Honig, Superintendent of Public Instruction of California, et al. v. Students of the California School for the Blind et al. (471 U.S. 148)
U.S. Supreme Court · decided April 1, 1985 · Supreme Court Database (Spaeth)
- Citation
- 471 U.S. 148 · 105 S. Ct. 1820
- Decided
- April 1, 1985
- Term
- October Term 1984
- Vote
- 5–3
- Issue area
- Judicial Power
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Per Curiam. Respondents, students of the California School for the Blind, brought this lawsuit in Federal District Court against petitioner state officials, claiming among other things that the school’s physical plant did not meet applicable seismic safety standards. Their complaint alleged rights of action under the Education for All Handicapped Children Act of 1975, 89 Stat. 773, 20 U. S. C. §§ 1232, 1401, 1405, 1406, 1411-1420, 1453, and § 504 of the Rehabilitation Act of 1973, 87 Stat. 394, as amended, 29 U. S. C. § 794. After a lengthy trial the District Court issued a “preliminary injunction” requiring the State to conduct additional tests of school grounds to aid in assessment of the school’s seismic safety. Petitioners appealed to the United States Court of Appeals for the Ninth Circuit pursuant to 28 U. S. C. § 1292(a)(1). That court affirmed the issuance of the preliminary injunction on the ground that the lower court had not abused its discretion. 736 F. 2d 538 (1984). The court expressly noted that it was not finally deciding the merits of the action, but only was assessing the District Court’s reasoning to determine whether it had appropriately applied the traditional calculus for granting or denying preliminary injunctions. Id., at 542-543, 546-547, 550. Petitioners have petitioned this Court for a writ of cer-tiorari to review the judgment of the Ninth Circuit,…
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