LILLARD v. SHELBY COUNTY BD. OF EDUC.

No. 94-5694.

76 F.3d 716 (1996)

Thomas D. LILLARD and Nell P. Lillard, individually and as parents and next friends of minor child, Andrea Lillard; David McCarter, Carol L. McCarter, and Julie McCarter; David C. Little and Brenda J. Little, individually and as parents and next friends of minor child, Lori Briana Little, Plaintiffs-Appellants, v. SHELBY COUNTY BOARD OF EDUCATION; James R. Anderson, Superintendent, Shelby County Schools; Ernest Chism, Principal, Germantown High School; and Gary Leventhal, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 21, 1996.


Attorney(s) appearing for the Case

Louis R. Lucas (argued and briefed), Memphis, TN, for plaintiffs-appellants.

J. Cecil McWhirter (briefed), Walsh, McWhirter & Wyatt, Memphis, TN, for James R. Anderson, Ernest Chism.

Buckner P. Wellford (briefed), Cheryl R. Estes (argued), Thomason, Hendrix, Harvey, Johnson & Mitchell, Memphis, TN, for Gary Leventhal.

Jennifer A. Beene (argued), County Attorney's Office for County of Shelby, J. Minor Tait, Jr., McDonald Kuhn, Memphis, TN, for Shelby County Bd. of Educ.

Before NELSON, RYAN, and McKAY, Circuit Judges.


RYAN, J., delivered the opinion of the court, in which McKAY, J., joined. NELSON, J. (p. 730), delivered a separate opinion concurring in the judgment.

RYAN, Circuit Judge.

The plaintiffs appeal from the district court's judgment granting, in part, the defendants' motions to dismiss or for summary judgment in this suit alleging violations of Title IX, 20 U.S.C. §§ 1681-1688, and of the First and Fourteenth Amendments, through 42 U.S.C. § 1983...

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