Doe

Doe v. Mercer Island School District No. 400

Good Law
288 F. App'x 426
United States Court of Appeals for the Ninth CircuitAugust 5, 2008No. 07-35072California606 words

Opinion

Lead Opinion

MEMORANDUM **

Student Doe, by and through his next friends, John and Jane Doe, appeals the district court’s grant of summary judgment to Mercer Island School District (the “School District”) and Superintendent Cynthia S. Simms. Student Doe challenges his emergency expulsion on both procedural and substantive due process grounds and seeks an expungement of the records related to this incident that are kept by the School District. The facts are known to the parties and are repeated here only as necessary. We affirm.

The Due Process Clause provides that no State shall “deprive any person of life, liberty, or property, without due process of law.” U.S. Const, amend. XIV. We find that the School District’s emergency expulsion of Student Doe complied with the Supreme Court’s mandate in Goss v. Lopez, 419 U.S. 565, 579 , 95 S.Ct. 729 , 42 L.Ed.2d 725 (1975), to provide “some kind of notice” and “some kind of hearing.” A representative of the School District met with Student Doe and his mother the morning of Student Doe’s expulsion and gave them oral notice of his exclusion pending a meeting with Superintendent Simms to discuss emergency expulsion. Later that evening, Superintendent…

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