Genosick v. Richmond Unified School District
Citation | 479 F.2d 482 |
Decision Date | 18 May 1973 |
Docket Number | No. 71-1456.,71-1456. |
Parties | Louise GENOSICK, Individually, and as Guardian ad litem for Roger Genosick, a minor, Individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. RICHMOND UNIFIED SCHOOL DISTRICT et al., Defendants-Appellants. |
Court | U.S. Court of Appeals — Ninth Circuit |
Silvano Marchesi, Deputy County Counsel (argued), John B. Clausen, County Counsel, Arthur W. Walenta, Jr., Deputy County Counsel, Martinez, Cal., for defendants-appellants.
Peter E. Sherhan (argued), Paul Halvonik, Chas. C. Marson, San Francisco, Cal., Ramsey & Rosenthal, Point Richmond, Cal., for plaintiffs-appellees.
Before GOODWIN and WALLACE, Circuit Judges, and CURTIS,* District Judge.
This is an appeal from two orders of the district court, one being an order denying appellants' motion to dismiss upon the grounds that the complaint fails to state facts upon which relief can be granted, and a second order issuing a preliminary injunction.
Jurisdiction is conferred on this court by Title 28 U.S.C. § 1292, which makes interlocutory orders issuing preliminary injunctions appealable. It is also established that an appeal from an order granting preliminary injunction supports a review of an order denying a motion to dismiss, even though standing alone the latter would not be appealable. 9 Moore Fed.Practice section 110.25 1; Gatliff Coal Company v. Cox, 142 F.2d 876 (6th Cir. 1944); Zwack v. Kraus Bros. & Co., 237 F.2d 255 (2nd Cir. 1956).
The appellees, a minor child and his mother, brought this action against the appellants, Richmond Unified School District, its superintendent and an assistant superintendent, contending that the district in which the child was a pupil had instituted a policy which violated the students' First Amendment rights.
It appears from the record that the district assistant superintendent circulated a memorandum dealing with the wearing of pants suits by female staff and the displaying of ecology symbols. The memorandum read in part:
The appellees alleged that because of the issuance of this memorandum, they are in "immediate peril of intimidation, threat, harassment, discrimination, and interference with their First Amendment rights of free speech, and Fourteenth Amendment rights of equal protection."
Immediately after filing the complaint a second memorandum was issued to the elementary principals, reading as follows:
Thereafter, the assistant superintendent filed herein an affidavit in opposition to the ...
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