SMITH v. WEBB

Civ. A. No. 73-2727.

420 F.Supp. 600 (1976)

Kirk SMITH, a minor suing by Vernon Smith and Margaret Smith, his parents and next of friend v. Alfred E. WEBB, Individually and as principal of Whitemarsh Jr. High School, Whitemarsh Township, Montgomery County, Pennsylvania.

United States District Court, E. D. Pennsylvania.

August 9, 1976.


Attorney(s) appearing for the Case

Richard L. Cole, Jr., Rogers, King & Cole, Norristown, Pa., for plaintiff.

H. Kenneth Tull, Wright, Thistle & Gibbons, Philadelphia, Pa., for defendant.


MEMORANDUM AND ORDER

BRODERICK, District Judge.

Presently before the Court are the cross-motions of the plaintiff and defendant for summary judgment. Plaintiff, Kirk Smith, brought this action alleging that the defendant, Alfred E. Webb, is liable to him in damages under 42 U.S.C. § 19831 for the deprivation of his constitutional right to a hearing prior to his expulsion from public school. For the reasons stated herein...

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