Kelson v. City of Springfield

767 F.2d 651 (1985)

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Kelson v. City of Springfield

United States Court of Appeals for the Ninth Circuit
767 F.2d 651 (1985)

Facts

Brian Kelson, a 14-year-old boy, brought a loaded revolver to school, brandished it, and demanded that his teacher hand over coins in a desk drawer. The teacher did so and then convinced Brian to step into an empty room with the vice principal. In the room, Brian showed the vice principal a suicide note. Meanwhile, the school had notified local authorities, who arrived on the scene. As Brian and the vice principal were leaving the room and walking to the principal’s office, a police officer shouted at Brian claiming that Brian was “in trouble with the law.” Brian then went into the boys’ restroom and shot and killed himself. His parents (the Kelsons) (plaintiffs) filed suit under 42 U.S.C. § 1983 against the officer and the City of Springfield (defendants), claiming that the officer’s actions caused their son’s death and thereby deprived them of their right to association with their son. The district court found that parents do not possess a constitutionally protected interest in the companionship and society of their children. The Kelsons appealed.

Rule of Law

Issue

Holding and Reasoning (Alarcon, J.)

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