The lawsuit challenging the use of pepper spray in Birmingham schools will move forward.
A federal judge denied a motion today by the Birmingham Police Department to dismiss lawsuit filed by the Southern Poverty Law Center. The suit challenges the use of pepper spray to break up fights.
Thursday's ruling allows the case to move forward. The SPLC filed it in 2010 against the department and the Birmingham Board of Education, claiming they use pepper spray too often and unnecessarily.
School district officials say they have never been accused of mishandling discipline before.
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