The Rutherford Institute says that the nation's high court has refused to hear Andrew Mikel's case.

 

The Spotsylvania High School student was suspended in December 2010 for the rest of the school year.  chool officials said he shot small, hollow plastic pellets at other students during lunch, which constituted "violent criminal conduct" and possession of a weapon.

 

The Supreme Court of Virginia rejected the institute's initial appeal and later refused to rehear the case.

 

The civil liberties group's lawyers have argued that Mikel's actions weren't criminal. They also said Mikel's due process rights were violated.