or as seemingly minor as cheating on a test. When a school or school board violates a student's rights in any manner or circumstance, permanent reputational harm can result.

Call the Lento Law Firm Student Defense Team today at 888-535-3686 or contact us online if your student faces an investigation of any kind.