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KIRCHMANN v. UNIFIED SCHOOL DIST.

No. E026060.

100 Cal.Rptr.2d 289 (2000)

83 Cal.App.4th 1098

Norma KIRCHMANN, Plaintiff and Appellant, v. LAKE ELSINORE UNIFIED SCHOOL DISTRICT et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division Two.

As Modified on Denial of Rehearing October 11, 2000.

Review Denied January 10, 2001.

Attorney(s) appearing for the Case

Donal M. Hill, San Diego, for Plaintiff and Appellant.

Walsh & Declues, Jeffrey P. Thompson and Gregory A. Wille, Santa Ana, for Defendant and Respondent Lake Elsinore Unified School District.

No appearance for Defendants and Respondents Keith McCarthy, Normand Tanguay, David Long, Jeanie Corral, Richard Jenkins, Vick Knight, Jeannine Martineau and Sonja Wilson.

OPINION

RICHLI, Acting P.J.

The issue in this case is whether the Lake Elsinore Unified School District (the District) is immune from suit under Title 42 United States Code section 1983 (hereafter, section 1983) as an instrumentality of the State of California. As we will discuss, public education in California is "uniquely a fundamental concern of the State" (Butt v. State of California (1992) 4 Cal.4th 668

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