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D.J.M., A Minor Child, By Next Friend, D.M.; D.M., Father of D.J.M.; J.M., Mother of D.J.M v. Hannibal Public School District #60; Jill Janes

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Submitted: January 12, 2011

Before MURPHY, BYE, and MELLOY, Circuit Judges.

D.J.M., a student in the Hannibal Public School District #60 (the District), sent instant messages from his home to a classmate in which he talked about getting a gun and shooting some other students at school. The alarmed recipient and a trusted adult she had consulted contacted the school principal about their concerns. School authorities decided they must notify the police, who took a statement from D.J.M. that evening and then placed him in juvenile detention. D.J.M. was subsequently suspended for ten days and later for the remainder of the school year. His parents later brought this action under 42 U.S.C. § 1983, alleging that the District violated D.J.M.’s First Amendment rights. Both sides moved for summary judgment. The district court granted summary judgment to the District on D.J.M.’s constitutional *fn1 claims and remanded his state claim for administrative review. Both D.J.M. and the *fn2 District appeal. We affirm.

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