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BOSTER v. PHILPOT

No. 85-1524-K.

645 F.Supp. 798 (1986)

Malvern BOSTER, Cleda Boster, and Darrin Boster; Harold Brubaker and Clifford Brubaker; Paul Caffrey, Mary Ann Caffrey, and Paul Eric Caffrey; Charlotte Conner and Leonard Potter; Darin Elliott; Ronnie M. Grattan, Annette Grattan, and Chris Hamill; Curtis Laughlin, Mary Ellen Laughlin, and Wayne McGrane; Jay B. McCaskill, Jr., Marilyn McCaskill, and Scott McCaskill; Richard Mayo, Marjorie Mayo, and Shari Mayo; Steve Moore; Merl Pearson, Sherry Pearson, and Shawn Pearson; Richard Roberts, Marlene Roberts, and Tim Roberts; Robert S. Younkin, Rose Younkin, and David Gorges and Stephen Gorges, Plaintiffs, v. Michael PHILPOT, Principal of Haven High School, Haven, Kansas; George Dick, Chairman of the Board of Education, U.S.D. # 312; Harold Voth, Superintendent of Schools, U.S.D. # 312; Albert J. Miller, Vice-Chairman of the Board of Education, U.S.D. # 312; and Wanda Allen, David Hoskinson, Harold Tonn, David Warnken, and Don Weber, Members of the Board of Education, U.S.D. # 312, Defendants.

United States District Court, D. Kansas.

October 14, 1986.

Attorney(s) appearing for the Case

Daniel Brooks, Wichita, Kan., for plaintiffs.

Mary Kathleen Babcock, Wichita, Kan., for defendants.

MEMORANDUM AND ORDER

PATRICK F. KELLY, District Judge.

This case is before the court on defendants' motion to dismiss or for summary judgment. The plaintiffs are students and parents of students who brought this action pursuant to 42 U.S.C. § 1983, alleging their due process rights were violated when certain disciplinary actions were taken by the superintendent, principal and board of education (defendants).

Two separate incidents are involved...

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