Tyler Chase Harper, a minor, by v. Poway Unified School District

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 TYLER CHASE HARPER, a minor, by
and through his parents Ron and
Cheryl Harper; RON HARPER; CHERYL
HARPER,
Plaintiffs-Appellants,
v.
POWAY UNIFIED SCHOOL DISTRICT;
JEFF MANGUM; LINDA VANDERVEEN;
PENNY RANFTYLE; STEVE MCMILLAN;
ANDY PATAPOW, All Individually and No. 04-57037 in their official capacity as Members
of the Board of the Poway Unified D.C. No.
School District; DONALD A. PHILLIPS, CV-04-01103-JAH
Individually, and in his official Southern District
capacity as Superintendent of the of California, 
Poway Unified School District; San Diego
SCOTT FISHER, Individually and in his ORDER
official capacity as Principal of AMENDING
Poway High School; LYNELL OPINION
ANTRIM, Individually and in her
official capacity as Assistant
Principal of Poway High School; ED
GILES, Individually and in his
official capacity as Vice Principal of
Poway High School; DAVID
LEMASTER, Individually and in his
official capacity as Teacher of
Poway High School; DOES 1
THROUGH 20, INCLUSIVE,
Defendants-Appellees. 
5909

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Filed May 31, 2006
Before: Stephen Reinhardt, Alex Kozinski, and
Sidney R. Thomas, Circuit Judges.
ORDER
The majority opinion filed April 29, 2006, is hereby amended
as follows:
1. At Slip Op. at 4676, footnote 28, at the end of
the footnote, add: “We do not exclude, however, the
possibility that some verbal assaults on the core
characteristics of majority high school students
would merit application of the Tinker “intrusion
upon the rights of other students” prong. That ques-
tion is not presently before us.”
The dissenting opinion filed April 29, 2006, is hereby
amended as follows:
1. At Slip Op. at 4710, footnote 11, between <Id.
at 4667.> and <Read broadly, this would protect>,
add: “The majority also does not “exclude . . . the
possibility that some verbal assaults on the core
characteristics of majority high school students
would merit application of the Tinker ‘intrusion
upon the rights of other students’ prong.” Id. at ___
n.28.
Appellants’ petition for rehearing en banc is still pending
before this court.
5910 HARPER v. POWAY UNIFIED SCHOOL DISTRICT

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The summary, which does not constitute a part of the opinion of the court, is copyrighted
© 2006 Thomson/West.

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