9th Circuit Court Holds “Unlawful” School Has No Immunity

A March 2025 federal appeals court decision places limits on the immunity of schools when disciplining students. In the case of K.J. by & through Johnson v. Jackson, 127 F.4th 1239 (9th Cir. 2025), the court reversed the lower court’s grant of qualified immunity to the school because of the “unlawfulness of their conduct” under prior Supreme Court law. The Ninth Circuit ruled that the extension of a student’s suspension without due process was a clear violation of the student’s rights, rendering the school’s actions not entitled to qualified immunity. They also held that the student may seek expungement of any records of the suspension as prospective relief, and this was not barred by either sovereign or qualified immunity.

If you or your student is facing school suspension or expulsion, this case may have a positive impact, particularly if the school has modified the original charges based on new evidence or reconsidered the discipline. The LLF National Law Firm represents students nationwide who are accused of misconduct. Call (888) 535-3686 or leave your details online, and we will contact you.

K.J. by and through Johnson v. Jackson Decision

The K.J. decision came from the Ninth Circuit Court of Appeals after the trial court dismissed the suit. In this case, the student had been suspended for fighting, and while serving the suspension, the school modified the original charge to a much harsher charge. This extended the student’s suspension considerably. The student sued the school district for violating his constitutional right to due process, but the district court dismissed the suit summarily (without a trial). The student appealed to the U.S. Court of Appeals for the Ninth Circuit.

The Ninth Circuit Court reversed, finding that the school had violated the student’s rights and that the school was not protected by qualified immunity. These rights were settled by the Supreme Court in Goss v. Lopez, holding that students have the following due process rights:

• Notice of the charges.
• If the charges change or are modified, further notice.
• An explanation of the evidence against the student.
• An opportunity to present the student’s version of events (typically through hearing).

Because these due process requirements are settled Supreme Court law, if the school violates them, it is not entitled to qualified immunity. Qualified immunity protects public employees and officials, like school superintendents and school boards, from being sued except where they violate a “clearly established” rule. The K.L. by and through Johnson decision ruled that a failure to provide due process as required by Goss v. Lopez is a violation of “clearly established” law and is therefore not entitled to immunity.

If Your Due Process Rights Were Violated

If your due process rights were violated in a school discipline case, including a Title IX proceeding, the LLF National Law Firm’s Student Defense Team can help. We have a proven track record of fighting for students’ rights. Call us at (888) 535-3686 or leave your details online, and we will contact you.