C.D.
C.D. v. Atascadero Unified School District
Opinion
Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 9 2024
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
C.D., by his guardian ad litem Michelle No. 23-55563 Dougherty, D.C. No. Plaintiff-Appellant, 2:22-cv-05937-MCS-AGR
v.
MEMORANDUM*
ATASCADERO UNIFIED SCHOOL
DISTRICT,
Defendant-Appellee.
Appeal from the United States District Court for the Central District of California Mark C. Scarsi, District Judge, Presiding
Argued and Submitted March 25, 2024 Pasadena, California
Before: GRABER, GOULD, and FORREST, Circuit Judges.
C.D. appeals the district court’s dismissal of his action against Atascadero
Unified School District (“Atascadero”). C.D. is a high school student with
disabilities who resided at relevant times in the district. In May 2022, Atascadero
removed C.D. from his Individualized Education Program (“IEP”) placement for
* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. more than ten days because C.D. violated Atascadero’s student code of conduct
when he assaulted a teacher three times.…