ZELL v. RICCI

Nos. 18-1372 18-1608.

957 F.3d 1 (2020)

Beth ZELL, individually and on behalf of K.Z., a minor; Mark Zell, individually and on behalf of K.Z., a minor, Plaintiffs/Cross-Appellees, Kelsey Zell, Plaintiff, Appellant/Cross-Appellee, v. Barry RICCI, Superintendent of Chariho Regional School District, in his official capacity; Ryan Bridgham, Dean of Students, Chariho High School, in his individual and official capacities; Laurie Weber, former Principal of Chariho High School, in her individual and official capacities; Craig Louzon, former Chair of the Chariho School Committee, in his individual and official capacities, Defendants, Appellees/Cross-Appellants, Chariho Regional School District, by and through its Superintendent, Barry Ricci; Jon Anderson, Chariho Regional School District Attorney; Chariho School Committee, by and through its Chairperson, Sylvia Stanley, in her official capacity; Rachel McGinley, in her individual capacity; Rhode Island Department of Education, by and through its Commissioner, Ken Wagner; Ken Wagner, in his official and individual capacities; Rhode Island Council of Elementary and Secondary Education, by and through its Chair, Daniel McConaghy; Daniel P. McConaghy, in his individual and official capacities, Defendants, Appellees.

United States Court of Appeals, First Circuit.

April 20, 2020.


Attorney(s) appearing for the Case

Paige A. Munro-Delotto , Providence, RI, with whom Munro-Delotto Law, LLC was on brief, for appellant/cross-appellee.

Mark T. Reynolds , Providence, RI, with whom Reynolds, DeMarco & Boland, Ltd., Sara A. Rapport , Providence, RI, and Whelan Corrente & Flanders were on brief, for appellees/cross-appellants Ryan Bridgham, Laurie Weber, Craig Louzon, and Barry Ricci.

Mark T. Reynolds , Providence, RI, with whom Reynolds, DeMarco & Boland, Ltd., Sara A. Rapport , Providence, RI, Whelan Corrente & Flanders, Jon M. Anderson , and Brennan, Recupero, Cascione, Scungio, & McAllister, LLP were on brief, for appellees Chariho Regional School District, Chariho School Committee, and Jon M. Anderson.

Paul Sullivan , Sullivan Whitehead & DeLuca LLP, Providence, RI, and Anthony F. Cottone , Rhode Island Department of Education, on brief for appellees Rhode Island Council on Elementary and Secondary Education, by and through its Chair, Barbara Cottam, and Rhode Island Department of Education, by and through its Commissioner, Ken Wagner.

Before Torruella, Thompson, and Kayatta, Circuit Judges.


High school is not without its unique challenges, this much we know; we also know that the same can be said for bringing a civil lawsuit and navigating the rigors associated with contentious litigation. Each of these dynamics comes together in the case now before us: Kelsey Zell ("Zell") appeals the United States District...

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