Fraticelli
Fraticelli v. Board of Education of the Milpitas Unified School District
Opinion
lead Opinion
East, J.
STATEMENT OF FACTS
Wayne Fratieelli (Plaintiff), then a thirteen year old enrolled student, in good academic standing, was excluded from the Rancho Milpitas Junior High School on October 26, 1970 by the authorities of that school acting under the provisions of California Education Code (Code) Section 10552, viz:
The premise for the action and exclusion was Plaintiff’s sale of three marijuana cigarettes to a girl fellow student and possession of several other marijuana cigarettes while upon school grounds on October 7, 1970. The Plaintiff was arrested on that date for the offense, processed through the Juvenile Court and made a ward of that court. 1
Plaintiff has applied for but heretofore has not had:
FEDERAL ISSUES
Plaintiff contends that Code section 10552:
Plaintiff’s contentions raise other constitutional and civil rights grievances not requiring attention at this phase.
RELIEF SOUGHT
Plaintiff has not heretofore sought relief on his grievances from any court of the State of California, and at this juncture in this cause seeks to permanently enjoin the Defendants from enforcing Code section 10552 and particularly the exclusion order thereunder.