594 F.2d 699 (8th Cir. 1979), 78-1693, Dillon v. Pulaski County Special School Dist.

Docket Nº:78-1693.
Citation:594 F.2d 699
Party Name:Leonard DILLON, by his father and next friend, D. E. Dillon, Appellee, v. PULASKI COUNTY SPECIAL SCHOOL DISTRICT, Dr. Winston Simpson, Lester Hosto, Mrs. Shirley Lowery, Ed Coffman, Hosea Harrington, J. A. Fair, Jr., Ernest Faucett, Bob Moore, Don E. Elkins, Appellants.
Case Date:March 20, 1979
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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Page 699

594 F.2d 699 (8th Cir. 1979)

Leonard DILLON, by his father and next friend, D. E. Dillon, Appellee,

v.

PULASKI COUNTY SPECIAL SCHOOL DISTRICT, Dr. Winston Simpson,

Lester Hosto, Mrs. Shirley Lowery, Ed Coffman,

Hosea Harrington, J. A. Fair, Jr.,

Ernest Faucett, Bob Moore, Don

E. Elkins, Appellants.

No. 78-1693.

United States Court of Appeals, Eighth Circuit

March 20, 1979

Submitted Feb. 15, 1979.

Page 700

Henry J. Osterloh, Little Rock, Ark., for appellant; John I. Purtle, Little Rock, Ark., on the brief. Osterloh also made rebuttal.

William P. Dougherty, Jacksonville, Ark., for appellee.

Before HEANEY and McMILLIAN, Circuit Judges, and BENSON, [*] Chief Judge.

PER CURIAM.

Leonard Dillon, a North Pulaski High School student, was expelled from school after a teacher found him kissing a girl in the hallway and after he allegedly remarked "what a drag" in a defiant manner when told to stop. School officials found, after a hearing, that Dillon's conduct violated school rules which prohibit the public display of affection on school grounds, and which require students to comply with the reasonable commands of teachers. After his expulsion, Dillon brought an action pursuant to 42 U.S.C. § 1983 in federal District Court, claiming denial of substantive and procedural due process in violation of the Fourteenth Amendment. The Honorable Elsijane T. Roy, United States District Judge for the Eastern District of Arkansas, held that, under the circumstances of the case, Dillon was denied procedural due process of law by the refusal of school officials to allow him to call the accusing teacher as a witness during his expulsion hearing, in order to help resolve disputed issues of fact. Judge Roy ordered Dillon's reinstatement, required the expungement of material relating to the expulsion from Dillon's school records, and awarded him nominal damages of one dollar. Officials of the Pulaski County Special School District appeal.

We have carefully reviewed the briefs and the record and affirm on the basis of Judge Roy's opinion. Leonard Dillon v. Pulaski County Special School District, et al., No. LR-C-78-59 (E.D.Ark., Aug. 15, 1978).

BENSON, Chief District Judge, concurring.

I concur with the result. It is my understanding that this Court's holding that the appellee student had a procedural due process right to cross-examine...

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