Ketchens

Plaintiffs appeal from order denying their motion for preliminary injunction.

I

Facts

Patricia Ketchens is the parent of two students at Workman High School in Los Angeles County. On April 9, 1986, Ms. Ketchens went to the school and engaged in a verbal interchange with her daughters’ music teacher, Tanya Stupin. As a result of this incident, a criminal complaint was filed against Ms. Ketchens for violation of Education Code section 44811, insulting a teacher in the presence of a pupil, and Education Code section 44812, abuse of a teacher in the presence of other school personnel or pupils.

Ketchens was notified of these charges in a surrender letter sent by the Sheriff of Los Angeles County. Prior to the date set for her to answer these charges, she responded, through counsel, requesting that the prosecution cease because the cited statutes were unconstitutionally vague and over-broad.

When prosecution continued, Ketchens filed the within action against the district attorney’s office, the district attorney and deputy district attorney, the hearing officer, sheriff, assistant vice principal of Workman High School, and the music teacher, alleging violation of civil…