Legal Question in Civil Rights Law in California

Student involved in self defense matter on school grounds?

Someone I know was recently involved in a self defense situation on the school grounds of a local high school he attends here in California. He was attacked by another boy and performed reasonable self defense (by this I mean no weapons were used). This occurred at 4:30PM on Wednesday long after school had been out. The school is looking at expelling him because he made the other boy bleed. Is this legal? First of all, it was self defense (as far as I know because you're a student does not take the right away to defend yourself) and second; it was after school hours. If someone could respond with certain case studies they've heard of regarding this for California law that would be greatly appreciated (so and so versus state of California or what have you) that would aid me in proving he is allowed to defend himself from an attacker.


Asked on 8/24/06, 3:04 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Student involved in self defense matter on school grounds?

Both participants could, and may, be expelled, and both could, and may, be charged with crimes. You're seeking 'proof' of his rights, when he should be focusing on administratively appealing the decision, and preparing for potential arrest, using self defense as the basis.

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Answered on 8/31/06, 2:24 pm


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