Cl.G ON BEHALF OF C.G. v. SIEGFRIED

No. 20-1320.

38 F.4th 1270 (2022)

Cl.G, ON BEHALF OF his minor son, C.G., the aggrieved party, Plaintiff-Appellant, v. Scott SIEGFRIED, Superintendent of Cherry Creek School District; Chris Smith, Chief of Staff for the Educational Services Center of Cherry Creek School District; Ryan Silva, Principal of Cherry Creek High School; Kevin Uhlig, Assistant Principal at Cherry Creek High School; Brynn Thomas, Dean at Cherry Creek High School; Cherry Creek School District No. 5; Carla Stearns, Executive Director of High School Education at Cherry Creek School District, Defendants-Appellees. American Civil Liberties Union; American Civil Liberties Union of Colorado; Foundation for Individual Rights in Education; Cato Institute; Electronic Frontier Foundation; National School Board Association; Colorado Association of School Boards; Kansas Association of School Boards; New Mexico School Boards Association; Wyoming School Boards Association; Utah School Boards Association, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

Filed July 6, 2022.


Attorney(s) appearing for the Case

Jamie Hubbard of Stimson, Stancil, LaBranche, Hubbard, L.L.C. ( Andrew McNulty of Kilmer, Lane & Newman, L.L.P., with her on the briefs), Denver, Colorado, for Plaintiff-Appellant.

Jonathan Fero , (and M. Johnathan Koonce of Semple, Farrington, Everall & Case, P.C., on the brief), Denver, Colorado, for Defendants-Appellees.

Vera Eidelman (and Ben Wizner of American Civil Liberties Union Foundation, New York, New York; Mark Silverstein and Sara Neel , American Civil Liberties Union of Colorado, Denver, Colorado, with her on the brief), for Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Colorado.

Ilya Shapiro of Cato Institute, Washington, D.C.; Darpana Sheth and Ronald G. London of Foundation for Individual Rights in Education, Philadelphia, Pennsylvania, on the brief for Amici Curiae Foundation for Individual Rights in Education and Cato Institute.

Sophia Cope , David Greene and Mukund Rathi of Electronic Frontier Foundation, San Francisco, California, on the brief for Amici Curiae Electronic Frontier Foundation.

Francisco M. Negrón, Jr. , Chief Legal Officer, of National School Boards Association, Alexandria, Virginia; W. Stuart Stuller of Caplan and Earnest, L.L.C., Boulder, Colorado, on the brief for Amici Curiae National School Boards Association, et al.

Before MATHESON, KELLY, and McHUGH, Circuit Judges.


Plaintiff-Appellant Cl.G., on behalf of his minor son, C.G., appeals from the district court's dismissal of his case against Defendants-Appellees Cherry Creek School District (District or CCSD) and various employees thereof for alleged constitutional violations stemming from C.G.'s suspension and expulsion from Cherry Creek...

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