Opinion

Heimberger v. School District of Saginaw

  • 881 F.2d 242
  • 1989 WL 82359
Court
Court of Appeals for the Sixth Circuit
Filed
Jul 27, 1989
Status
Published
Author
Wellford
On the bench
Brown, Krupansky, Wellford
Cited by
3 cases
Authority
More cited than 19.8%

The opinion

WELLFORD, Circuit Judge,

concurring:

I concur in Judge Brown’s opinion. Clearly, neither Matthew Heimberger nor Harley Anderson nor their parents have standing in this case to seek equitable relief that would apply to a school they no longer attend. Their claims are moot and were at the time of class certification.

I would also concur that Daniel Heimber-ger has no basis to contest the controverted policy of suspension when he concedes that defendants may lawfully and properly suspend students for activities similar to those involved in the questioned disciplinary plan, if applicable to him, for an entire day, not just for a lunch period.

I would further hold that in the posture of the case, as presented to us, it is one not “fit” or “ripe” for adjudication. See City of Los Angeles v. Lyons, 461 U.S. 95 , 103 S.Ct. 1660 , 75 L.Ed.2d 675 (1983); Newsome v. Batavia Local School Dist., 842 F.2d 920 (6th Cir.1988); Allstate Insurance Co. v. Wayne County, 760 F.2d 689, 696 (6th Cir.1985).

I would therefore concur in the reversal and dismissal of this case under its unusual circumstances.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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