KAY v. DAVID DOUGLAS SCH. DIST. NO. 40

TC A8404-02438; CA A32742; SC S33089.

738 P.2d 1389 (1987)

303 Or. 574

Steven KAY; James M. Strieby; Wendy Deibele; Dora Epstein, by and through Her Mother Bette Disselbrett; and Bette Disselbrett, Respondents On Review, Jill Takashima, Plaintiff. v. DAVID DOUGLAS SCHOOL DISTRICT NO. 40; ANTHONY PALERMINI, Individually and As Superintendent of David Douglas School District No. 40; and Robert Reese, Don Larson, Ed Gustafson, Marge Anderson, Scott Rasmussen, James Olsen, and Ray Rankin, Individually and As Members of the Board of David Douglas School District No. 40, Petitioners On Review.

Supreme Court of Oregon, In Banc.

Decided July 8, 1987.


Attorney(s) appearing for the Case

Kelly Clark, Portland, argued the cause and filed the petition for petitioners on review.

Charles F. Hinkle, Portland, argued the cause and filed the response for respondents on review.


LINDE, Justice.

Plaintiffs sued for declaratory and injunctive relief against inclusion of formal prayer in the commencement exercises of the David Douglas High School graduating class of 1984, relying on provisions of the Oregon Constitution and the federal civil rights law, 42 U.S.C. § 1983. The circuit court entered a judgment granting the requested relief and awarding costs and attorney fees to plaintiffs. The Court of Appeals affirmed the judgment, holding...

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