A federal judge has thrown out a lawsuit brought by a Garden City, Kansas, mother who lost custody of her son over her use of cannabis oil in an incident that drew national attention.
In a brief four-page order Tuesday, U.S. District Judge J. Thomas Marten dismissed the action, finding that Shona Banda had failed to respond to the defendants’ “prima facie valid arguments.”
Banda, who represented herself, had sued the Garden City school district and one of its employees; the Garden City police department and its chief; the state of Kansas and Gov. Sam Brownback; and the Kansas Department for Children and Families and its secretary, Phyllis Gilmore.
Banda filed her lawsuit in March, exactly a year after Garden City police raided her home and seized marijuana, cannabis oil and drug-related equipment after her 11-year-old son spoke up about her use of cannabis at a school anti-drug presentation.