HORTON v. MARSHALL PUBLIC SCHOOLS

Civ. No. 83-3038.

589 F.Supp. 95 (1984)

Buford HORTON and Laretta Horton, Husband and Wife, and Phillip Allen Roberson, By and Through His Guardians and Next Friends, Buford Horton and Laretta Horton; Jamie A. Williams and Rhonda Williams, By and Through Janie Williams, Next Friend, Plaintiffs, v. MARSHALL PUBLIC SCHOOLS, Herbert Cleek, Individually and in His Official Capacity as Superintendent of Marshall Public Schools; Spence Holder, Individually and in His Capacity as Principal of Marshall Public Schools; Coy England, Cecil Ray Jennings, Jr., Bob Blare, James Hubbard, and Melvin Englands, Individually and in their Respective Official Capacities as Members and Directors of the School Board of the Marshall School District, Defendants.

United States District Court, W.D. Arkansas, Harrison Division.

Filed June 1, 1984.


Attorney(s) appearing for the Case

Marcia McIvor, Ozark Legal Services, Fayetteville, Ark., Margaret Reger, Ozark Legal Services, Harrison, Ark., for plaintiffs.

W. Paul Blume, Little Rock, Ark., for defendants.


MEMORANDUM OPINION

H. FRANKLIN WATERS, Chief Judge.

This action arises out of the efforts of Phillip Roberson and Rhonda Williams to be enrolled as students in the Marshall Public Schools. On about September 13, 1982, Phillip Roberson, who was 17 years old, was brought by his father to Marshall, Arkansas, to live with his mother, Barbara Roberson, and his uncle and aunt, Buford and Laretta Horton, all residents of the Marshall School District. Prior to this...

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