D.J.M. v. HANNIBAL PUBLIC SCHOOL DIST. NO. 60

Nos. 10-1428, 10-1579.

647 F.3d 754 (2011)

D.J.M., a minor child, by next friend, D.M.; D.M., Father of D.J.M.; J.M., Mother of D.J.M., Plaintiffs-Appellants, v. HANNIBAL PUBLIC SCHOOL DISTRICT #60; Jill Janes, Defendants-Appellees. D.J.M., a minor child, by next friend, D.M.; D.M., Father of D.J.M.; J.M., Mother of D.J.M., Plaintiffs-Appellees, v. Hannibal Public School District # 60, Defendant-Appellant, Jill Janes, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: August 1, 2011.


Attorney(s) appearing for the Case

Branson L. Wood III , argued, Hannibal, MO, for appellant.

Teri B. Goldman , argued, Joseph M. Wientge, Jr. , on the brief, St. Louis, MO, for appellee.

Before MURPHY, BYE, and MELLOY, Circuit Judges.


MURPHY, Circuit Judge.

D.J.M., a student in the Hannibal Public School District # 60 (the District), sent instant messages from his home to a classmate in which he talked about getting a gun and shooting some other students at school. The alarmed recipient and a trusted adult she had consulted contacted the school principal about their concerns. School authorities decided they must notify the police, who took a statement from

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