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LOPEZ v. CANDAELE

No. 09-56238.

630 F.3d 775 (2010)

Jonathan LOPEZ, Plaintiff-Appellee, v. Kelly G. CANDAELE, in his individual and official capacities as member of the Los Angeles Community College District Board of Trustees; Mona Field, in her individual and official capacities as member of the Los Angeles Community College District Board of Trustees; Georgia L. Mercer, in her individual and official capacities as member of the Los Angeles Community College District Board of Trustees; Nancy Pearlman, in her individual and official capacities as member of the Los Angeles Community College District Board of Trustees; Angela J. Reddock, in her individual and official capacities as member of the Los Angeles Community College District Board of Trustees; Miguel Santiago, in his individual and official capacities as member of the Los Angeles Community College District Board of Trustees; Sylvia Scott-Hayes, in her individual and official capacities as member of the Los Angeles Community College District Board of Trustees; Gene Little, in his individual and official capacities as Director of the Los Angeles Community College District Office of Diversity Programs; Jamillah Moore, in her individual and official capacities as President of Los Angeles City College; Allison Jones, in her individual and official capacities as Dean of Academic Affairs at Los Angeles City College; Cristy Passman, in her individual and official capacities as Compliance Officer at Los Angeles City College, Defendants-Appellants, and John Matteson, in his individual and official capacities as Professor of Speech at Los Angeles City College, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed September 17, 2010.

Amended December 16, 2010.

Attorney(s) appearing for the Case

Mary L. Dowell and David A. Urban , Liebert Cassidy Whitmore, P.C., Los Angeles, CA, for the appellants.

David J. Hacker and Heather G. Hacker , Alliance Defense Fund, Folsom, CA; David A. French , Alliance Defense Fund, Columbia, TN, for the appellee.

Sam Kim and Michael L. Parker , Sam Kim and Associates, P.C., Buena Park, CA, for the appellee.

Before: RONALD M. GOULD, SANDRA S. IKUTA and N. RANDY SMITH, Circuit Judges.

ORDER

The opinion filed September 17, 2010, is amended as follows:

At Op. 793, line 17: Before "Because Lopez fails to establish ..." insert: <Nor does the recent Third Circuit decision in McCauley v. University of Virgin Islands, 618 F.3d 232, 238-39 (3rd Cir.2010), alter this conclusion. McCauley held that a student disciplined for violating a provision in the student code of conduct had standing...

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