Simonian

ORDER DENYING FOWLER UNIFIED SCHOOL DISTRICT’S MOTION TO DISMISS [Doc. 9]

Plaintiff Jonathan Carl Coch Simonian has filed a Complaint for Violation of Equal Protection Clause. Defendants are the Fowler Unified School District (District) and Does 1 through 40.

Paragraph 1 of the Complaint alleges that Plaintiff “brings this action for redress of [the District’s] violation of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution” and that “[p]ursuant to 28 U.S.C. Section [sic] 1331 and 1343(a), the Court has jurisdiction over the claim, which is brought under 42 U.S.C. Section 1983 .”

Paragraphs 7 through 10 of the Complaint allege that during the fall semester of Plaintiffs senior year at Fowler High School, District officials conducted a search of Plaintiffs car, asserting that the search “revealed a ‘pin-head sized leaf of marijuana’ found stuck to a piece of rubber lining on the bottom of the front console glove compartment, under a garage door opener.” On October 14, 2004, Plaintiff was advised by the District’s Board of Education that the Board had voted to expel Plaintiff for the balance of the first semester of the 2004/2005 school…