CHALK v. U.S. DIST. COURT CENT. DIST. OF CALIFORNIA

No. 87-6418.

840 F.2d 701 (1988)

Vincent L. CHALK, Petitioner-Appellant, v. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, Respondent, ORANGE COUNTY SUPERINTENDENT OF SCHOOLS, also known as Orange County Department of Education, and Robert Peterson, in his official capacity, Real Parties in Interest/Respondents.

United States Court of Appeals, Ninth Circuit.

Order November 18, 1987.

Decided February 26, 1988.


Attorney(s) appearing for the Case

Paul L. Hoffman, Susan D. McGreivy, Mickey J. Wheatley, Jon W. Davidson, Christine A. Littleton, ACLU Foundation of Southern California, Los Angeles, Cal., Marjorie Rushforth, Georgia Garrett-Norris, Joel J. Loquvam, Garrett-Norris & Rushforth, Joan K. Honeycutt, Jack C. Francis, Santa Ana, Cal., for petitioner-appellant.

Ronald D. Wenkart, Costa Mesa, Cal., for respondents.

Elizabeth H. Esty, Sidley & Austin, Washington, D.C., Kirk B. Johnson, Martin J. Hatlie, Chicago, Ill., for amicus American Medical Ass'n.

John Van de Kamp, Atty. Gen., Andrea Sheridan Ordin, Asst. Atty. Gen., Marian M. Johnston, Supervising Deputy Atty. Gen., and M. Anne Jennings, Deputy Atty. Gen., for amicus State of Cal.

Kirsten L. Zerger, Chief Counsel, and A. Eugene Huguenin, Jr., Staff Counsel, for amicus California Teachers Ass'n.

Arlene Mayerson, Berkeley, Cal., Professor Karl Mannheim, Loyola University Law School, Los Angeles, Cal., for amicus Disability Rights and Educ. Defense Fund.

Karl Mannheim, Los Angeles, Cal., for amicus Nat. Hemophilia Foundation.

Chris Redburn and Rina Hirai, San Francisco, Cal., for amicus Employment Law Center of Legal Aid Soc. of San Francisco.

Nan D. Hunter, New York City, for amici Shirley L. Fannin, M.D., and Martin D. Finn, M.D.

Mark I. Klein, M.D., in pro. per., amicus.

Ron Apperson, Legal Advisor, and Belinda D. Stith, Asst. Legal Advisor, Los Angeles, Cal., for amicus Los Angeles Unified School Dist.

Kenneth R. Vogel, Loyola Law School, and Nora Quinn, Los Angeles, Cal., for amicus Western Law Center for the Handicapped.

Before SNEED, SKOPIL and POOLE, Circuit Judges.


POOLE, Circuit Judge:

Petitioner Vincent L. Chalk is a certified teacher of hearing-impaired students in the Orange County Department of Education.1 In February of 1987, Chalk was diagnosed as having Acquired Immune Deficiency Syndrome (AIDS). Subsequently, the Department reassigned Chalk to an administrative position and barred him from teaching in the classroom. Chalk then filed this action in the district court, claiming that the Department...

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