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DOE EX REL. DOE v. STATE OF HAWAII DEPT. OF EDUC.

No. 01-17566.

334 F.3d 906 (2003)

John DOE, a Minor, (born 01/28/90) By his Next Friend Jane DOE; Jane Doe, individually, Plaintiffs-Appellees, v. STATE OF HAWAII DEPARTMENT OF EDUCATION, Defendant, and David Keala, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 30, 2003.

Attorney(s) appearing for the Case

Gary Hynds, Department of the Attorney General, Honolulu, Hawaii, and Sarah Hirakami, Honolulu, HI, for the defendant-appellant.

Stanley E. Levin, Honolulu, Hawaii, and Edie A. Feldman, Honolulu, HI, for the plaintiffs-appellees.

Before SCHROEDER, Chief Judge, ALARCÓN, and FISHER, Circuit Judges.

SCHROEDER, Chief Judge.

This is a 42 U.S.C. § 1983 case against an elementary school vice principal who taped a second grade student's head to a tree for disciplinary purposes. The district court correctly denied the vice principal's motion for summary judgment on the basis of qualified immunity. Indeed, our decision in P.B. v. Koch, 96 F.3d 1298 (9th Cir.1996), compelled that result. We publish this opinion to clarify...

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