Granowitz

Granowitz v. Redlands Unified School District

Good Law
105 Cal. App. 4th 349·129 Cal. Rptr. 2d 410·2003 Cal. App. LEXIS 44·2003 Daily Journal DAR 563·2003 Cal. Daily Op. Serv. 459
Court of Appeal of CaliforniaJanuary 14, 2003E030144California3,210 words

Opinion

Opinion

Gaut, J.

1. Introduction

Evan Granowitz, a high school senior, was suspended for five days after several fellow students accused him of sexually related misbehavior, including grabbing a girl by the buttocks.

After a nine-day trial, the court found plaintiff had been denied due process and, under 42 United States Code section 1983 , awarded plaintiff general damages in the amount of $45,000 and punitive damages in the amount of $50,000. The court also awarded plaintiff attorney’s fees in the amount of $75,268. Plaintiff and defendants have filed cross-appeals.

On appeal, the principal issue is whether, as a matter of law, defendants afforded plaintiff due process in suspending him. Employing a melange of federal and state law and administrative regulations, plaintiff claims violations of both procedural and substantive due process. We decide the trial court erred in its determination that plaintiff was denied due process and reverse the judgment.

2. Factual and Procedural Background

Because the pertinent facts are undisputed, we primarily adopt the trial court’s recitation of the facts from the statement of decision. Defendant Robert Denham was the principal at Redlands High…

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