BAYNARD v. MALONE

Nos. 00-2340, 00-2341, 00-2568 and 00-2569.

268 F.3d 228 (2001)

Jackson BAYNARD, Plaintiff-Appellee, v. Catherine MALONE, former principal of the Charles Barrett Elementary School, Defendant-Appellant, and Craig J. Lawson; Alexandria City School Board, a body corporate; Paul Masem, individually and in his official capacity as former Superintendent of Schools, Alexandria City Public Schools; O.F. Dutch Beckhoff, individually and in his official capacity as former Assistant Superintendent of Alexandria City Public Schools; Maxine J. Wood, individually and in her official capacity as Assistant Superintendent of Alexandria City Public Schools; Sports International, Incorporated, a Maryland corporation; Conway School Board, a New Hampshire regional school board; Robert Kautz, individually and in his official capacity as former Superintendent of Conway School Board, Defendants. Jackson Baynard, Plaintiff-Appellant, v. Alexandria City School Board, a body corporate; Paul Masem, individually and in his official capacity as former Superintendent of Schools, Alexandria City Public Schools; O.F. Dutch Beckhoff, individually and in his official capacity as former Assistant Superintendent of Alexandria City Public Schools, Defendants-Appellees, and Catherine Malone, former principal of the Charles Barrett Elementary School; Craig J. Lawson; Maxine J. Wood, individually and in her official capacity as Assistant Superintendent of Alexandria City Public Schools; Sports International, Incorporated, a Maryland corporation; Conway School Board, a New Hampshire regional school board; Robert Kautz, individually and in his official capacity as former Superintendent of Conway School Board, Defendants. Jackson Baynard, Plaintiff-Appellee, v. Catherine Malone, former principal of the Charles Barrett Elementary School, Defendant-Appellant, and Craig J. Lawson; Alexandria City School Board, a body corporate; Paul Masem, individually and in his official capacity as former Superintendent of Schools, Alexandria City Public Schools; O.F. Dutch Beckhoff, individually and in his official capacity as former Assistant Superintendent of Alexandria City Public Schools; Maxine J. Wood, individually and in her official capacity as Assistant Superintendent of Alexandria City Public Schools; Sports International, Incorporated, a Maryland corporation; Conway School Board, a New Hampshire regional school board; Robert Kautz, individually and in his official capacity as former Superintendent of Conway School Board, Defendants. Jackson Baynard, Plaintiff-Appellant, v. Catherine Malone, former principal of the Charles Barrett Elementary School; Alexandria City School Board, a body corporate; Paul Masem, individually and in his official capacity as former Superintendent of Schools, Alexandria City Public Schools; O.F. Dutch Beckhoff, individually and in his official capacity as former Assistant Superintendent of Alexandria City Public Schools, Defendants-Appellees, and Craig J. Lawson; Maxine J. Wood, individually and in her official capacity as Assistant Superintendent of Alexandria City Public Schools; Sports International, Incorporated, a Maryland corporation; Conway School Board, a New Hampshire regional school board; Robert Kautz, individually and in his official capacity as former Superintendent of Conway School Board, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: September 26, 2001.


Attorney(s) appearing for the Case

ARGUED: William T. Bennett, Burch & Cronauer, P.C., Washington, DC, for Appellants. Stephen C. Glassman, Glassman & Bullock, Vienna, Virginia; Francis Joseph Prior, Jr., Siciliano, Ellis, Dyer & Boccarosse, Fairfax, Virginia, for Appellees.

ON BRIEF: Larry N. Burch, Tobi Burch-Rates, Burch & Burch-Rates, L.L.C., Greenbelt, Maryland, for Appellee Baynard. William J. Carter, Thomas L. McCally, Tina M. Maiolo, Carr Goodson, P.C., Washington, DC, for Appellee Masem.

Before WILKINS and MICHAEL, Circuit Judges, and Irene M. KEELEY, Chief United States District Judge for the Northern District of West Virginia, sitting by designation.


Affirmed by published opinion. Judge WILKINS wrote the majority opinion, in which Chief Judge KEELEY joined. Judge MICHAEL wrote an opinion concurring in part and dissenting in part.

OPINION

WILKINS, Circuit Judge:

Jackson Baynard brought this action pursuant to 42 U.S.C.A. § 1983 (West Supp.2000) and Title IX of the Education Amendments of 1972, see 20 U.S.C.A. §§ 1681-88 (West 2000), against Catherine Malone, Otto Beckhoff...

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