descrybe logo
You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

PARENTS INVOLVED IN COMMUNITY SCHOOLS, a WASHINGTON NONPROFIT CORPORATION, PLAINTIFF-COUNTER-DEFENDANT v. SEATTLE SCHOOL DISTRICT, NO. 1, a POLITICAL SUBDIVISION OF THE STATE OF WASHINGTON JOSEPH OLCHEFSKE, IN HIS OFFICIAL CAPACITY AS SUPERINTENDENT BARBARA SCHAAD-LAMPHERE, IN HER OFFICIAL CAPACITY AS PRESIDENT OF THE BOARD OF DIRECTORS OF SEATTLE PUBLIC SCHOOLS DONALD NEILSON, IN HIS OFFICIAL CAPACITY AS VICE PRESIDENT OF THE BOARD OF DIRECTORS OF SEATTLE PUBLIC SCHOOLS STEVEN. BROWN JAN KUMASAKA MICHAEL PRESTON NANCY WALDMAN, IN THEIR OFFICIAL CAPACITIES AS MEMBERS OF THE BOARD OF DIRECTORS, DEFENDANTS-COUNTER-CLAIMANTS

Citation: 395 F.3d 1168Docket: 01-35450

Court: Court of Appeals for the Ninth Circuit; January 31, 2005; Federal Appellate Court

Narrative Opinion Summary

The case involves Parents Involved in Community Schools, a nonprofit organization, as the appellant against multiple defendants including the Seattle School District and various officials in their official capacities. The Ninth Circuit Court of Appeals ordered that the case be reheard by the full en banc court, following a majority vote of nonrecused judges. The previous opinion issued by a three-judge panel is no longer to be cited as precedent unless adopted by the en banc court. Judges McKeown and Gould are recused from the case.

Legal Issues Addressed

En Banc Rehearing Procedure

Application: The Ninth Circuit Court of Appeals decided to rehear the case en banc, which means that the case will be reconsidered by all active judges rather than the original three-judge panel.

Reasoning: The Ninth Circuit Court of Appeals ordered that the case be reheard by the full en banc court, following a majority vote of nonrecused judges.

Judicial Recusal

Application: Judges McKeown and Gould are recused from participating in the decision of the case, highlighting the importance of maintaining impartiality and avoiding conflicts of interest in judicial proceedings.

Reasoning: Judges McKeown and Gould are recused from the case.

Precedential Value of Panel Decisions

Application: The previous opinion by the three-judge panel is not to be cited as precedent unless the en banc court adopts it, indicating that its legal effect is currently suspended.

Reasoning: The previous opinion issued by a three-judge panel is no longer to be cited as precedent unless adopted by the en banc court.