Printer Friendly
The Free Library
14,679,069 articles and books
Member login
User name  
Password 
 
Join us Forgot password?

COURT RULING FAVORS STUDENT THREAT REPORT IS PROTECTED.


Byline: Charles F. Bostwick Staff Writer

QUARTZ HILL - An appellate court A court having jurisdiction to review decisions of a trial-level or other lower court.

An unsuccessful party in a lawsuit must file an appeal with an appellate court in order to have the decision reviewed.
 affirmed that a former Quartz Hill High School Quartz Hill High School is a public, co-educational high school located in Lancaster, California. Founded in 1964, it is the third oldest comprehensive high school in the Antelope Valley High School District (AVHSD).  student can't be sued for telling officials a week after the Columbine High School massacre The Columbine High School massacre occurred on Tuesday, April 20, 1999, at Columbine High School in unincorporated Jefferson County, Colorado near Denver and Littleton. Two students, Eric Harris and Dylan Klebold, embarked on a shooting rampage, killing 12 students and a teacher,  that a schoolmate reported he wanted to ``kill people.''

A three-judge panel from the state Court of Appeals' Second Appellate District Division 5 agreed with a 2001 Superior Court decision that the girl's statements were made in the context of an official investigation and were protected by state law from lawsuits.

The 13-page opinion, written by appellate Justice Richard Mosk, said the judge was correct in throwing out the defamation lawsuit under a state law that guards against lawsuits intended to inhibit citizens from exercising political rights - called Strategic Lawsuits Against Public Participation Retaliatory lawsuits intended to silence, intimidate, or punish those who have used public forums to speak, petition, or otherwise move for government action on an issue.

The term strategic lawsuits against public participation
.

Under state law, statements made in investigations conducted by schools or in relation to judicial proceedings judicial proceedings n. any action by a judge re: trials, hearings, petitions, or other matters formally before the court. (See: judicial)  or potential judicial proceedings are absolutely immune from lawsuits, except in lawsuits for malicious prosecution, the opinion said.

The lawsuit was filed over incidents that happened in April 1999, days after two teenagers shot and killed 12 students and a teacher in Littleton, Colo.

While Quartz Hill High School officials were investigating a report about students having pipe bombs, a girl said she overheard a schoolmate say that ``we want to kill people, we're sick of them'' and that later, after she told a vice principal, the boy threatened to ``get'' her, records show.

The justices dismissed the lawsuit's argument that the girl's statements to school and sheriff's officials were not a valid ``exercise'' of free speech rights and that she was not telling the truth.

The justices also dismissed an invasion of privacy invasion of privacy n. the intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded.  claim against the Antelope Valley Union High School District The Antelope Valley Union High School District (A.V.U.H.S.D.) is located in the Antelope Valley area of California, in northern Los Angeles County.

The district includes eight public high schools, one trade school, and two continuation high schools in the cities of Palmdale
 and Los Angeles County, which were accused of ``parading'' the boy around the Quartz Hill High campus in handcuffs hand·cuff  
n.
A restraining device consisting of a pair of strong, connected hoops that can be tightened and locked about the wrists and used on one or both arms of a prisoner in custody; a manacle. Often used in the plural.

tr.v.
 to allow news photographers to photograph him.

``To the extent (the boy) is asserting that the school and the county placed him in a false light by allowing him to be seen as the subject of an investigation into terrorist threats, his argument fails because he was not placed in a false light - he was the subject of the investigation,'' the opinion said.

The youth accused of making the threats was placed on six months of probation, although the criminal charges were dismissed upon his completion of probation, the opinion noted.

The boy was one of two arrested in the Quartz Hill High incident, which drew widespread media coverage. Deputies said the boys had a crude, hand-drawn campus map marked with symbols for explosions, plus bomb-making instructions, but had no explosives.
COPYRIGHT 2002 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2002, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

 Reader Opinion

Title:

Comment:



 

Article Details
Printer friendly Cite/link Email Feedback
Publication:Daily News (Los Angeles, CA)
Date:Dec 26, 2002
Words:436
Previous Article:ANNUAL RV SHOW ROLLS IN TEN-DAY EVENT HELD AT POMONA FAIRPLEX.(Business)(Statistical Data Included)
Next Article:SERVING MEALS TO THE NEEDY.(News)



Related Articles
The cubic zirconia court. (approval of the 'must carry' rules requiring cable TV systems to give channel space to every local broadcast TV station)
First Amendment TOUCHDOWN!
Web Speech Remains Protected, Even When Offensive.(Students' e-mail messages)(Government Activity)(Brief Article)
Safeguarding Rights, Minimizing Exposure.
EDITORIAL : JUDICIAL MEDDLING MAINTAINING STUDENT DISCIPLINE IS GETTING TOUGHER ALL THE TIME.(Editorial)(Editorial)
Is hate free speech? Does the First Amendment protect something as offensive as burning a cross? The Supreme Court will decide. (National).
Research supports testing for drugs.(General News)(Health: An OHSU pilot study compares the responses of athletes in two schools.)
Bible lawsuit sparks death threats against Texas attorney.(Around The States)(Brief Article)
Alito: friend and foe?(SUPREME COURT)(Brief Article)
The first amendment: a user's guide the most famous words in the constitution protect a host of rights for Americans--and still spur debate after 215...

Terms of use | Copyright © 2009 Farlex, Inc. | Feedback | For webmasters | Submit articles