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HOLTHAUS v. BOARD OF EDUC., CINCINNATI PUBLIC SCHOOLS

No. 92-3422.

986 F.2d 1044 (1993)

Dennis R. HOLTHAUS, Plaintiff-Appellant, v. BOARD OF EDUCATION, CINCINNATI PUBLIC SCHOOLS; Lee Etta Powell, Doctor, Superintendent in her official capacity, Cincinnati Public Schools, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 2, 1993.

Attorney(s) appearing for the Case

Robert C. Cetrulo, Covington, KY, Mark A. MacDonald (argued and briefed), Lindhorst & Dreidame, Cincinnati, OH, Stephen T. McMurtry, McMurtry & Wolff, Covington, KY, for plaintiff-appellant.

David T. Croall (argued and briefed), James K.L. Lawrence, Frost and Jacobs, John J. Finnigan, Jr., McCaslin, Imbus & McCaslin, Cincinnati, OH, for Board of Educ., Cincinnati Public Schools.

David T. Croall, James K.L. Lawrence, Frost and Jacobs, John P. Concannon, Cincinnati, OH, for Lee Etta Powell, Doctor, Superintendent in her official capacity, Cincinnati Public Schools.

Before: KENNEDY and GUY, Circuit Judges; and BROWN, Senior Circuit Judge.

BAILEY BROWN, Senior Circuit Judge.

Plaintiff Dennis Holthaus appeals the district court's grant of summary judgment in favor of defendants Cincinnati Board of Education ("School Board") and Dr. Lee Etta Powell in her official capacity as Superintendent of Schools. Suing under 42 U.S.C. § 1983 (1988), Holthaus claims that his constitutional right under the Fourteenth Amendment to substantive due process was violated when defendants terminated his one year high...

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