Dickerson

MEMORANDUM *

Shane Dickerson, a minor, by his mother and guardian ad litem, Evelyn Dickerson, appeals the district court’s Federal Rules of Civil Procedure 12(b)(6) dismissal of his 42 U.S.C. § 1983 action. Dickerson alleged that both his Fourth and Fourteenth Amendment rights were violated when a custodian of the Long Beach Unified School District grabbed and “slammed” him against a wall in the belief that he had been engaging in mischief. It is not alleged that the custodian’s conduct caused any serious injury to Dickerson, who was then seven years old.

Dickerson seeks to bring this case within the purview of the Fourth Amendment in order to argue that the custodian’s conduct was objectively unreasonable. See Graham v. Connor, 490 U.S. 386, 397 , 109 S.Ct. 1865 , 104 L.Ed.2d 443 (1989). This Circuit has never held that the use of force against a student by a school official should be analyzed under the Fourth Amendment. We have observed that such an analysis would be appropriate only where the school official’s conduct was in furtherance of an investigatory purpose. See United States v. Attson, 900 F.2d 1427, 1430-31 (9th Cir.1990) (citing New Jersey v. T.L.O., 469 U.S. 325,…