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AXTELL v. LAPENNA

March 3, 1971

Lawrence AXTELL, a minor, by his father and next friend, Frederick B. Axtell
v.
Robert J. LaPENNA, individually and as Superintendent of Schools, City of Erie, Pa., et al.


Knox, District Judge.


The opinion of the court was delivered by: KNOX

KNOX, District Judge.

 Introduction:

 The Court in this non-jury Civil Rights case has heard the evidence, the arguments of counsel and having reviewed the briefs and other documents submitted by the parties enters the following Findings of Fact, Opinion and Conclusions of Law.

 A. FINDINGS OF FACT

 1. The plaintiff, Lawrence Axtell, is a fourteen year old minor presently enrolled in the ninth grade of Memorial Junior High School, one of the five junior high schools within the jurisdiction of the School Board of Erie, Pennsylvania. This suit is brought on his behalf by his father, Lawrence Axtell, Sr.

 2. Memorial Junior High School has an enrollment of 1,272 pupils and distributed to them in the fall of 1970 a "Student Handbook" requiring inter alia: "* * * Proper hair grooming and hair styling are to be maintained."

 3. Memorial Junior High School annually distributes to students and their parents a mimeographed "Modified Grooming Code" providing inter alia:

 
" Boy's Grooming
 
I. Hair (Use good common sense)
 
a. Follow contour of head and be tapered on back and sides.
 
b. Cannot touch the collar in the back.
 
c. Must be kept above the eyebrow.
 
d. Must not go over the ears on the sides.
 
e. Must be kept neat and ...

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