# Heimberger v. School District of Saginaw

> Court of Appeals for the Sixth Circuit · July 27, 1989 · 881 F.2d 242

URL: https://www.frixlaw.com/law-library/cases/8972127

## Case

- **Full name:** Daniel HEIMBERGER, Matthew Heimberger, Harley Anderson, by and through their mothers individually and on behalf of all other persons similarly situated v. The SCHOOL DISTRICT OF the CITY OF SAGINAW, Gary D. Hawks, individually and in his capacity as Interim Superintendent of the State Board of Education
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** July 27, 1989
- **Citations:** 881 F.2d 242; 1989 WL 82359
- **Precedential status:** Published
- **Opinion:** Concurrence by Wellford
- **Judges:** Brown, Krupansky, Wellford
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8972127

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8972127. Public record. Not legal advice.