Free Judgment - District Court of Arizona - Arizona

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Kenneth Lyon, et al., Plaintiff, v. Estrella Mountain High School, et al., Defendant. X

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JUDGMENT IN A CIVIL CASE CV 03-2306-PHX-JAT

Decision by Court. This action came for consideration before the Court. The issues have been considered and a decision has been rendered.

IT IS ORDERED AND ADJUDGED having granted Defendant's Rule 50 Motion, judgment is entered in favor of the Defendants in this case. The Court finds that plaintiff has failed to meet her burden of proof and the Court concludes that no reasonable jury could find in favor of the plaintiff. Although the Court's findings on the plaintiff's equal protection claim does not require the Court to reach the question of qualified immunity, the Court finds that even if somehow there is an equal protection claim stated, the doctrine of qualified immunity does shield the defendants from liability in this case. The Court further finds that the plaintiff has failed to present evidence from which a reasonable jury could find that the Buckeye School District's conduct was prohibited by law or a reasonable official could find otherwise. Since the plaintiff has reached majority, there would be no claim of the parents. Therefore, the Court finds that the parents, Towanda Lyon and Kenneth Lyon, should be dismissed as plaintiff's in this case. RICHARD H. WEARE District Court Executive/Clerk s/Shelly Butout By: Shelly Butout Deputy Clerk
Case 2:03-cv-02306-JAT Document 86 Filed 06/28/2006 Page 1 of 2

June 28, 2006

cc: (all counsel)

Case 2:03-cv-02306-JAT

Document 86

Filed 06/28/2006

Page 2 of 2