HARPER EX REL. HARPER v. POWAY UNIFIED SCHOOL

No. 04CV1103 JAH(POR).

345 F.Supp.2d 1096 (2004)

Tyler Chase HARPER, a minor, By and Through his parents, Ron and Cheryl HARPER, Plaintiff, v. POWAY UNIFIED SCHOOL DISTRICT; et al., Defendants.

United States District Court, S.D. California.

November 4, 2004.


Attorney(s) appearing for the Case

Robert Tyler, Alliance Defense Fund, Murrieta, CA, for Tyler Chase Harper, A minor, by and through his parents Ron and Cheryl Harper, Ron Harper, Cheryl Harper, plaintiffs.

Paul Vincent Carelli, IV, Stutz Artiano Shinoff and Holtz, San Diego, CA, for Poway Unified School District, Jeff Mangum, All Individually and in their official capacity as Members of the Board of the Poway Unified School District, Linda Vanderveen, All Individually and in their official capacity as Members of the Board of the Poway Unified School District, Penny Ranftle, All individually and in their official capacity as Members of the Board of the Poway Unified School District, Steve McMillan, All individually and in their official capacity as Members of the Board of the Poway Unified School District, Andy Patapow, All Individually and in their official capacity as Members of the Board of the Poway Unified School District, Donald A Phillips, Individually, and in his official capacity as Superintendent of the Poway Unified School District, Scott Fisher, Individually and in his official capacity as Principal of Poway High School, Lynell Antrim, Individually and in her official capacity as Assistant Principal of Poway High School, Ed Giles, Individually and in his official capacity as Vice Principal of Poway High School, David Lemaster, Individually and in his official capacity as Teacher of Poway High School, Does, 1 through 20 inclusive, defendants.


ORDER GRANTING IN PART AND DENYING IN PART DEFEDANTS' MOTION TO DISMISS [FED.R.CIV.P. 12(b)(6) ] [DOC. #14] AND DENYING PLAITIFF'S MOTION FOR PRELIMNARY INJUNCTION [DOC. # 18]

HOUSTON, District Judge.

INTRODUCTION

Now before the Court are defendants' motion to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) and plaintiffs motion for preliminary injunction. After careful consideration...

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