277 F.Supp. 649 (W.D.Mo. 1967), 16473, Esteban v. Central Missouri State College

Docket Nº16473, 16474.
Citation277 F.Supp. 649
Party NameAlfredo ESTEBAN et al., Plaintiffs, v. CENTRAL MISSOURI STATE COLLEGE et al., Defendants.
Case DateOctober 03, 1967
CourtUnited States District Courts, 8th Circuit, Western District of Missouri

Page 649

277 F.Supp. 649 (W.D.Mo. 1967)

Alfredo ESTEBAN et al., Plaintiffs,

v.

CENTRAL MISSOURI STATE COLLEGE et al., Defendants.

Nos. 16473, 16474.

United States District Court, W.D. Missouri, Western Division.

Oct. 3, 1967

Page 650

Irving Achtenberg, Achtenberg, Sandler & Balkin, Kansas City, Mo., for plaintiffs.

Robert L. Wesner, Wesner, Wesner & Meyer, Sedalia, Mo., for defendants.

MEMORANDUM AND ORDER DIRECTING THAT PLAINTIFFS BE GRANTED A NEW HEARINg

ELMO B. HUNTER, District Judge.

This matter comes before the Court on plaintiffs' demands for injunctive relief and such other relief as the Court may deem proper. A hearing was held on September 6, 1967, and the Court received the revisions to plaintiffs' supplemental reply brief September 29, 1967. At the hearing held herein the Court dismissed plaintiff Len Wesley Powell from this suit without prejudice, leaving Alfredo Esteban and Steve Roberds as the only two active plaintiffs in the case.

In the spring of 1967 at the time he was suspended from Central Missouri State College plaintiff Roberds was on disciplinary probation. At the time plaintiff Esteban was suspended in the spring of 1967 he was on scholastic probation and prior to that time had been on disciplinary probation. Each of the suspensions followed two nights of student demonstrations variously described at the hearing as 'disturbances,' 'incidents,' and 'riots.'

The record demonstrates that each of the plaintiffs was orally advised of the reason the College was considering disciplinary action against him and was given an opportunity to make such explanation to the Dean of Men, Dr. Chalquist, as he desired to. Each was further advised that he was entitled to appeal to the President of the College, Dr. Lovinger, in the event disciplinary action was recommended. Each of the plaintiffs discussed his version of the circumstances with Dr. Chalquist. At the hearing in this matter plaintiff Roberds advised the Court that he had been in attendance at the demonstrations on both evenings, for approximately 30 minutes the first evening and one hour the second evening contending however, that he was merely a spectator on each occasion. Plaintiff Esteban stated to the Court that he called the resient assistant (vulgar names, here deleted) after he had given Esteban's name to Dr. Meverden.

On the basis of the voluntary statements made by the...

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38 practice notes
  • 291 F.Supp. 161 (W.D.Mo. 1968), 1259, Scoggin v. Lincoln University
    • United States
    • Federal Cases United States District Courts 8th Circuit Western District of Missouri
    • September 19, 1968
    ...Cir. 1961) 294 F.2d 150, cert. den. 368 U.S. 930, 82 S.Ct. 368, 7 L.Ed.2d 193; Esteban v. Central Missouri State College (W.D.Mo.1967) 277 F.Supp. 649. The General Order recognized that the requirements of due process do not demand an inflexible procedure for all student discipline cases. I......
  • 263 A.2d 180 (N.J.Super.Ch. 1970), R. R. v. Board of Ed. of Shore Regional High School Dist.
    • United States
    • New Jersey Superior Court of New Jersey
    • February 27, 1970
    ...284 F.Supp. 725 (M.D.Ala.1968); Schiff v. Hannah, 282 F.Supp. 381 (W.D.Mich.1966) (en banc); Esteban v. Central Mo. State College, 277 F.Supp. 649 (W.D.Mo.1967); Knight v. State Bd. of Educ., 200 F.Supp. 174 (M.D.Tenn.1961); Annotation, 'Right of student to hearing on charges before [109 N.......
  • 307 F.Supp. 1328 (S.D.Tex. 1969), Civ. A. 69-H-266, Sullivan v. Houston Independent School Dist.
    • United States
    • Federal Cases United States District Courts 5th Circuit Southern District of Texas
    • November 17, 1969
    ...158-159. See Kelley v. Metropolitan County Bd. of Education, 293 F.Supp. 485 (M.D.Tenn.1968); Esteban v. Central Missouri State College, 277 F.Supp. 649 (W.D.Mo.1967); Knight v. State Bd. of Education, 200 F.Supp. 174 (M.D.Tenn.1961) Page 1343 General Order on Student Discipline, 45 F.R.D. ......
  • 874 S.W.2d 839 (Tex.App. - Houston [1 Dist.] 1994), 01-93-00199, University of Texas Medical School at Houston v. Than
    • United States
    • Texas Court of Appeals of Texas
    • April 7, 1994
    ...at 436 (Dunn, J., dissenting). [2] As we observed in Sabeti, 676 S.W.2d at 688, one case, Esteban v. Central Missouri State College, 277 F.Supp. 649, 651-52 (W.D.Mo.1967), aff'd, 415 F.2d 1077 (8th Cir.1969), held that due process requires that counsel be present to advise a student at a he......
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38 cases
  • 291 F.Supp. 161 (W.D.Mo. 1968), 1259, Scoggin v. Lincoln University
    • United States
    • Federal Cases United States District Courts 8th Circuit Western District of Missouri
    • September 19, 1968
    ...Cir. 1961) 294 F.2d 150, cert. den. 368 U.S. 930, 82 S.Ct. 368, 7 L.Ed.2d 193; Esteban v. Central Missouri State College (W.D.Mo.1967) 277 F.Supp. 649. The General Order recognized that the requirements of due process do not demand an inflexible procedure for all student discipline cases. I......
  • 263 A.2d 180 (N.J.Super.Ch. 1970), R. R. v. Board of Ed. of Shore Regional High School Dist.
    • United States
    • New Jersey Superior Court of New Jersey
    • February 27, 1970
    ...284 F.Supp. 725 (M.D.Ala.1968); Schiff v. Hannah, 282 F.Supp. 381 (W.D.Mich.1966) (en banc); Esteban v. Central Mo. State College, 277 F.Supp. 649 (W.D.Mo.1967); Knight v. State Bd. of Educ., 200 F.Supp. 174 (M.D.Tenn.1961); Annotation, 'Right of student to hearing on charges before [109 N.......
  • 307 F.Supp. 1328 (S.D.Tex. 1969), Civ. A. 69-H-266, Sullivan v. Houston Independent School Dist.
    • United States
    • Federal Cases United States District Courts 5th Circuit Southern District of Texas
    • November 17, 1969
    ...158-159. See Kelley v. Metropolitan County Bd. of Education, 293 F.Supp. 485 (M.D.Tenn.1968); Esteban v. Central Missouri State College, 277 F.Supp. 649 (W.D.Mo.1967); Knight v. State Bd. of Education, 200 F.Supp. 174 (M.D.Tenn.1961) Page 1343 General Order on Student Discipline, 45 F.R.D. ......
  • 874 S.W.2d 839 (Tex.App. - Houston [1 Dist.] 1994), 01-93-00199, University of Texas Medical School at Houston v. Than
    • United States
    • Texas Court of Appeals of Texas
    • April 7, 1994
    ...at 436 (Dunn, J., dissenting). [2] As we observed in Sabeti, 676 S.W.2d at 688, one case, Esteban v. Central Missouri State College, 277 F.Supp. 649, 651-52 (W.D.Mo.1967), aff'd, 415 F.2d 1077 (8th Cir.1969), held that due process requires that counsel be present to advise a student at a he......
  • Request a trial to view additional results