Thompson v. Sacramento City Unified School District

In Thompson v. Sacramento City Unified School District (2003) 107 Cal.App.4th 1352, two students beat and robbed the plaintiff in a high school bathroom after they learned he was carrying a substantial amount of marijuana. (Id. at p. 1358.) One of the assailants had been expelled during middle school, and the plaintiff suggested that he should not have been readmitted. (Id. at p. 1361.) The court rejected this argument, holding that "a school district's exercise of authority to expel and/or readmit a pupil involves the type of decision that entails '"the resolution of policy considerations, entrusted by statute to a coordinate branch of government, that compels immunity from judicial reexamination."'" (Ibid.) The court also rejected the plaintiff's argument that the school was liable for failing to suspend the assailant because he set fire to a poster and threatened to hit another student the day prior to the attack. (Id. at p. 1362.) The court concluded the school did not have a duty, reasoning (1) the conduct for which the suspension should have been imposed was unrelated to the plaintiff; (2) the plaintiff's only basis for asserting a causal connection was that failure to impose an immediate suspension allowed the student to be on campus; and (3) the imposition of a special duty to suspend would undermine the role of the school in the suspension process, along with the assailant's due process rights. (Id. at pp. 1365--1366.)