Legal Opinion

Peloza v. Capistrano Unified School District

Court of Appeals for the Ninth Circuit

Decided October 4, 1994No. Nos. 92-55228, 92-55644PublishedCited by 11 opinions

1Opinion of the Court

Per Curiam; Partial Concurrence and Partial Dissent by Judge POOLE.

2Per curiam

John E. Peloza is a high school biology teacher. He sued the Capistrano Unified School District and various individuals connected with the school district under 42 U.S.C. § 1983. He alleges in his complaint that the school district requires him to teach “evolutionism” and that evolutionism is a religious belief system. He alleges this requirement violates his rights under the (1) Free Speech Clause of the First Amendment; (2) Establishment Clause of the First Amendment; (3) Due Process Clause of the Fourteenth Amendment; and…

3Cases cited30 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Lujan v. National Wildlife FederationSupreme Court of the United States · 1990
  3. Paul v. DavisSupreme Court of the United States · 1976
  4. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  5. Tinker v. Des Moines Independent Community School DistrictSupreme Court of the United States · 1969

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4Cited by11 opinions

  1. Dan Marchi v. Board of Cooperative Educational Services of Albany, Schoharie, Schenectady, and Saratoga CountiesCourt of Appeals for the Second Circuit · 1999
  2. Wyler Summit Partnership v. Turner Broadcasting System, Inc.Court of Appeals for the Ninth Circuit · 1998
  3. Downing v. West Haven Board of Ed.District Court, D. Connecticut · 2001
  4. Grossman v. South Shore Public School DistrictCourt of Appeals for the Seventh Circuit · 2007
  5. Marc Veasey v. Greg AbbottCourt of Appeals for the Fifth Circuit · 2016

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