Free Jury Trial - Completed - District Court of Arizona - Arizona

FILE COPY United States District Court for the District of Arizona March 23, 2006 Jury Trial Minutes Minute Entry - Civil Case No. 2:03-cv-2307

Title: Lyon et al v. Estrella Foothills High School, et al. --------------------------------------------------------------------------------------------------------DOCKET ENTRY MINUTE ENTRY before Judge James A. Teilborg. Court Reporter: David German Appearances: Joseph E. Collins for plaintiff. Georgia A. Staton for defendant. 9:05 a.m. Jury trial - Day 2. Court convenes with counsel and jury present. Henry E. Schmitt testifies further. The witness is excused. Phillip Echeverria is sworn and testifies. The witness is excused. Jerry Nunez is sworn and testifies. 10:25 a.m. Recess. 10:45 a.m. Reconvene with counsel and jury present. The witness is excused. Plaintiff rests. Jerry Nunez testifies further.

11:00 a.m. Jury at recess until 2:00 p.m. Court remains in session. Defendant's Rule 50 Motion is argued to the Court. IT IS ORDERED taking defendants' motion under advisement. Defendant rests. Defendant renews its Rule 50 motion which is under advisement. 11:40 a.m. Lunch recess. Court and counsel to reconvene at 1:45 p.m. 1:48 p.m. Reconvene with counsel present. The jury is not present. The Court previously took under advisement Defendants' Rule 50 Motion. After careful consideration of arguments of the parties and evidence presented, IT IS ORDERED granting Defendants' Rule 50 Motion. Accordingly, 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 finding on the plaintiff's equal protection claim does not require the Court to reach

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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. 2:05 p.m. The jury is now present in the courtroom. The Court advises the jury of its ruling on the Rule 50 motion. The jury is excused from further consideration in this case. 2:15 p.m. Court adjourns.

LATER . . . The exhibits are released back to respective counsel in open Court.

(Time in Court: 2 hrs 43 minutes) ------------------------------------------------------------------------------------------------------CASE ASSIGNED TO: Hon. James A. Teilborg, Judge

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