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

Filing 86

ORDER on Plaintiff's Motion For 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 PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

This matter came on for hearing on June 22, 2010, on the duly noticed Motion for Summary Judgment filed by Plaintiff T.A., a minor (by and through next friend), ANNA AMADOR ("Plaintiff"). Attorney William J. Becker, Jr. of The Becker Law Firm appeared on behalf of Plaintiff and argued in support of the Motion. Attorneys Anthony N. DeMaria and Marisa L. Balch of McCormick, Barstow, Sheppard, Wayte & Carruth LLP appeared on behalf of Defendants MCSWAIN UNION ELEMENTARY SCHOOL DISTRICT; TERRIE ROHRER; C.W. SMITH, and MARTHA HERNANDEZ ("Defendants")and argued in opposition of the
78046/00057-1590870.v1

ORDER ON PLAINTIFF'S MOTION FOR 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

Motion. 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 Plaintiff's requests for summary judgment on her First Claim for Relief for Freedom of Speech- First Amendment and her Third Claim for Relief for Equal Protection- Fourteenth Amendment (42 U.S.C. § 1983) are inappropriate, as issues of fact remain in connection therewith. The court has further concluded that Plaintiff's request for summary judgment on her Fourth Claim for Relief for Due Process- Fourteenth Amendment (42 U.S.C. § 1983) is inappropriate on the grounds that, given the school context, Defendants' dress code policy does not violate due process. Additionally, the court has concluded that Plaintiff is not entitled permanent injunction against Defendants as Plaintiff is no longer a student at MCSWAIN UNION ELEMENTARY SCHOOL DISTRICT, and therefore her claims for injunctive relief against MCSWAIN UNION ELEMENTARY SCHOOL DISTRICT are now moot. Finally, the court has concluded that Plaintiff is not entitled to summary judgment on the issue of qualified immunity as failing to provide authority to support her contention and a factual dispute remain in connection therewith. Therefore,

IT IS HEREBY ORDER THAT: 1. Plaintiff's request for summary judgment on her First Claim for Relief for Freedom of Speech- First Amendment (42 U.S.C. § 1983) is DENIED; 2. Plaintiff's request for summary judgment on her Third Claim for Relief for Equal Protection- Fourteenth Amendment (42 U.S.C. § 1983) is DENIED; 3. Plaintiff's request for summary judgment on her Fourth Claim for Relief for Due Process- Fourteenth Amendment (42 U.S.C. § 1983) is DENIED; 4. Plaintiff's request for summary judgment on the issue of qualified immunity is DENIED; 5. Plaintiff's request for summary judgment on her claims for injunctive relief is DENIED; and 6. Plaintiff's claims for injunctive relief are now moot. 2
ORDER ON PLAINTIFF'S MOTION FOR 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:

IT IS SO ORDERED. Dated:

July 22, 2010

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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ORDER ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 1:08-CV-01986-OWW-DLB