BAUCHMAN v. WEST HIGH SCHOOL

Nos. 95-4084, 96-4101.

132 F.3d 542 (1997)

Cheryl BAUCHMAN, as parent and guardian for Rachel BAUCHMAN, Plaintiff-Appellant, v. WEST HIGH SCHOOL; Salt Lake City School District; Richard Torgerson; William Boston; Gene Bonella; Teresa Piele; Dolores Riley; Darline Robles; Dale Manning; Mary Jo Rasmussen, Defendants-Appellees, and Leila Quinones Barela, by and through her father, Luke J. Barela; Luke J. Barela, in his own capacity; Tamra M. Badger, by and through her parent and guardian, William A. Badger; William A. Badger, in his own capacity; Cindy R. Badger; Eric Michael Nielsen, by and through his parent and guardian Greg Nielsen; Greg Nielsen, in his own capacity; Jo Rita Nielsen; Heather Pettit, by and through her parent and guardian, Ralph Pettit; Ralph Pettit, in his own capacity; Elaine Pettit; Joy M. Warthen, by and through her parent and guardian, Lee Warthen; Alexander B. Warthen, by and through his parent and guardian, Lee Warthen; Lee Warthen, in his own capacity; Barbara Warthen; Steven C. Eror, Jr., by and through his parent and guardian, Steven C. Eror; Steven C. Eror, in his own capacity; Judy H. Error; Jane Curtis, by and through her parent and guardian, Marvin R. Curtis, Jr.; Marvin R. Curtis, Jr., in his own capacity; Joan C. Curtis, Defendants-Intervenors. Presbyterian Church (U.S.A.); United Church Board for Homeland Ministries of the United Church of Christ; American Jewish Committee; Anti-Defamation League; General Conference of Seventh-Day Adventists; Union of American Hebrew Congregations, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

December 18, 1997.


Attorney(s) appearing for the Case

Andrew C. Hruska, New York City (Edward A. Harris, Georgina E. Hayden, Michael W. Martin and Joseph E. Neuhaus, New York City; Ross C. Anderson and Nathan B. Wilcox of Anderson & Karrenberg, Salt Lake City, UT, with him on the briefs), for Plaintiff-Appellant.

David J. Jordan, of Stoel Rives LLP, Salt Lake City, UT, and Debra J. Moore, Assistant Attorney General, Salt Lake City, UT (Kenneth R. Black of Stoel Rives LLP, Salt Lake City, UT, with them on the briefs), for Defendants-Appellees.

Eric W. Treene (Kevin J. Hasson and Nancy E. Smith of The Becket Fund for Religious Liberty, Washington, DC, with him on the briefs) for Defendants-Intervenors.

Marc D. Stern and Lois C. Waldman of The American Jewish Congress, New York City; Colby A. Smith and Alan H. Scheiner of Debevoise & Plimpton, New York City; Judith E. Schaeffer and Elliot M. Mincberg of People for the American Way, Washington, DC; Steven K. Green and Julie A. Segal of Americans United for Separation of Church and State, Washington, DC, filed amici curiae briefs.

Before BRORBY, BARRETT and MURPHY, Circuit Judges.


BRORBY, Circuit Judge.

I. INTRODUCTION

Rachel Bauchman, by and through her mother and guardian, Cheryl Bauchman sued her music teacher, Mr. Richard Torgerson, West High School, the Salt Lake City School District and several West High School and School District Administrators, claiming that defendants violated the Establishment, Free Exercise and Free Speech clauses of the United States Constitution and her civil rights under 42 U.S.C. § 1983 (1994)...

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