United States Ninth Circuit

In an action brought by a middle school student suspended for harassment, who challenged his suspension under the First Amendment, arguing that because the harassment occurred off-campus, in a public park, the school lacked the authority to discipline him, the District Court's summary judgment in favor of defendant is affirmed where: 1) under the unique facts presented by this case, the school district had the authority to discipline plaintiff for his off-campus, sexually harassing speech; 2) plaintiff’s suspension was permissible under the First Amendment; 3) uncontroverted facts showed that plaintiff was provided the informal procedures that the Constitution requires for a two-day, out-of-school suspension; and 4) plaintiff failed to show that he has a substantive due process interest in maintaining a clean, non-stigmatizing school disciplinary record.

Appellate Information

• Published 2016/09/01

Judges

• TASHIMA

Court

• United States Ninth Circuit

Counsel