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BLACK STUDENTS OF NO. FORT MYERS JR.-SR. H. S. v. WILLIAMS

No. 72-1667.

470 F.2d 957 (1972)

BLACK STUDENTS OF NORTH FORT MYERS JR.-SR. HIGH SCHOOL ex rel. et al., Plaintiffs-Appellees, v. Ray L. WILLIAMS, Superintendent of the Lee County School Board of Public Instruction, et al., Defendants-Appellants, State of Florida Board of Education, Intervenor-Appellant.

United States Court of Appeals, Fifth Circuit.

December 27, 1972.

Attorney(s) appearing for the Case

Emmet B. Anderson, Fort Myers, Fla., for Williams & Lee County Sch. Bd.

Rivers H. Buford, Jr., Gen. Counsel, Charles E. Miner, Jr., Counsel, Tallahassee, Fla., Herbert D. Sikes, Tallahassee, Fla., for State Bd. of Ed., Stanley D. Kupiszewski, Jr., Special Counsel to the State Bd. of Ed., Tallahassee, Fla.

Fredricka G. Smith, Homestead, Fla., John B. Platt, III, Anthony Diamond, Fort Myers, Fla., Spencer L. Smith, Homestead, Fla., David M. Cherry, William J. Manikas, Pompano Beach, Fla., for plaintiffs-appellees.

Before MORGAN, CLARK and INGRAHAM, Circuit Judges.

PER CURIAM:

The issue on this appeal is whether a Florida public school student may be suspended from school for ten days without a prior hearing.1 The district court, 335 F.Supp. 820, held that due process requires a hearing prior to a suspension for a substantial period of time, and the court reasoned that ten days was such a period of time. We agree and the judgment of the district court is therefore...

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