DARIANO v. MORGAN HILL UNIFIED SCHOOL DIST.

No. 11-17858.

767 F.3d 764 (2014)

John DARIANO; Dianna Dariano, on behalf of their minor child, M.D.; Kurt Fagerstrom; Julie Ann Fagerstrom, on behalf of their minor child, D.M.; Kendall Jones; Joy Jones, on behalf of their minor child, D.G., Plaintiffs-Appellants, v. MORGAN HILL UNIFIED SCHOOL DISTRICT; Nick Boden, in his official capacity as Principal, Live Oak High School; Miguel Rodriguez, in his individual and official capacity as Assistant Principal, Live Oak High School, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 27, 2014.

Amended September 17, 2014.


Attorney(s) appearing for the Case

Robert J. Muise (argued), American Freedom Law Center, Ann Arbor, MI; William J. Becker, Jr. , Freedom X, Los Angeles, CA; Erin Mersino , Thomas More Law Center, Ann Arbor, MI, for Plaintiffs-Appellants.

Don Willenburg (argued), Mark S. Posard , and Alyson S. Cabrera , Gordon & Rees LLP, San Francisco, CA, for Defendants-Appellees.

Before: SIDNEY R. THOMAS and M. MARGARET McKEOWN, Circuit Judges, and VIRGINIA M. KENDALL, District Judge.


Order; Dissent to Order by Judge O'Scannlain; Opinion by Judge McKeown.

ORDER

The opinion filed on February 27, 2014, appearing at 745 F.3d 354 (9th Cir.2014), is hereby amended. An amended opinion is filed concurrently with this order.

With these amendments, the panel has voted to deny the petition for panel rehearing.

The full court has been advised of the petition for rehearing and rehearing en banc. A...

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