Fuller v. Decatur Public School

251 F.3d 662 (7th Cir. 2001) ; Clearinghouse Number: 53837

Description

Seventh Circuit Concludes That School Rule Prohibiting “Ganglike Activity” and Specifying Covered Conduct Is Constitutional

Abstract

Affirming the district court’s decision, the Seventh Circuit concluded that a school disciplinary rule prohibiting “ganglike activity” and delineating specific conduct covered by the rule could withstand a constitutional challenge. Plaintiff-appellants—six students who were members of rival street gangs—had a violent fight in the bleachers at a high school football game. After separate hearings, students were found to have violated rule 10, which prohibited “ganglike activities,” and expelled from school for two years; these expulsions were later shortened and students were allowed to attend an alternative education program immediately. Students brought a Section 1983 action against defendant-appellee school district. They alleged that their constitutional rights were violated because rule 10 was void for vagueness. At trial, the court ruled for school district. On appeal, students sought a ruling that the prohibition against “ganglike activity” was facially unconstitutional because it lacked clear definitions of what conduct was prohibited. The rule defined “ganglike activity” as conduct engaged in “on behalf of any gang,” “to perpetuate the existence of any gang,” “to effect the common purpose” of a gang, or “to represent a gang affiliation, loyalty or membership,” and the court found that fighting in support of one’s gang fell under more than one of these definitions. Finding it doubtful that rule 10 proscribed behavior that was protected under any constitutional provision and that the rule was not unconstitutional as applied to students, the court concluded that no facial challenge could be made to rule 10. Because rule 10 was not a criminal law but merely a school disciplinary rule, it did not need to be as detailed as a criminal code that imposed criminal sanctions.

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Attorney Information
Docket Date
2001-05-24 00:00:00+00:00

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