T.A. vs. McSwain Union Elementary School District, et al.

Filing 85

ORDER on Defendants' Motion For Summary Judgment, or in The Alternative, Motion for Partial Summary Judgment, signed by Judge Oliver W. Wanger on 7/22/2010. (Gaumnitz, R)

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

Anthony N. DeMaria, # 177894 McCormick, Barstow, Sheppard, Wayte & Carruth LLP P.O. Box 28912 5 River Park Place East Fresno, CA 93720-1501 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants MCSWAIN UNION ELEMENTARY SCHOOL DISTRICT; TERRIE ROHRER; C.W. SMITH, and MARTHA HERNANDEZ

(SPACE BELOW FOR FILING STAMP ONLY)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

T.A., a minor (by and through next friend), ANNA AMADOR, Plaintiff, v. MCSWAIN UNION ELEMENTARY SCHOOL DISTRICT; TERRIE ROHRER, Principal of McSwain Elementary School, individually and in her official capacity; C.W. SMITH, Assistant Principal of McSwain Elementary, individually and in his official capacity, and MARTHA HERNANDEZ, Office Clerk for McSwain Elementary School, Individually and in her official capacity, Defendants.

Case No. 1:08-CV-01986-OWW-DLB ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR PARTIAL SUMMARY JUDGMENT

This matter came on for hearing on June 22, 2010, on the duly noticed Motion for Summary Judgment, Or in the Alternative, Motion for Partial Summary Judgment filed by Defendants MCSWAIN UNION ELEMENTARY SCHOOL DISTRICT; TERRIE ROHRER; C.W. SMITH, and MARTHA HERNANDEZ ("Defendants"). Attorneys Anthony N. DeMaria and Marisa L. Balch of McCormick, Barstow, Sheppard, Wayte & Carruth LLP appeared on behalf of Defendants and argued in support of the Motion. Attorney William J. Becker, Jr. of The Becker Law Firm appeared on behalf of Plaintiff and argued in opposition to the Motion.
ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR PARTIAL SUMMARY JUDGMENT 1:08-CV-01986-OWW-DLB

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

The court has read the papers submitted in support and in opposition of the motion, and considered the arguments of counsel and the authorities cited to the court. The court has concluded that Defendants' request for summary judgment on Plaintiff's Fourth Claim for Relief for Due Process- Fourteenth Amendment (42 U.S.C. § 1983) is appropriate, and should be granted, on the grounds that, given the school context, Defendants' dress code policy does not violate substantive due process. Additionally, the court has concluded that Defendants' request for summary judgment on Plaintiff's Second Claim for Relief for Unreasonable Seizure-Fourth Amendment (42 U.S.C. § 1983), as to the unreasonable seizure of Plaintiff's property (the t-shirt), is appropriate and should be granted as to all Defendants. The Court has further concluded that Defendants' request for summary judgment on Plaintiff's Second Claim for Relief for Unreasonable Seizure ­ Fourth Amendment (42 U.S.C. §1983) as to the alleged seizure of Plaintiff's person is appropriate and should be granted, as to all Defendants except Defendant MARTHA HERNANDEZ, on the grounds that an issue of fact remains with regard to only Defendant MARTHA HERNANDEZ's alleged grabbing of Plaintiff. All other requests for summary judgment are denied at this time on the grounds that material issues of fact remain in connection with Plaintiff's First Claim for Relief for Freedom of Speech- First Amendment and Plaintiff's Third Claim for Relief for Equal Protection- Fourteenth Amendment (42 U.S.C. § 1983). Therefore,

IT IS HEREBY ORDER THAT: 1. Defendants' request for summary judgment on Plaintiff's First Claim for Relief for Freedom of Speech- First Amendment (42 U.S.C. § 1983) is DENIED; 2. Defendants' request for summary judgment on Plaintiff's Third Claim for Relief for Equal Protection- Fourteenth Amendment (42 U.S.C. § 1983) is DENIED; 3. Defendants' request for summary judgment on Plaintiff's Second Claim for Relief for Unreasonable Seizure-Fourth Amendment (42 U.S.C. § 1983), as to the unreasonable seizure of Plaintiff's property (the t-shirt), is GRANTED as to all Defendants; and Defendants' request for summary judgment on Plaintiff's Second 2
ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR PARTIAL SUMMARY JUDGMENT 1:08-CV-01986-OWW-DLB

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501
DEAC_Signature-END:

Claim for Relief for Unreasonable Seizure ­ Fourth Amendment (42 U.S.C. §1983), as to the alleged seizure of Plaintiff's person, is GRANTED as to all Defendants except Defendant MARTHA HERNANDEZ; and 4. Defendants' request for summary judgment on Plaintiff's Fourth Claim for Relief for Due Process- Fourteenth Amendment (42 U.S.C. § 1983) is GRANTED. IT IS SO ORDERED. Dated:

July 22, 2010

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR PARTIAL SUMMARY JUDGMENT 1:08-CV-01986-OWW-DLB