FLORES v. MORGAN HILL UNIFIED SCHOOL DIST.

No. 02-15128.

324 F.3d 1130 (2003)

Alana FLORES; F. F., a minor, by and through guardian ad litem; J.D., a minor, by and through guardian ad litem; C.L., a minor, by and through guardian ad litem; M.L., a minor, by and through guardian ad litem; V.P., a minor, by and through guardian ad litem; P.P., Plaintiffs-Appellees, v. MORGAN HILL UNIFIED SCHOOL DISTRICT; Carolyn McKennan, Superintendent; Bob Davis, Principal; Delia Schizzano, Assistant Superintendent; Maxine Bartschi, Assistant Principal; Rick Gaston; Larry Carr, President; Susan Martimo Choi; Del Foster; Rick Herder; Don Schaefer; and Frank Nucci, Defendants-Appellants, and Megan Avevedo; Cheryl Washington, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed April 8, 2003.


Attorney(s) appearing for the Case

Mark E. Davis and Marc J. Cardinal, Needham, Davis, Kirwan & Young, LLP, San Jose, CA, for the defendants-appellants.

James Emery and Jill K. Ginstling, Keker & Van Nest, LLP, San Francisco, CA, for the plaintiffs-appellees.

Before: SCHROEDER, Chief Judge, PAEZ and TALLMAN, Circuit Judges.


SCHROEDER, Chief Judge:

Plaintiffs are former students in the Morgan Hill Unified School District who have sued the school district, administrators, and school board members under 42 U.S.C. § 1983. Plaintiffs claim that the defendants' response or lack of response to complaints of student-to-student anti-homosexual harassment denied them equal protection. Defendants moved for summary judgment on the ground of qualified immunity. The district court denied summary...

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