WYKE v. POLK COUNTY SCHOOL BD.

Nos. 95-2799, 95-3653.

129 F.3d 560 (1997)

Carol WYKE, individually and as personal representative of the Estate of Shawn David Wyke, a minor deceased, Plaintiff-Appellee, v. POLK COUNTY SCHOOL BOARD, Max Linton, individually and as Principal of McLaughlin Junior High School of Polk County, and James Butler, individually and as Vice-Principal of McLaughlin Junior High School of Polk County, Defendants-Appellants. Carol WYKE, individually and as personal representative of the Estate of Shawn David Wyke, a minor deceased, Plaintiff-Appellant, v. POLK COUNTY SCHOOL BOARD, Max Linton, individually and as Principal of McLaughlin Junior High School of Polk County, and James Butler, individually and as Vice-Principal of McLaughlin Junior High School of Polk County, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 19, 1997.


Attorney(s) appearing for the Case

Dabney Loy Conner, Wofford H. Stidham, Lane, Trohn, Clarke, Bertrand, Vreeland & Jacobson, P.A., Bartow, FL, for Defendants-Appellants in 95-2799 and Defendants-Appellees in 95-3653.

Mark G. Morgan, M.D., Law Offices of Rood and Morgan, Tampa, FL, for Wyke.

Before ANDERSON, Circuit Judge, and KRAVITCH and FAY, Senior Circuit Judges.


FAY, Senior Circuit Judge:

This litigation arises from the tragic suicide of a 13 year old boy. The trial court dismissed the federal claim, submitted the common law negligence questions to the jury, and entered judgment based upon the jury verdict. These consolidated appeals raise the following issues: (1) whether plaintiff's § 1983 claim was so "insubstantial" as to deprive the district court of federal question jurisdiction; (2) whether the defendants violated...

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