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| LOUISE CORALES; JAMIE SOLTERO; THE ESTATE OF ANTHONY J. SOLTERO; ...GUILLERMO PRIETO, Plaintiffs-Appellants, v. GENE BENNETT; THE ONTARIOMONTCLAIR SCHOOL DISTRICT; KATHLEEN KINLEY, Defendants-Appellees. Filed June 1, 2009 On March 28, 2006, Anthony Soltero, Annette Prieto, and two other students walked out of De Anza Middle School with the intent to participate in protests in their neighborhood against then-pending immigration reform measures. Two days later, they were disciplined for their one-day absence from school by Vice Principal Gene Bennett (Bennett), who took away one of their year-end activities and lectured them harshly regarding the possible legal consequences of truancy, including police involvement, a $250 fine, and a juvenile hall sentence. Tragically, Anthony committed suicide after school that day. Anthony’s parents and one of the other students brought this action against Bennett, Principal Kathleen Kinley (Kinley), and the Ontario-Montclair School District, alleging violations of the students’ and parents’ civil rights under 42 U.S.C. § 1983; violations of California’s Unruh Act; intentional infliction of emotional distress, and negligently causing Anthony’s suicide. The district court granted summary judgment to Defendants. Because Bennett did not violate the students’ constitutional rights, there is no evidence that Bennett intended to harm the students, and because Anthony’s death was not proximately caused by Bennett’s actions, we affirm... |
| Link to full decision School wins lawsuit regarding boy's suicide Corales v. Bennett US 9th Cir. |