SCHAILL BY KROSS v. TIPPECANOE CTY. SCHOOL CORP.

Civ. No. L 87-90.

679 F.Supp. 833 (1988)

Darcy L. SCHAILL, by next friend, William and Mary KROSS; and Shelley M. Johnson, by next friend, Donald C. Johnson, Plaintiffs, v. TIPPECANOE COUNTY SCHOOL CORPORATION, Kenneth J. Koger, Superintendent of Tippecanoe County School Corporation, Gerald P. Risk as President of School Board Trustees, Paul A. Slavens, Joseph Albregts, Richard Harlow, Sr., James Mosley, Robert Berninger, Leslie Bryan, as Board of School Trustees of Tippecanoe School Corporation, Defendants.

United States District Court, N.D. Indiana, Hammond Division.

February 1, 1988.


Attorney(s) appearing for the Case

Louis Pearlman, Jr., Edward J. Nemeth, Lafayette, Ind., Richard A. Waples, Judith A. Stewart, Indianapolis, Ind., for plaintiffs.

James V. McGlone, Laura L. Bowke, Lafayette, Ind., for defendants.


MEMORANDUM AND ORDER

ALLEN SHARP, Chief Judge.

On August 25, 1987, the plaintiffs filed a Complaint for Declaratory and Injunctive Relief, alleging a cause of action under Title 42 U.S.C. § 1983, with jurisdiction founded upon 28 U.S.C. §§ 1331 and 1343(a)(3) and (4).

On September 3, 1987, the court heard arguments of counsel and testimony of witnesses, received exhibits and directed that the parties file supplemental briefs. The defendants...

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