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MONTOYA v. SANGER UNIFIED SCHOOL DIST., ETC.

No. CV. F-80-240-MDC

502 F.Supp. 209 (1980)

Joshua MONTOYA, a minor, by his mother Esther Flores, as next friend, and Samuel Rodriguez, a minor, by his mother Maria Rodriguez, as next friend, Plaintiffs, v. The SANGER UNIFIED SCHOOL DISTRICT, IN the COUNTY OF FRESNO, STATE OF CALIFORNIA; James Gonzalez, Dr. Paul Cheney, Ronald G. Sterling, Yo Katayama, George R. Johnson, Paulette Doom, and Richard Wyrick, Individually and in their official capacities as Trustees of the Sanger Unified School District; Dr. J. Donald Dorough, Superintendent of the Sanger Unified School District; Roy T. Argleben, Assistant Superintendent of the Sanger Unified School District; John Haro, Principal of the Sanger High School; Ruben Jimenez, Vice-Principal of the Sanger High School, Individually and in their official capacities, Defendants.

United States District Court, E. D. California.

October 29, 1980.

Attorney(s) appearing for the Case

George Cajiga, Nancy Marsh, Fresno-Merced Counties Legal Services, Inc., Fresno, Cal., for plaintiffs.

Harry Finkle, Stephen Thomas Davenport, Jr., Paterson & Taggart, Fresno, Cal., for defendants.

MEMORANDUM DECISION

PRICE, District Judge.

The minor plaintiffs, through their respective mothers as next friends, invoke the jurisdiction of this court under 28 U.S.C. §§ 1343(3) and (4). Specifically, they seek relief from extended suspensions of each minor plaintiff from the Sanger Union High School pending expulsion hearings by the Board of Trustees of the school on November 5, 1980.

Plaintiffs do not ask the court to take jurisdiction...

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