GONZALES v. McEUEN

No. CV 76-3519.

435 F.Supp. 460 (1977)

Steve GONZALES by his mother Consuelo Gonzales as his next friend, Angel Flores by his father Alejandro Flores as his next friend, Jerry Rodriguez by his father Tiodoro Rodriguez as his next friend, Wayne Berry by his mother Margaret Smith as his next friend, Jerry Chavez by his father Alfred Chavez as his next friend, Lillian Castellanos by her mother Lucy Castellanos as her next friend, Peggy Garner by her mother Pirlean McCoy as her next friend, Sylvia Allen by her mother Jessie Mae Bryant as her next friend, Ramona Henderson by her mother Mattie Brown as her next friend, Charles Munden by his father Joe R. Munden as his next friend, David Barrington and Mrs. Charlie Becton as his next friend, Individually and on behalf of all others similarly situated, Plaintiffs. v. Andy C. McEUEN in his official capacity as Superintendent of Schools, Oxnard Union High School District, Jean Underwood, John Dullam, Bedford Pinkard, Janet Lindgren and Lee Brown in their official capacity as Trustees of the Oxnard Union High School District, Steve Stocks in his official capacity as Assistant Superintendent of Schools, Oxnard Union High School District, Harold Smith in his official capacity as Principal of Oxnard High School, Mike Hernandez in his official capacity as Assistant Principal, Oxnard High School, and Marcheta Cannon in her official capacity as Assistant Principal at Oxnard High School, Defendants.

United States District Court, C. D. California.

March 2, 1977.


Attorney(s) appearing for the Case

Richard A. Weinstock, Frederick W. Bray, Garry Gammon, Victor B. Moheno, Legal Aid Association of Ventura County, Oxnard, Cal., for plaintiffs.

Nordman, Cormany, Hair & Compton by Larry L. Hines, Oxnard, Cal., for defendants.


MEMORANDUM

TAKASUGI, District Judge.

Eleven high school students, by their next friends, have brought this action under the Civil Rights Act, 42 U.S.C. § 1983, and the Due Process Clause of the Fourteenth Amendment to the Constitution of the United States. The case stems from the suspension and expulsion of the named plaintiffs from Oxnard Union High School following a period of student unrest on campus during October 14-15, 1976. The plaintiffs were...

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