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United States Ninth Circuit


Dariano v. Morgan Hill Unified School District, 11-17858

In a civil rights suit brought by plaintiff-high school students who were asked to remove clothing bearing images of the American flag after school officials learned of threats of race-related violence during a school-sanctioned celebration of Cinco de Mayo, the district court's grant of summary judgment to defendant-assistant principal and denial of summary judgment to plaintiffs are affirmed, where: 1) school officials anticipated violence or substantial disruption of or material interference with school activities, and their response was tailored to the circumstances; and 2) school officials did not violate the students' rights to freedom of expression, due process, or equal protection.

Appellate Information

  • Decided 02/27/2014
  • Published 02/27/2014

Judges

  • McKEOWN

Court

  • United States Ninth Circuit

Counsel

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