Legal Opinion
Lee Pervis, by His Next Friend Mrs. Elvin Pervis v. Lamarque Independent School District
Court of Appeals for the Fifth Circuit
Decided September 19, 1972No. 71-3434PublishedCited by 29 opinions
1Opinion of the Court
RIVES, Circuit Judge:
Again we are asked to intervene in a school discipline case. Two issues are presented on appeal: Whether a three-judge district court is required to hear appellants’ cause; and whether procedural due process is satisfied when students who have been suspended from February to the end of the term are not given a hearing until early May. We agree with the district court, 328 F. Supp. 638, that no three-judge court was required. However, we reverse the decision below, holding that the subsequent hearing does not cure the initial lack of due process.
During the 1970-71 school…
2Cases cited12 opinions
- Samuel Bailey v. Joe T. PattersonSupreme Court of the United States · 1962
- Ex Parte PoreskySupreme Court of the United States · 1933
- St. John Dixon v. Alabama State Board of EducationCourt of Appeals for the Fifth Circuit · 1961
- Phillips v. United StatesSupreme Court of the United States · 1941
- Ex Parte BransfordSupreme Court of the United States · 1940
7 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
- Goss v. LopezSupreme Court of the United States · 1975
- Chuck Keough v. Tate County Board of EducationCourt of Appeals for the Fifth Circuit · 1984
- The Black Coalition, an Unincorporated Association, and Cross-Appellees v. Portland School District No. 1, and Cross-AppellantsCourt of Appeals for the Ninth Circuit · 1973
- Joseph Murray, Jr., a Minor by Joseph Murray, Sr., His Guardian v. West Baton Rouge Parish School BoardCourt of Appeals for the Fifth Circuit · 1973
24 more not listed; retrieve them via the Exa API.