Legal Opinion · Dissent
Spangler ex rel. Spangler v. Pasadena City Board of Education
Court of Appeals for the Ninth Circuit
Decided May 25, 1976No. Nos. 74-2530, 75-1714Published
1DissentWallace, Circuit Judge
I respectfully dissent. I conclude that the district court was without jurisdiction. Johnson, a taxpayer and a father of two black students in Pasadena, was the sole moving party. However interested he may be, as a taxpayer and a father, in the enforcement of the district court’s desegregation order, he lacks the requisite standing for prosecuting the contempt action.
The district court found Pasadena to be in civil contempt. Spangler v. Pasadena City Board of Education, 384 F.Supp. 846, 851 (C.D.Cal.1974) (Spangler II). Only the real parties in interest may institute a civil contempt action;…
2Cases cited51 opinions
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- Tinker v. Des Moines Independent Community School DistrictSupreme Court of the United States · 1969
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