(Download) "Newsome v. Batavia Local School District" by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Newsome v. Batavia Local School District
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 30, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
This is an appeal from an order of the District Court for the Southern District of Ohio denying plaintiff-appellant Arthur Newsomes motion for a temporary restraining order and a preliminary injunction and dismissing his entire case on the merits. On appeal, Newsome argues that the district court erred in holding that the procedures employed by the defendant-appellee Batavia School District in expelling him from school did not violate his right to procedural due process of law under the fourteenth amendment. The procedural defects alleged by Newsome involve the denial of his request to cross-examine the witnesses against him, the denial of his right to an impartial tribunal, and the consideration, by that tribunal, of evidence not made available to Newsome. We determine, in the first instance, that Newsome lacks standing for some of the relief he seeks. On the merits, we conclude that, while Newsomes right to procedural due process was not violated by the school districts denial of his request to cross-examine the witnesses against him nor by the composition of the hearing panel, Newsome was deprived of due process by the panels consideration of evidence of which he was not apprised.