MONAHAN v. STATE OF NEB.

Nos. 80-1436, 80-1469.

645 F.2d 592 (1981)

James H. MONAHAN, as next friend of Daniel J. Monahan; George Rose, as next friend of Marla Rose, Appellees, v. STATE OF NEBRASKA, Charles Thone, Governor of The State of Nebraska, Board of Education, School District # 1, Douglas County, Nebraska, Owen Knutzen, Individually, and as Superintendent of School District # 1, Douglas County, Nebraska, Dale Samuelsen, Individually, and as Assistant Superintendent in Charge of Special Education, of School District # 1, Douglas County, Nebraska, Anne Campbell, Commissioner of Education for the State of Nebraska, State Board of Education, Walter M. Thompson, Individually, and as a Member of the State Board of Education, Margaret Lockwood, Individually, and as a Member of the State Board of Education, Frank E. Landis, Individually, and as a Member of the State Board of Education, Don M. Lienemann, Individually, and as a Member of the State Board of Education, Dorothy Creigh, Individually, and as a Member of the State Board of Education, Arlene E. Hart, Individually, and as a Member of the State Board of Education, William C. Ramsey, Individually, and as a Member of the State Board of Education, Dorothy Beaver, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, June Bostwick, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, Walter Calinger, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, Pat Geringer, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, Leo Hoffman, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, Gaynelle Goodrich, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, Ruth Thomas, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, Frank Bogard Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, Ron McGruder, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, James A. Monaghan, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, James Beutel, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, and Leo Kastrick, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, Appellants. James H. MONAHAN, as next friend of Daniel J. Monahan, Appellant, George Rose, as next friend of Marla Rose, v. STATE OF NEBRASKA, Charles Thone, Governor of The State of Nebraska, Board of Education, School District # 1, Douglas County, Nebraska, Owen Knutzen, Individually, and as Superintendent of School District # 1, Douglas County, Nebraska, Dale Samuelsen, Individually, and as Assistant Superintendent in Charge of Special Education, of School District # 1, Douglas County, Nebraska, Anne Campbell, Commissioner of Education for the State of Nebraska, State Board of Education, Walter M. Thompson, Individually, and as a Member of the State Board of Education, Margaret Lockwood, Individually, and as a Member of the State Board of Education, Frank E. Landis, Individually, and as a Member of the State Board of Education, Don M. Lienemann, Individually, and as a Member of the State Board of Education, Dorothy Creigh, Individually, and as a Member of the State Board of Education, Arlene E. Hart, Individually, and as a Member of the State Board of Education, William C. Ramsey, Individually, and as a Member of the State Board of Education, Dorothy Beaver, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, June Bostwick, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, Walter Calinger, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, Pat Geringer, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, Leo Hoffman, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, Gaynelle Goodrich, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, Ruth Thomas, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, Frank Bogard, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, Ron McGruder, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, James A. Monaghan, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, James Beutel, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, and Leo Kastrick, Individually, and as a Member of the Board of Education, School District # 1, Douglas County, Nebraska, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 1, 1981.


Attorney(s) appearing for the Case

Paul L. Douglas, Atty. Gen., Harold Mosher, Asst. Atty. Gen., State of Neb., Lincoln, Neb., John P. Heil, Baird, Holm, McEachen, Pedersen, Hamann & Haggart, Omaha, Neb., for appellants.

Quintin S. Hughes, Bellevue, Neb., for appellee Rose.

James H. Monahan, pro se.

Mino St. Lucas, Omaha, Neb., for appellees.

Before STEPHENSON and HENLEY, Circuit Judges, and HUNTER, District Judge.


HENLEY, Circuit Judge.

The State of Nebraska, the Omaha School District, and others (collectively defendants) appeal from an order of the district court1 granting a preliminary injunction in favor of plaintiff Marla Rose. Plaintiff Daniel Monahan also cross-appeals from the court's denial of his request for a preliminary injunction.

The primary issue2 raised by plaintiffs in the district court was whether...

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