DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
101428P.pdf 08/01/2011 D.J.M. v. Hannibal Public School Dist.
U.S. Court of Appeals Case No: 10-1428
and No: 10-1579
U.S. District Court for the Eastern District of Missouri - Hannibal
[PUBLISHED] [Murphy, Author, with Bye and Melloy, Circuit Judges]
Civil case - Civil rights. True threats are not protected by the First
Amendment and here the school district was given enough information
that it reasonably feared DJM had access to a handgun and was thinking
about shooting specific classmates; in light of the district's obligation to
protect its students and reasonable concerns created by other school
shooting incidents, the district did not violate DJM's First Amendment
rights by notifying the police about the messages and subsequently
suspending him after he was placed in juvenile detention; the action was
also appropriate under the school's authority to prevent a substantial
disruption of school activities; district court did not abuse its discretion
in remanding DJM's state law claim for administrative relief to Missouri
state court after it dismissed his Section 1983 claims.