United States Ninth Circuit

In a 42 U.S.C. section 1983 action for improper discipline by a school arising out of a student's suicide, summary judgment for Defendants is affirmed where: 1) Defendant did not violate Plaintiff's constitutional rights; 2) there was no evidence that he intended to harm Plaintiff; and 3) Plaintiff's death was not proximately caused by Defendant's actions.

Appellate Information

• Argued 10/22/2008
• Decided 06/01/2009
• Published 06/01/2009

Judges

• HALL, Circuit Judge:, Before:  HARRY PREGERSON and CYNTHIA HOLCOMB HALL, Circuit Judges, and DAVID ALAN EZRA, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• R. Samuel Paz, Law Offices of R. Samuel Paz, Culver City, CA, and Sonia M. Mercado, Sonia Mercado & Associates, Culver City, CA, for the appellants., Christian M. Keiner, Kronick, Moskovitz, Tiedemann & Girard, Sacramento, CA, for Amicus Curiae California School Boards Association and Education Legal Alliance.


• For Appellees:
  
• Jacqueline DeWarr Berryessa, Law Offices of Margaret A. Chidester & Associates, Irvine, CA, for the appellees.