Gregory Steshenko v. Thomas McKay, et al.
ERISA DueProcess FirstAmendment FifthAmendment Privacy
Whether the mixed-motive defense doctrine of Mt. Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 287 (1977) in employment terminations for the protected speech is applicable to educational expulsions
QUESTION(S) PRESENTED 1. Whether the mixed-motive defense doctrine of Mt. Healthy City Sch. Dist. Bd. of Educ. | v. Doyle, 429 U.S. 274, 287 (1977) in employment terminations for the protected speech is applicable to educational expulsions. 2. Whether the federal court properly obrogated California Education Code through re-definition of what constitutes academic and disciplinary expulsions and what processes should be followed in each case. ; . 3. Whether the court's re-definition of what constitutes academic and disciplinary expulsions violated the due process clause of the Fourteenth Amendment. 4, Whether Appellant's rights to due process afforded by the Fourteenth Amendment were violated by his immediate expulsion for his protected speech. 5. Whether declination of the court to impose remedial sanctions for the mass spoliation of the crucial evidence that was sufficient to prove the case violated the due process clauses of the Fifth and Fourteenth Amendments. 6. Whether the party that "prevailed" through spoliation of evidence should be awarded costs. ;