ROBERTS v. MADIGAN

No. 89-1014.

921 F.2d 1047 (1990)

Kenneth ROBERTS, Marc Nelson, and Zay Nelson, Parents and Next Friends of Kelly Nelson and Amy Nelson, and Debra J. White, Parent and Next Friend of Kelly White, Plaintiffs-Appellants, v. Kathleen MADIGAN and Adams County School District No. 50, Defendants-Appellees, Anti-Defamation League of B'Nai B'Rith, American Civil Liberties Union Foundation of Colorado, Inc., and American Jewish Congress, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

December 17, 1990.


Attorney(s) appearing for the Case

Jordan W. Lorence of Concerned Women for America Legal Foundation, Washington, D.C. (Cimron Campbell and Mark N. Troobnick of Concerned Women for America Legal Foundation, Washington, D.C., Wendell R. Bird, Atlanta, Ga., and Roger Westlund, Thornton, Colo., with him on the briefs), for plaintiffs-appellants.

Martin Semple (Franklin A. Nachman with him on the brief), Semple & Jackson, P.C., Denver, Colo., for defendants-appellees.

Phillip S. Figa and Candace C. Figa of Burns & Figa, P.C., Bradley A. Levin of Breit, Best, Richman & Bosch, P.C., Denver, Colo., for amicus curiae.

Jeffrey P. Sinensky, Steven M. Freeman, Richard E. Shevitz, and Meyer Eisenberg of Anti-Defamation League of B'Nai B'rith, and Professor Ruti Teitel, New York Law School, New York City, of counsel, on the brief, for amicus curiae, Anti-Defamation League of B'Nai B'rith.

John Preston Baker of Coghill & Goodspeed P.C., Robert W. Thompson, Jr., and David Miller, Legal Director, American Civ. Liberties Union of Colorado, Denver, Colo., on the brief, for amicus curiae, American Civ. Liberties Union of Colorado.

Marc D. Stern, Lois C. Waldman, Amy Adelson, and Jeremy S. Garber, American Jewish Congress, New York City, on the brief, for amicus curiae American Jewish Congress.

Before McKAY and BARRETT, Circuit Judges, and O'CONNOR, Chief District Judge.


McKAY, Circuit Judge.

This is an appeal from a judgment by the district court denying plaintiffs' claims for damages and all but one claim for injunctive relief against defendants Kathleen Madigan and the Adams County School District No. 50.

I. Facts

Plaintiff Kenneth Roberts is a fifth-grade school teacher at the Berkeley Gardens Elementary School in Denver, which is part of the Adams County School District No. 50. Kelly Nelson, Amy Nelson, and...

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