Bahr v. Jenkins

BERTELSMAN, District Judge.

Introduction

Some explanation is due the reader for the informality of the following opinion, which apparently concerns an issue of first impression. Because an immediate decision was required it had to be delivered orally, before the plaintiff’s suspension expired, and edited for inclusion in the record and publication later.

Essentially, the facts are that on a spring day at the Dixie Heights High School in Kenton County, Kentucky, the work of the school was disrupted by numerous miscreant students setting off “party poppers,” a type of small legal firecracker.…