Justin Layshock v. Hermitage Sch Dist

Filing 49

JUDGMENT, Affirmed. (Vacated as to No. 07-4465 only as rehearing has been granted in No. 07-4465) [07-4465, 07-4555]--[Edited 04/09/2010 by MLR] (TRG) [Entered: 02/04/2010 10:00 AM]

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 07-4465
JUSTIN LAYSHOCK, a minor,
by and through his parents;
DONALD LAYSHOCK;
CHERYL LAYSHOCK, individually
and on behalf of their son
v.
HERMITAGE SCHOOL DISTRICT
KAREN IONTA, District Superintendent;
ERIC W. TROSCH, principal Hickory High School
CHRIS GILL, Co-Principal Hickory High School, all in their
official and individual capacity

Hermitage School District,
Appellant
No. 07-4555
JUSTIN LAYSHOCK, a minor, by and through his parents;
DONALD LAYSHOCK; CHERYL LAYSHOCK, individually and on behalf
of their son
v.
HERMITAGE SCHOOL DISTRICT;
KAREN IONTA, District Superintendent;
ERIC W. TROSCH, principal Hickory High School;
CHRIS GILL, Co-Principal Hickory High School, all
in their official and individual capacity
Donald Layshock; Cheryl Layshock,
Appellants
Appeal from the United States District Court

for the Western District of Pennsylvania
(Civ. No. 06-cv-00116)
District Judge: Hon. Terrence F. McVerry
Before: McKEE, SMITH and ROTH,
Circuit Judges
JUDGMENT
This cause came on to be heard on the record from the United States District Court
for the Western District of Pennsylvania and was argued by counsel on December 10, 2008.
On consideration whereof, it is hereby ORDERED AND ADJUDGED by this Court
that the order of the said District Court entered November 14, 2007, granting summary
judgment to Justin Layshock on his First Amendment claim and granting summary judgment
to the Hermitage School District on Donald and Cheryl Layshock’s Fourteenth Amendment
Due Process, is affirmed. All of the above in accordance with the opinion of this Court.

ATTEST:
/s/ Marcia M. Waldron
Clerk

Dated: February 4, 2010