Move along, folks... Nothing to be found here.

 

FACIALLY LAWFUL SINCE 1998

FACTS

 
MAYDAY IN AMERICA! SECRET THINGS CRIME SCENE NUTS AND EXTREMISTS
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Welcome To Killercop.com Where Today Only One Student Killed Himself. Sounds Like He Was An Objective, Reasonable, True Listener.

 

See United States v. Twine, 853 F.2d 676, 680 (9th Cir. 1988) (finding that an "intent to threaten" requires "a showing of specific intent"); United States v. Ross, 206 F.3d 896, 898-99 (9th Cir. 2000)

 

Whether an objective or subjective test is used to determine if a communication constitutes a "true" threat is not settled law in the Ninth Circuit, see United States v. Sutcliffe, 505 F.3d 944, 961-62 (9th Cir.2007) (recognizing conflict in Ninth Circuit case law); United States v. Stewart, 420 F.3d 1007, 1016-18 (9th Cir.2005) (same), although other circuits apply an objective test, see United States v. Davila, 461 F.3d 298, 304-05 (2d Cir.2006); United States v. Koski, 424 F.3d 812, 817 (8th Cir.2005); United States v. Fuller, 387 F.3d 643, 646 (7th Cir.2004); United States v. Zavrel, 384 F.3d 130, 136 (3d Cir.2004).

 

And it still is not in 2011 (See Fn.11.)

 

Court absolves school officials of responsibility in student's suicide

 

One student killed himself.

 

Federal appellate court says Ontario-Montclair School District officials acted appropriately in disciplining four students who skipped school to attend a rally. One student killed himself.
By Carol J. Williams
June 1, 2009
Ontario-Montclair School District officials acted appropriately in disciplining four students who skipped school to attend an immigration rally, even though one boy was so traumatized by threatened punishments that he committed suicide, a federal appeals court panel ruled Monday.

The case brought by the dead boy's parents raised an array of questions about the students' constitutional rights to attend the rally as an act of free expression and the latitude of DeAnza Middle School Vice Principal Gene Bennett in sanctioning the truant protesters.

After Bennett lectured the young teenagers, warning that they could go to Juvenile Hall for three years and expose their parents to monetary fines, Anthony Soltero, then a 14-year-old eighth-grader, shot himself to death with his stepfather's rifle.

Soltero's parents, Louise Corales and Jamie Soltero, as well as one of the other students, sued the school district, alleging intentional infliction of emotional distress.

The four students left school without permission on March 28, 2006, to take part in a protest against impending changes to federal immigration laws.

Louise Corales said her son called her shortly before shooting himself to death March 30, saying that he was suspended from school and had been told by Bennett that he was going to jail.

U.S. District Court Judge Stephen G. Larson had dismissed the parents' suit in 2007, prompting the appeal to the San Francisco-based U.S. 9th Circuit Court of Appeals.

While determining the students' action to have been an expression of opinion that could be protected by the 1st Amendment, the three-judge panel said the students were being punished for truancy, not for engaging in protected free speech.

The decision exonerated Bennett and another school official, Kathleen Kinley, of responsibility for Soltero's suicide, stating that the tragic occurrence was "unforeseeable and extraordinary" but not the result of negligence or excessive punishment.

"Because Bennett's statements could not be interpreted as intended to cause any unlawful injury to the students, they did not constitute a true threat of corporal punishment," the appeals panel said.

The parents' attorney, R. Samuel Paz, said he needed to further study the 9th Circuit opinion before advising his clients on whether to appeal.

"At this point I just have to deal with the sadness of them and figure out what is the right thing to do from here," Paz said.

The opinion was written by Senior Circuit Judge Cynthia Holcomb Hall, an appointee of President Ronald Reagan, and joined by Circuit Judge Harry Pregerson, named to the bench by President Jimmy Carter, and visiting U.S. District Court Judge David Alan Ezra of Hawaii, another Reagan appointee.

carol.williams@latimes.com

 

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