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LOVELL v. POWAY UNIFIED SCHOOL DIST.

Nos. 94-55715, 94-55717.

90 F.3d 367 (1996)

Sarah LOVELL, a minor, By and Through her guardian ad litem, Gregory C. LOVELL, Plaintiff-Appellee, v. POWAY UNIFIED SCHOOL DISTRICT; Scott Fisher, in his official capacity; Mary Heath, in her official capacity, Defendants-Appellants. Sarah LOVELL, a minor, By and Through her guardian ad litem, Gregory C. LOVELL, Plaintiff-Appellant, v. POWAY UNIFIED SCHOOL DISTRICT; Scott Fisher, in his official capacity; Mary Heath, in her official capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 18, 1996.

Attorney(s) appearing for the Case

Christopher J. Welsh, Stutz, Gallagher, Artiano, Shinoff & Holtz, San Diego, California, for defendants-appellants-cross-appellees.

Elizabeth Schulman, Schulman & Schulman, San Diego, California, for plaintiffs-appellees-cross-appellants.

Before: HALL and JOHN T. NOONAN, Jr., Circuit Judges, and PRO, District Judge.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Sarah Lovell, a student at Mt. Carmel High School in the Poway Unified School District ("PUSD"), allegedly threatened Linda Suokko, a school guidance counselor, that she would shoot her if Suokko did not make changes to Lovell's class schedule. Suokko filed a disciplinary report with school administrators, and the school suspended Lovell for three days.

Lovell denies that she threatened Suokko, and claims that she merely...

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