Ramirez

MEMORANDUM *

Joe Ramirez and Ana Ramirez, on behalf of their minor child, Jose Ramirez, appeal from the district court’s order granting summary judgment in favor of Glendale Union High School District No. 205 on their state law negligence claim and § 1983 state-created danger claim. We affirm.

“A public school district in Arizona is liable for negligence when it fails to exercise ordinary care under the circumstances.” Jesik v. Maricopa County Cmty. Coll. Dist., 125 Ariz. 543 , 611 P.2d 547, 550 (1980); see also Ariz.Rev.Stat. § 15-341(17) (2000) (imposing statutory duty of adequate supervision); Hill v. Safford Unified Sch. Dist., 191 Ariz. 110 , 952 P.2d 754, 756 (Ariz.App.1997) (school teachers and administrators have a duty to avoid subjecting students “to a foreseeable and unreasonable risk of harm through acts, omissions, or school policy”). The only evidence presented that the District should have known Jose would be assaulted if left unattended is an avowal of a teacher aide’s testimony that two of the other students “did not get along and had fought in the past,” and an old school health record indicating one of the students suffered from a mental disorder and had…