CF

C.F. v. Capistrano Unified School District

Good Law
656 F. Supp. 2d 1190·2009 WL 3018083·2009 U.S. Dist. LEXIS 92051
United States District Court, Central District of CaliforniaSeptember 15, 2009Case No.: SACV 07-1434 JVS (ANx)California8,668 words

Opinion

Opinion

Selna, J.

ORDER RE MOTION TO AMEND SCHEDULING ORDER AND FOR LEAVE TO FILE AN AMENDED ANSWER AND MOTION FOR A DETERMINATION RE QUALIFIED IMMUNITY

I. BACKGROUND

Plaintiff C.F., by and through his parents Bill Farnan and Teresa Farnan (collectively, “Farnan”) asserted a claim for relief for violation of C.F.’s First Amendment rights by the Capistrano Unified School District (“District”) and Dr. James C. Corbett (“Corbett”) (collectively, “School Defendants”). On April 28, 2008, this Court granted a motion allowing the California Teachers Association (“CTA”) and Capistrano Unified Education Association (“CUEA”) (collectively, “Unions”) to intervene as defendants in the action. (Docket No. 29.) Farnan asserted that his rights under the Establishment Clause were violated by a practice and policy hostile toward religion and favoring irreligión over religion. (First Amended Complaint (“FAC”) ¶¶ 22, 25.) At the focus of the dispute are remarks made by Corbett in his Advanced Placement European History class. (Id. at ¶¶ 14-15.)

On May 1, 2009, 615 F.Supp.2d 1137 (C.D.Cal.2009), this Court ruled on the parties’ cross-motions for summary judgment. (Docket No. 87.) The Court granted Farnan’s motion…

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