DOE v. KOGER

Civ. A. No. S 79-14.

480 F.Supp. 225 (1979)

Jane DOE, on behalf of her minor son, Dennis Doe, Individually and on behalf of all other persons similarly situated, Plaintiffs, v. Kenneth J. KOGER, Individually and in his capacity as Superintendent of the School City of Mishawaka; John Shotts, Individually and as Director of Special Education for the School City of Mishawaka; Ronald Kronewitter, George Vernasco, Elvira Trimboli, Samuel Mercantini and Rosemary Spalding, Individually and in their official capacity as Members of the Board of School Trustees of the School City of Mishawaka; Harold H. Negley, in his official capacity as Indiana Superintendent of Public Instruction; and Gilbert Bliton, in his official capacity as Director of Special Education for the State Department of Public Instruction, Defendants.

United States District Court, N. D. Indiana, South Bend Division.

Supplemental Entry December 3, 1979.


Attorney(s) appearing for the Case

Kyle M. Payne, Legal Services Program of Northern Indiana, Inc., South Bend, Ind., for plaintiffs.

Theodore L. Sendak, Atty. Gen. of Indiana, Ronald J. Semler, Deputy Atty. Gen., Indianapolis, Ind., James J. Olson, Mishawaka, Ind., for defendants.


MEMORANDUM AND ORDER

ALLEN SHARP, District Judge.

By his mother, Dennis Doe has brought this action challenging his expulsion from school. (By order of this Court, Dennis Doe and his mother, Jane Doe, have been granted permission to use alternative names.) The defendants are the Board of the School City of Mishawaka, certain officials of the school, and certain officials of the State Department of Public Instruction. The plaintiff complains that he was expelled...

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