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HOWLETT EX REL. HOWLETT v. ROSE

No. 87-3583.

537 So.2d 706 (1989)

Mark HOWLETT, a Minor, by and through Elizabeth HOWLETT, His Mother, Natural Guardian and Next Friend, Appellant, v. Scott ROSE, As Superintendent of Schools for Pinellas County, Florida; William Grey, Thomas Petit and the School Board of Pinellas County, Florida, Appellees.

District Court of Appeal of Florida, Second District.

February 1, 1989.

Attorney(s) appearing for the Case

Gardner W. Beckett, Jr. of Nelson, Beckett & Nelson, St. Petersburg, for appellant.

Christa L. Collins-Johnson and Luis Prats of Blasingame, Forizs & Smiljanich, P.A., St. Petersburg, for appellees.

CAMPBELL, Chief Judge.

This appeal on behalf of appellant, Mark Howlett, a minor, challenges the final order that dismissed with prejudice his complaint for injunctive relief and damages against the school board and several school officials. The state court action brought by appellant below was pursuant to the Judicial Civil Rights Act of 1871, 42 U.S.C. section 1983. Appellant raises three issues on this appeal:

I. WHETHER THE QUESTION OF A STATE AND ITS...

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