BELL v. LITTLE AXE INDEPENDENT SCHOOL DIST. NO. 70

Nos. 83-1458, 83-1493.

766 F.2d 1391 (1985)

Joann BELL and Lucille McCord, Plaintiffs-Appellees-Cross-Appellants, v. The LITTLE AXE INDEPENDENT SCHOOL DISTRICT NO. 70 OF CLEVELAND COUNTY; the Board of Education of the Little Axe Independent School District No. 70 of Cleveland County, Elizabeth Butts, Henry Johnson, Charles Littlejim, Bill Scott, individually and as members of the Board of Education of Little Axe Independent School District No. 70 of Cleveland County; and Michael Luther, as a member of the Board of Education of Little Axe Independent School District No. 70 of Cleveland County; and Charles D. Holleyman, individually and as former superintendent of Little Axe Independent School District No. 70 of Cleveland County; and Paul Pettigrew, individually and as superintendent of Little Axe Independent School District No. 70 of Cleveland County; and Larry Garner, individually and as former elementary principal of Little Axe Independent School District No. 70 of Cleveland County; and Randall Prestgrove, individually and as elementary principal of Little Axe Independent School District No. 70 of Cleveland County, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

June 26, 1985.


Attorney(s) appearing for the Case

Micheal Salem of Rawdon and Salem, Norman, Okl., for the American Civil Liberties Union of Oklahoma for plaintiffs-appellees-cross-appellants.

Ruti G. Teitel, Anti-Defamation League of B'nai B'rith, New York City (Justin J. Finger and Jeffrey P. Sinensky, Anti-Defamation League of B'nai B'rith, New York City, and Marc D. Stern, American Jewish Congress, New York City, of counsel), as amici curiae for plaintiffs-appellees-cross-appellants.

William D. Graves, Oklahoma City, Okl., for defendants-appellants-cross-appellees.

Lee Boothby, Attorney for Americans United for Separation of Church and State, Berrien Springs, Miss. (Robert W. Nixon, Washington, D.C., of counsel), filed an amicus brief for plaintiffs-appellees-cross-appellants.

Charles E. Rice of Notre Dame Law School, Notre Dame, Ind., filed an amicus brief for defendants-appellants-cross-appellees.

Samuel E. Ericsson and Kimberlee W. Colby, Attorneys for the Center for Law & Religious Freedom of the Christian Legal Society, Springfield, Va., filed an amicus brief for defendants-appellants-cross-appellees.

Before HOLLOWAY, Chief Judge, and BARRETT and SEYMOUR, Circuit Judges.


SEYMOUR, Circuit Judge.

Plaintiff parents Joann Bell and Lucille McCord sued the Little Axe Independent School District,1 the school board and its individual members, and several administrative officials (the District) under 42 U.S.C. § 1983 (1982), claiming that various District policies and practices violated the Establishment Clause of the First Amendment. In their initial complaint, Bell and McCord sought injunctive relief against...

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