Lausd

Claudia Herrera v. Lausd

Good Law
United States Court of Appeals for the Ninth CircuitDecember 1, 202120-55054California4,067 words

Opinion

Opinion

R. NELSON, J.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CLAUDIA HERRERA; CESAR ORTIZ, No. 20-55054 Plaintiffs-Appellants, D.C. No. v. 8:17-cv-00069-

JVS-KES

LOS ANGELES UNIFIED SCHOOL

DISTRICT, a public entity; JOSE

HUERTA; JOSE LOPEZ; DOES; LOS OPINION

ANGELES UNIFIED SCHOOL DISTRICT,

Defendants-Appellees,

and

COUNTY OF LOS ANGELES,

Defendant.

Appeal from the United States District Court for the Central District of California James V. Selna, District Judge, Presiding

Argued and Submitted August 30, 2021 Pasadena, California

Filed December 1, 2021

Before: Sandra S. Ikuta, Mark J. Bennett, and Ryan D. Nelson, Circuit Judges.

Opinion by Judge R. Nelson SUMMARY *

Civil Rights

The panel affirmed the district court’s order granting summary judgment to defendants on a claim for deprivation of familial relationship, brought under 42 U.S.C. § 1983 by the parents of a disabled high school student who drowned while on a field trip to a pool.

The panel held that the Fourteenth Amendment’s Due Process Clause generally does not provide an affirmative right to government aid, but a state’s…

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