Massengill v. Board of Education, Antioch Community High School

88 F.R.D. 181, 31 Fed. R. Serv. 2d 334, 1980 U.S. Dist. LEXIS 14614
CourtDistrict Court, N.D. Illinois
DecidedSeptember 24, 1980
DocketNo. 79 C 319
StatusPublished
Cited by14 cases

This text of 88 F.R.D. 181 (Massengill v. Board of Education, Antioch Community High School) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Massengill v. Board of Education, Antioch Community High School, 88 F.R.D. 181, 31 Fed. R. Serv. 2d 334, 1980 U.S. Dist. LEXIS 14614 (N.D. Ill. 1980).

Opinion

MEMORANDUM OPINION AND ORDER

CROWLEY, District Judge.

This action was brought seeking a determination that the suspension and expulsion policies of Antioch Community High School deprive students of their due process rights to receive adequate notice and hearing. Plaintiffs have moved to certify a class pursuant to Rule 23(a) and (b) of the Federal Rules of Civil Procedure. Plaintiff, a high school student, requests certification of a class composed of all high school students subject to the disciplinary rules of Antioch Community High School (ACHS) during the 1978-79 school year. He also requests certification of a subclass consisting of those students punished for truancy during the same year. Jurisdiction is invoked under 28 U.S.C. § 1343(3).

David Massengill has a history of misbehavior at Antioch Community High School. In his first year, 1977-78, he failed to attend registration and received a failing grade for the first semester because of continued unexeused absences. He started his second year, 1978-79, on probationary status. He again missed registration and was repeatedly absent from school. The school according to its rules1 disciplined David by requiring him to attend Supervised Quiet Study Hall or by suspension.

David’s mother, Rosa Massengill, was aware of her son’s continued absences from school. However, she took no action until threatened with a fine for her son’s truancy. During the 1978-79 school year, the school sent many letters to Mrs. Massengill concerning her son’s behavior and suspensions. She was requested to contact the school for a conference. She failed to take any action in response to most of the letters, despite the fact that suspension would continue until a conference was arranged.2

In December, 1978, David committed an insubordinate act3 for which he was suspended. Mrs. Massengill was again notified of the suspension but did not take action. On January 4, 1979, David was expelled from the school for the remainder of the year. He was reinstated on February 1, 1979 because of defects in the Board Hearing. After reinstatement, he was suspended eleven times for unexcused absences. Mrs. Massengill was informed of each suspension but took no action until she filed this action.

In order to be certified pursuant to Rule 23 of the Federal Rules of Civil Procedure, the class must satisfy all the requirements of 23(a) and must qualify under one of the categories of 23(b). Section (a) has four requirements: 1) the class is so numerous that joinder of all members is impracticable; 2) there are questions of law or fact common to the class; 3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; 4) the representative parties will fairly and adequately protect the interests of the class. If these threshold requirements are not satisfied, the class will be denied.

There is no specific number necessary to meet the numerosity requirement. [184]*184The class must be of a size that renders joinder impractical, but not necessarily impossible. Union Pacific R.R. Co. v. Woodhal, 308 F.Supp. 1002 (D.Mont., 1970). Courts have certified a class with as few members as thirteen, Dale Electronics, Inc. v. R.C.L. Electronics, Inc., 53 F.R.D. 531 (D.N.H.1971), and have denied certification where the class was numerous but its composition made it amorphous, Eisman v. Pan American World Airlines, 336 F.Supp. 543 (E.D.Pa.1971). Numbers alone are not dis-positive, Miller v. Central Chinchilla Group, Inc., 66 F.R.D. 411 (S.D.Iowa, 1975). Instead, each class must be examined with respect to its particular circumstances. Arkansas Ed. Assoc. v. Board of Education, 446 F.2d 763 (8th Cir. 1971).

The burden is upon the one asserting the class to show a reasonable estimate of the numbers of the class. 3 B Moore’s Federal Practice ¶ 23.05(3) (2d ed. 1979). Plaintiff claims the class is all of the high school students subject to the disciplinary rules of the school and a subclass of those punished for truancy. Statistics produced by the plaintiff show there were 1978 students at ACHS for the 1978-79 school year. Of these students, 334 were suspended, 5 were expelled and 126 were punished for truancy. As a general rule, joinder of over one hundred people is impractical. Newburg, Class Actions, § 1105b (1977).

Rule 23(a)(1), however, does not exist in isolation. It must be construed with respect to the other requirements, in particular 23(aX2) which requires that the class share common issues of law or fact. See, Newburg, Class Actions, § 1110 (1977). When the present class is examined in terms of Rule 23(a)(2), plaintiff does not share common issues of law or fact with a group numbering in the hundreds.

In order to comply with Rule 23(a)(2) there must be at least one common element of law or fact between all the class members. Newburg, Class Actions, § 1110a (1977). Factual circumstances may vary providing one common element binds the class. Like v. Carter, 448 F.2d 798 (8th Cir. 1971). In this case such an element is nonexistent. The students of ACHS are subject to the disciplinary rule only if their behavior goes beyond certain proscribed limits. Therefore, the common element, the application of the rule, does not exist with respect to the alleged class because not every student will act in such a manner that invokes the rules. Furthermore, the rules may be invoked for a variety of reasons. Students may be suspended or punished for reasons “limited only by the varieties of misbehavior their ingenuity can devise.” Banks v. Board of Instruction, 314 F.Supp. 285, 288 (S.D.Fla.1970). This variety of factors means there may be many claims and an equal number of defenses. This precludes a finding of commonality. Caldwell v. Craighead, 432 F.2d 213 (6th Cir. 1970), Lowery v. Adams, 344 F.Supp. 446 (W.D.Ky.1972), Banks v. Board of Instruction, 314 F.Supp. 285 (S.D.Fla.1970). Thus, there is no common element of law or fact present for the general class but it does exist for the alleged subclass consisting of those students already punished for truancy. However, all the requirements of Rule 23(a) must be satisfied before the class is certified. Metropolitan Area Housing Alliance v. United States Department of Housing and Urban Development, 69 F.R.D. 633 (N.D.Ill.1976). Therefore, the remaining requirements, which concern the class representative, must be examined before a determination may be rendered for the subclass.

The last two elements of Rule 23 focus on the required attributes of the class representative. This party must have claims typical of those of the class as a whole, 23(a)(3), and must be able to fairly and adequately represent the class, 23(a)(4). Although the difference between those two provisions is not crystal clear, there is a distinction,

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88 F.R.D. 181, 31 Fed. R. Serv. 2d 334, 1980 U.S. Dist. LEXIS 14614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/massengill-v-board-of-education-antioch-community-high-school-ilnd-1980.