RUBEK v. BARNHART

No. 86-5137.

814 F.2d 1283 (1987)

Majorie RUBEK as Guardian Ad Litem of Lavita Running Bird, a minor; Genevieve Zelenka as Guardian Ad Litem of Jimmy Seitz, a minor; Alva Bear Heels, as Guardian Ad Litem of Michelle Bear Heels, a minor; Alva Bear Heels, as Guardian Ad Litem of Alvin Bear Heels, Jr., a minor; Janice Castaway, as Guardian Ad Litem of Cory Castaway, a minor and Linda Apple, as Guardian Ad Litem of Antonio Apple, a minor, Appellants, v. Don BARNHART, individually and as Superintendent of White River School District 47-1; Robert Spelts, individually and as Elementary Principal of White River School District 47-1, Appellees, and Kathy McGeehon, individually and as second grade teacher for White River School District 47-1.

United States Court of Appeals, Eighth Circuit.

Decided April 3, 1987.


Attorney(s) appearing for the Case

Michael Strain, White River, S.D., for appellants.

Robert L. Lewis, Rapid City, S.D., for appellees.

Before HEANEY and ROSS, Circuit Judges, and LARSON, District Judge.


ROSS, Circuit Judge.

Plaintiffs/appellants are five mothers or foster mothers acting as guardians ad litem for six children attending public school in White River, South Dakota. All six children were at one time students of Kathy McGeehon, a second-grade teacher in the White River School District. Plaintiffs filed suit in district court under the provisions of 42 U.S.C. § 1983 claiming substantive due process violations as a result of sustaining physical and...

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