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  5. 858 F.Supp. 1044 (1994)
 

M.P. BY D.P. v. GOVERNING BD. OF GROSSMONT UNION

No. 94-0371 K (POR).

858 F.Supp. 1044 (1994)

M.P., a minor, BY D.P. his natural parent and next friend, Plaintiffs, v. GOVERNING BOARD OF THE GROSSMONT UNION HIGH SCHOOL DISTRICT; Joanne Smith, individually in her official capacity as superintendent of the Grossmont Union High School District; and Arthur Pegas, individually and in his official capacity as principal of the El Capitan High School, Defendants.

United States District Court, S.D. California.

March 21, 1994.

Attorney(s) appearing for the Case

James E. Cohen, California Indian Legal Services, Escondido, CA, for plaintiffs.

Eve Bermingham, Litter, Mendelson, Fastiff and Tichy, San Diego, CA, for defendants.

ORDER GRANTING PLAINTIFF'S MOTION FOR A TEMPORARY RESTRAINING ORDER AND DENYING DEFENDANT'S COUNTERING MOTION

KEEP, Chief Judge.

BACKGROUND

The plaintiff, a seventeen year old Native American, is a senior at El Capitan High School in San Diego County. Prior to the incidents of February 1994, there was no suggestion by the plaintiff's parents, doctors or teachers that he was disabled in a manner that required special education.

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