John Dariano v. Morgan Hill Unified School Dis

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOHN DARIANO; DIANNA DARIANO, No. 11-17858 on behalf of their minor child, M.D.; KURT FAGERSTROM; JULIE ANN D.C. No. FAGERSTROM, on behalf of their 5:10-cv-02745- minor child, D.M.; KENDALL JONES; JW JOY JONES, on behalf of their minor child, D.G., Plaintiffs-Appellants, ORDER AND

AMENDED

v. OPINION

MORGAN HILL UNIFIED SCHOOL

DISTRICT; NICK BODEN, in his official capacity as Principal, Live Oak High School; MIGUEL RODRIGUEZ, in his individual and official capacity as Assistant Principal, Live Oak High School, Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California James Ware, District Judge, Presiding

Argued and Submitted October 17, 2013—San Francisco, California

Filed February 27, 2014 Amended September 17, 2014

Before: Sidney R. Thomas and M. Margaret McKeown, Circuit Judges, and Virginia M. Kendall, District Judge.*

Order; Dissent to Order by Judge O’Scannlain Opinion by Judge McKeown

SUMMARY**

Civil Rights

The panel amended its prior…