Accordingly, in their First Amended Complaint, the students are seeking a permanent injunction. OF EDUC. Rule 65(a) (2) of the Federal Rules of Civil Procedure allows a judge to consolidate the hearing of a motion for a preliminary injunction with the trial on the merits if the parties consent. Both Perkins and Robinson voted against the expulsion of the students on November 8. Case Number: 00-1233 Judge: Evans Court: United States Court of Appeals for the Seventh Circuit Plaintiff's Attorney: Ralph E. Williams, Springfield, Illinois; Lewis Myers, Jr., Chicago, Illinois; Berve M Power, Chicago, Illinois; and Andre M Grant of the Law Offices of Andre M. Grant, Chicago, Illinois The court determined in that case, where the expelled student did not engage in any kind of violent activity, that the district court did not adequately consider the potential harm to the Board's authority to take disciplinary action for what it believed to be a serious threat to school property. Roosevelt Fuller (Fuller) and Errol Bond (Bond) were students at Stephen Decatur High School; Gregory Howell (Howell) and Shawn Honorable (Honorable) were students at Eisenhower High School; and Terence Jarrett (Jarrett) and Courtney Carson (Carson) were students at MacArthur High School. Arndt testified that no other fight listed in the Summary even came close to the magnitude of the September 17, 1999, fight. These gangs are well-known in the Seventh Circuit, as many of our opinions, see United States v. Hoover, 246 F.3d 1054 (7th Cir.2001) (The Gangster Disciples, a large and vicious street gang), and Goka v. Bobbitt, 862 F.2d 646 (7th Cir.1988) (The Notorious Vice Lords), for example, discuss their activities. Fuller v. Decatur Public School Board of Education School District 61 2001). Fuller and Howell have now graduated from high school. Stephenson, 110 F.3d at 1305. Linwood, 463 F.2d at 770. Dunn, 158 F.3d at 965. No. Designed by chaplains, Fuller's newest degree is a 2-year program offering holistic training for those called to provide spiritual care outside of traditional church settings. That evening, the School Board had a special emergency meeting to reconsider the length of the expulsion imposed on the students. For a number of reasons, we conclude that no facial challenge can be made to rule 10. Because of the efforts of the Rainbow/PUSH Coalition and the intervention of Governor George Ryan, the School Board reconsidered its decision and reduced the expulsions of the five students from two calendar years to the balance of the 1999-2000 school year. The School Board reviewed Dr. Cooprider's Reports regarding Bond, Carson and Honorable. To punish that activity under a rule prohibiting gang activity is far removed from punishing students for an out-and-out gang fight at a high school football game. This court concludes that its inquiry and final decision in this case must be based upon the School Board's action on November 8, 1999, when the expulsions of the five students were reduced to a period of approximately eight months and the students were given the opportunity to enroll in an alternative education program. The length of these expulsions ranged from a period to five months to a period of one year, three months. 1186. The Seventh Circuit has determined that an expulsion hearing "need not take the form of a judicial or 47 Citing Cases From Casetext: Smarter Legal Research Linwood v. Bd. In fact, the law is clear that a claim of racial discrimination and violation of equal protection cannot be based upon mere statistics standing alone. Fuller, Honorable, and Carson did not attend their hearings, and no one attended on their behalf. Jarrett and *818 his mother, Marilyn Jarrett, attended his hearing. 1972), cert. Decided: May 24, 2001 Before RIPPLE, KANNE, and EVANS, Circuit Judges. Delphine Bond Kendrex (Ms. Kendrex), Bond's mother, testified that she spoke to Elmer McPherson (McPherson), assistant superintendent for the District, on September *823 27, 1999, prior to the date of the hearing set for Bond. The outcome was a student filed suit, Fuller versus Decatur Public School Board of Education School District 61. The court notes that the form signed by Ms. Howell and her son on October 4, 1999, included a hand-written notation that "The Board of Education is being requested not to take action on expulsion since this is a voluntary withdrawal." On September 17, 1999, a violent fight broke out in the bleachers at a high school football game in Decatur, Illinois, leaving spectators scrambling to escape the melee. Accordingly, a challenge to a school disciplinary policy fails unless the policy is "wholly arbitrary." Boehm recommended that Jarrett and Carson be expelled for two years because their behavior was unacceptable in the District. DIST. Justice Stevens, joined by Justices Souter and Ginsburg, recognized that the ordinance did not have a sufficiently substantial impact on conduct protected by the First Amendment to subject it to a facial overbreadth challenge. Perkins said that, at the October 1, 1999, School Board meeting, several members of the School Board indicated they believed the students were involved in gang activity based upon information received from law enforcement authorities. Consequently, this court concludes that Howell lacks standing to be a Plaintiff in this case. Notably, also, the prison regulation in Rios was found unconstitutional, not on its face, but only as applied to the inmate. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Devin Lewis Fuller (born January 24, 1994) is an American former professional football player who was a wide receiver with the Atlanta Falcons in the National Football League (NFL). At trial, Ms. Howell testified that she went to Eisenhower High School on Saturday, September 25, 1999, to pick up the letter from Arndt which included the notice of Howell's hearing before Dr. Cooprider. . The court concluded that the regulation prohibiting gang symbols was constitutionally infirm because it failed to provide adequate notice of the prohibited conduct. It showed participants punching and kicking each other without concern for the safety of others in the stands. Scoville v. Board of Education (1970) Freedom of Speech includes the right to criticize and protest school policies in Teachers' Responsibilities are (3) 1. Defendants objected to the students calling as an expert witness Dr. Walter Amprey (Dr. Amprey), the former superintendent of the Baltimore, Maryland, *820 public schools. Accordingly, in each Report, Dr. Cooprider recommended that the student be expelled for two years. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. In Goss v. Lopez,419 U.S. 565, 574, 95 S. Ct. 729, 42 L. Ed. The defendants argue that Howell lacks standing, the request for expungement is inappropriately presented for the first time on appeal, and the case is moot because the rule has been changed and the expulsions are over. In addition, Ms. Fuller testified that she and her son attended his hearing before the School Board on October 1, 1999. Bd. Zero Tolerance ~ January 11, 2000 On August 25, 1998, the School Board adapted a "no-tolerance position on school violence" The ruled the fight as a continuation of an incident that occurred on September 3, 1999 (gang related) Fuller v. Decatur Public School Board of Education School District 61 Gary B. v. Snyder Gebardi v. United States .. 115-17, 122 . During cross examination, Ms. Fuller further explained that she did not attend the hearing because she "had planned on just withdrawing him like Mrs. Howell and just letting him go to Springfield." The Welcome Center and Student Service Desk can help you decide which program is right for you. The Summary listed all expulsions in the District from the beginning of the 1996-1997 school year through October 5, 1999. On November 22, 1999, a hearing was held in this case, and the students requested additional time to file an amended complaint. It is with this limited role in mind that this court reviews each of the students' claims. Perkins said that he "more often than not" followed the recommendation of the hearing officer regarding expulsions. Although we agree that Howell lacks standing, we are not convinced that the other students' request for declaratory relief is moot. He was sitting near the top of the east bleachers when he observed the fight going on below him. The email address cannot be subscribed. The court observed the testimony of both Hunt and Byrkit and finds them to be credible witnesses. It is doubtful whether rule 10 proscribes behavior which is protected under any constitutional provision. [1] In Stephenson, a high school student was required to remove a small cross tattooed on her hand because school administrators considered it a "gang symbol." Nevertheless, the students have persistently claimed in their pleadings that this case involves a two-year expulsion. at 444-45. Fuller v. Decatur Public School Bd. Because the period of expulsion has ended, the students recognize that any remedy is necessarily limited, but they seek an order sending the case back to the district court for a determination whether expungement of the disciplinary records is an appropriate remedy. ", Third, this court concludes that the students completely failed to establish that the School Board had a "zero tolerance policy." Issues: Laws: Cases: Pro: Again, because of his withdrawal from school, no action was taken regarding Howell. The students appeal. 393 U.S. 503 - TINKER v. DES MOINES SCHOOL DIST., Supreme Court of United States. As we stated, the students lost at trial. Fuller v. DECATUR PUBLIC SCHOOL BD. No. Dunn, 158 F.3d at 966. In a separate vote, the School Board also voted to expel Jarrett for two years. In their First Amended Complaint, the students alleged that their procedural due process rights were violated because the notice of the hearings was inadequate, they did not have an opportunity to confront their accusers and they were not informed of their appeal rights. Nor was evidence presented denying that the conduct of the students in this case endangered the well-being of fellow students, teachers or other school employees. Because of the violent nature of the fight, a portion of which was captured on videotape, approximately one-half of the spectators in the bleachers scattered and left the stands to avoid confrontation and possible injury. Please prove that you're human. of Greenfield, 134 F.3d 821, 827 (7th Cir. The students argue that the phrase gang-like activity is unconstitutionally vague on its face. He is currently one of the hearing officers under contract to conduct expulsion hearings for the District. The court's finding must be based upon the solid foundation of evidence and the law that applies to this case. Tinker v. Des Moines (1969) . 403 v. *827 Fraser,478 U.S. 675, 686, 106 S. Ct. 3159, 92 L. Ed. Consequently, before engaging in any analysis of the facial validity of Rule 10, this court must determine whether the students' conduct clearly violated the rule in question. Howell, his mother, and Dr. Jeanelle Norman appeared and asked that Howell be allowed to with draw from school rather than having the disciplinary hearing. Moreover, Ms. Howell and her son participated in the hearing extensively, asking many questions of the District's witnesses and presenting their own witnesses. This letter states that the decision of expulsion would be made by: * The School Board. On October 1, 1999, the School Board held a special meeting to consider the expulsions of Fuller and Jarrett. 2d 67 (1999), the students contend that Rule 10 has serious constitutional deficiencies and is fatally vague on its face. In fact, information regarding the race of a student never appeared on the hearing officers' reports nor was the School Board ever advised of the race of any student facing expulsion. 2d 731 (1969)). The evidence at trial showed that African American students comprise approximately 46-48% of the student body in the District. Perkins candidly admitted that he could not testify that race was "an issue in the decision to expel" the students in this case. See Fraser, 478 U.S. at 686, 106 S. Ct. 3159; Stephenson, 110 F.3d at 1308. Weaponless school violence, due process, and the law of student suspensions and expulsions: An examination of Fuller v. Decatur Public School Board of Education School District. Again, the court agrees. Perkins said he did not "spend a lot of time thinking about resolutions." Fans were jumping over the railing, trying to get onto the track which surrounds the football field, to escape the fight. The students alleged that the District has maintained a policy and practice of arbitrary and disparate expulsions with regard to African-American students. Kadrmas v. Dickinson Public Schools Kelley v. Chicago Park District Kelo v. City of New London . Dist. Listed below are the cases that are cited in this Featured Case. v. Chesapeake Public Schools 74 Bundick v. Bay City Independent School District . Morales,527 U.S. 41, 119 S. Ct. 1849, 1863, 144 L. Ed. Copyright 2023, Thomson Reuters. Dunn, 158 F.3d at 966. & L.J. See Powell v. McCormack, 395 U.S. 486, 89 S.Ct. Arndt testified that racial information was not included in the Summary because the School Board did not request it. High Sch. Most public schools are open to anystudent who lives within the geographic area. Find Fuller Elementary test scores, student-teacher ratio, parent reviews and teacher stats. An Examination of Fuller v. Decatur Public School Board of Education School District, 22 B.Y.U. The students have also alleged racial discrimination and a violation of their equal protection rights. 159, 198 (2001). Therefore, vagueness challenges which do not involve the First Amendment must be examined in light of the specific facts of the case at hand and not with regard to the disciplinary rule's facial validity. Utilizing Sykes' "pains of imprisonment" to examine deprivations in America's public schools. On October 4, 1999, the School Board held a special meeting to consider Dr. Cooprider's expulsion recommendation regarding Howell, Bond, Carson and Honorable. Then later, when a careful investigation reveals that the fight was between well-known rival street gangs, it is reasonable for school officials to see the fight as gang-like activity. 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