United States Ninth Circuit

Summary judgment for defendants, a school principal and school board, in a 42 U.S.C. section 1983 First Amendment case arising from a student's suspension from school due to his speech is vacated where: 1) the principal's conduct violated plaintiff's clearly established constitutional right; and 2) it would be clear to a reasonable principal that her conduct was unlawful in the situation she confronted, thus she was not entitled to qualified immunity.

Appellate Information

• Argued 07/08/2004
• Decided 03/10/2006
• Published 03/10/2006

Judges

• KLEINFELD, Circuit Judge:, Before: HALL, KLEINFELD, and WARDLAW, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Douglas K. Mertz, Law Office of Douglas K. Mertz, Juneau, AK, for the appellant., Sonja R. West (briefed), Davis, Wright, Tremaine, LLP, Los Angeles, CA, for amici curiae Student Press Law Center, et al., John M. Sedor (briefed), Bankston, Gronning, O'Hara, Sedor, Mills, Givens & Heaphey, P.C., Anchorage, AK, for amici curiae Association of Alaska School Boards, et al., Judith K. Appel (briefed), Drug Policy Alliance, Oakland, CA, for amicus curiae Drug Alliance Policy.


• For Appellees:
  
• David C. Crosby, P.C., Juneau, AK, for the appellees.