Victor MADERA, Ramiro Madera and Manuela Madera, Plaintiffs-Appellees,
v.
BOARD OF EDUCATION OF the CITY OF NEW YORK, Bernard E. Donovan, as Superintendent of Schools of the City of New York, Theresa S. Rakow, as District Superintendent for District One in the City of New York, Defendants-Appellants.
United States Court of Appeals Second Circuit.https://leagle.com/images/logo.png
Argued June 8, 1967.
Decided December 6, 1967.
Attorney(s) appearing for the Case
John J. Loflin, New York City, Office of the Corp. Counsel, City of New York (J. Lee Rankin, Corp. Counsel, and Luis M. Neco, New York City, of counsel), for defendants-appellants.
Robert Sugarman, New York City, (Harold J. Rothwax and Sue Ann Shay, New York City, on the brief), for plaintiffs-appellees.
David I. Ashe, Robert Carter, William Chisholm, Kenneth W. Greenawalt, David Haber, Herbert A. Heerwagen, Rhoda H. Karpatkin, Whitman Knapp, Richard L. Levinson, Leah Marks, Stephen M. Nagler, Burt Neuborne, Gregory J. Perrin, Carl Rachlin, George Schiffer, William A. White, and Ray H. Williams, New York City (Rhoda Karpatkin, Leah Marks, Carl Rachlin, Stephen M. Nagler, New York City, of counsel), for American Jewish Congress, New York Metropolitan Council and others, as amici curiae.
John DeWitt Gregory, Mineola, N. Y. (Allen Redlich, Syosset, N. Y., of counsel), for Nassau County Law Services Committee, Inc., as amicus curiae.
Lubell & Lubell, New York City (Jonathan W. Lubell and Stephen L. Fine, New York City, of counsel), for New York City Chapter of the National Lawyers Guild as amicus curiae.
Robert Projansky, New York City, for Harlem Social Workers' Action Committee as amicus curiae.
Vladeck, Elias, Frankle, Vladeck & Lewis, New York City (Max H. Frankle, Everett E. Lewis, and Zachary Wellman, New York City, of counsel), for Council of Supervisory Assns. as amicus curiae.
Before MOORE, FRIENDLY and ANDERSON, Circuit Judges.
United States Court of Appeals Second Circuit.
MOORE, Circuit Judge:
On February 2, 1967, plaintiff Victor Madera, was a 14-year-old student in the seventh grade in Junior High School No. 22, District No. 1 of the New York City public school system. On that date, after a period of more than a year of behavioral difficulties, Victor was suspended from school by the principal. Victor's principal notified the District Superintendent of District No. 1, Miss Theresa Rakow, of the suspension. Miss Rakow notified Victor...
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