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J.O. v. ALTON COMMUNITY UNIT SCHOOL DIST. 11

No. 89-1441.

909 F.2d 267 (1990)

J.O. and P.O., Individually and as parents and next friends of D.O., J.B. and C.B., Individually and as parents and next friends of S.B., E.S. and B.S., Individually and as parents and next friends of M.S., Plaintiffs-Appellants, v. ALTON COMMUNITY UNIT SCHOOL DISTRICT 11, Eugene L. Frizzo, E.M. Ervin, David P. Lauschke, Verna J. Lewis, Joyce Robinson, Bob L. Perica, Sandra L. Strohmeier, all individually and in their official capacity as members of the Alton Community Unit School District 11 Board of Education, Dr. David B. VanWinkle, Individually and in his official capacity as Superintendent of the Alton Community Unit School District 11, James B. Clark, Individually and in his official capacity as Principal of East Middle School of the Alton Community Unit School District 11 and Lester Mann, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 3, 1990.

Attorney(s) appearing for the Case

Lynn M. Travis, Coppinger, Carter, Schrempf & Blaine, Alton, Ill., for plaintiffs-appellants.

C. Dana Eastman, Jr., Thomas, Mottaz, Eastman & Sherwood, John M. Delaney, Jr., Allen, Mendenhall & Associates, Alton, Ill., Joseph B. McDonnell, Churchill & McDonnell, Belleville, Ill., for defendants-appellees.

Before WOOD, Jr., and COFFEY, Circuit Judges, and NOLAND, Senior District Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

An involved procedural question complicates this action under 42 U.S.C. § 1983, originally brought in state court with a plethora of state claims. The defendants removed this case to federal court and promptly moved for a dismissal of the plaintiffs' section 1983 claims. The district court granted this motion and, with only pendent state claims remaining, sua sponte remanded the case back to state court. The plaintiffs now...

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