PIPHUS v. CAREY

Nos. 76-1649, 76-1652.

545 F.2d 30 (1976)

Jarius PIPHUS, a minor and Geneva Piphus, guardian ad litem for Jarius Piphus, Plaintiffs-Appellants, v. John D. CAREY et al., Defendants-Appellees. PEOPLE UNITED TO SAVE HUMANITY et al., Plaintiffs-Appellants, v. John D. CAREY et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 22, 1976.


Attorney(s) appearing for the Case

David A. Goldberger, John S. Elson, Chicago, Ill., for plaintiffs-appellants.

Michael J. Murray, Thomas P. Brown, Heineke & Schrader, Chicago, Ill., for defendants-appellees.

Before CLARK, Associate Justice (Retired), CASTLE, Senior Circuit Judge, and TONE, Circuit Judge.


TONE, Circuit Judge.

The District Court found that the rights of the plaintiff public school students to procedural due process had been violated by suspensions without hearings, and that the defense of good faith was not available to the defendant school authorities. Nevertheless, the court refused to award damages because of the lack of evidence of injury, and omitted awarding equitable or declaratory relief although acknowledging that such relief would be appropriate...

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