# Appendix — Smith v. Sowers > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385017_0883%3A2 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1989 - **Citation:** 490 U.S. 1002 ## Text en a ee oT }F yl yL |) F6B 124 gyre IN THE SUPREME Coyrt™ aoe OF THE UNITED STATES No. October Term, 1988 FREDERICK SMITH, in his individual and official capacity as Principal Bradford Area High School; RICHARD MILLER, in his individual and official capacity as assistant principal of the Bradford High School; and FREDERICK SHUEY, in his individual and official capacity as Superintendent of the Bradford Area School District Petitioners vs ; JUDY GROVE SOWERS Respondent On Writ of Certiorari to the United States Court of Appeals for the Third Circuit ~ APPENDIX TO PETITION FOR WRIT OF CERTIORARI Kenneth D. Chestek Murphy, Taylor, Trout & Chestek, P.C. 518 State Street Erie, Pennsylvania 16501 (814) 459-0234 James F. Israel Israel and Wood, P.C. Suite 501 Grant Building Pittsburgh, Pa. 15219 (412) 391-1114 Attorneys for Petitioners ; 7 IF TABLE OF CONTENTS . Judgment Order United States Court of Appeals for the Third Cir- cuit, No. 88-3640, January 31, 1989 ....... 1 . Opinion and Order United States District Court for the Western District of Pennsylvania. .». 88-57 Erie, August 29, 1988 7 . Complaint Sowers v. Bradford Area School District et al., No. Geo? Eric, Pemrwety 17, 1908 .. 2. aes 47 . Motion to Dismiss Sowers v. Bradford Area School District et al., No. es Eee, PRONE Ba, NOD ese kes wre eee ee 63 . Excerpts of Transcript of Judy Grove Sowers .. 69 A. Judgment Order United States Court of Appeals for the Third Circuit No. 88-3640 January 31, 1989 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 88-3640 JUDY GROVE SOWERS v. BRADFORD AREA SCHOOL DISTRICT; FREDERICK SMITH, in his individual and official capacity as Principal of the Bradford Area High School; RICHARD MILLER, in his individual and official capacity as Assistant Principal of the Bradford Area High School; and FREDERICK SHUEY, in his individual and official capacity as Superintendent of the Bradford Area School District, Frederick Smith, Richard Miller and Frederick Shuey, Appellants On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. Civil No. 88-00057 E) District Judge: Honorable Glenn E. Mencer Submitted under Third Circuit Rule 12 (6) January 26, 1989 © . oa real | , Ww w Ww Owers, Colleen ticDonalo Depositions of Judy Grove toneking taken at the w Becin, Kathy Rodgers and Kathy offices of Quinn, Gent. Suseck and Leemhuis, Inc... 1400 G. Daniel Baldwin Building, Erie, Pennsylvania on Friday, september 12, 1986 beginnina at 9:00 a.m. before Mary F. Hines, court reporter. Appearec on behalr of the Plaintifts - , ~ Sea J. McLauqchlin, Esquire Ane _ ) = r —. = Apveéerec on Denalt or the VDetendcants / s~ c nr ar ~ oc” ~~ : pames OD. McDonalc. Jr.. ESQuire C | - : Kenneth 0. Chestek,. € uire ee ‘ RS oi SS e MOSANTIA 2 rLCOwERS 71 gisine what Hatzvcenec. ile cc neeg tO nnsw tne ~actc. SR. NeLACSHLIN: Juay.e vou'll save to--I saree witn 'c. NcDonalc. you nave an owlication to testify. so co tne oest you can. ‘de Let me ask you some oreliminacy guestions. You've indicated that the first incivent occurred. or 2a incigent occurred on June 16. 1979. You've inoicateo tnac this was after the conclusion of school. is that ricnt? After scnool let out for the year? A. Yes. De where cia the incident occur? A. At his house. mf 0. All riant. and where was his house at that time? A. North Center Street. GC. Was there anyone else there that you know ot other than you and he? arternoon So yOu remember whether it was morninca, Or eveninc? | A. No. | Q. Do you remember what day or the weex June ivtn was? A. Saturcay. QO. DO you remember what time ot the day you arrived SowESSs Ov. Afternoon. Je Do you remember wnece ycu nhac been pricr to comina to his house, going to his house? A. ty sistec’'s wecdinc. Q. Had he attended the wedding. as well? A. No. | 0. whose idea was it for you to go to nis nouse? | Yours or his? A. Mine. 0. Okaye what was the purpose of coing to his hone? A. To pick up a tave of our marching music. I1 was section leader and I was to learn the music. Qo. Was there any prearcangement that you would pick it up,- not necessarily that day. but at any time? A. No, I was going away the next day fairly early for two weeks, and the day I came back was the day band Dractice was supposed to start. | | 0. ~ How do you know this was June 16, 1979? | A. Because that's the cay my sister marcriec. | | Cc. You relate it to the wedcing date, so you're | | solid on at least the day that it occurred? A. Yes. | Q. liad you participatec in the weading ceception befere goinc? A. Yes. | | ; ' ~7;™ e out how well the pest of went to tne A. tape 2a tape. So I sat dow and he was m Judy. Did y A. coming. QO. tape? SCwErs dad you been crinkinc: Yes. Okay. My only purpose in asSkina that is to find you recall what went on after that. What. an your cecollection, happened trom the time you door until the time you left there? I know he was preparing a tape. preparing to It was my understanding it was already made. n and the only tnina I remember was waking up ore or less--, Let me ask some other questions for a moment, ou tell him why you were there? He knew, yes. How did he know? I called him before I left. He knew I was Before you left the wedding reception? My house, Would that have beer before or after the weacinea After the wedding reception. Had you adviseo his that you wanted to pick up a — roi ee ee ee 2 ime p=) PD yb r? -- oo oO — TT IAaV + aab ; ce -i + a. eve > aS5i os pess nto. I ic - eer i? > ~ ¥ = ¢ ,er vel rr. « . Yir — . > ae ye . t , uc wf --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385017_0883%3A2. Public record. Not legal advice.