JOHNSTON-LOEHNER v. O'BRIEN

No. 92-CV-1824.

859 F.Supp. 575 (1994)

Marian JOHNSTON-LOEHNER, as personal representative and next friend of Amber Johnston-Loehner, minor child, Plaintiff, v. Philip O'BRIEN, Principal, Lime Street Elementary School, Lakeland, Florida, Defendant, Beverly Hall, Teacher, Lime Street Elementary School, Lakeland, Florida, Defendant, Lime Street Elementary School, located in Lakeland, Florida, Defendant, Neriah Roberts, Superintendent, School District of Polk County, Northwest District, Lakeland, Florida, Defendant, School District of Polk County, Northwest District, Lakeland, Florida, Defendant, John A. Stewart, Superintendent of Schools, The School Board of Polk County, Bartow, Florida, Defendant, School Bd. Polk Co., Bartow, Florida, Defendant.

United States District Court, M.D. Florida, Tampa Division.

June 9, 1994.


Attorney(s) appearing for the Case

Mathew Duane Staver, Staver & Associates, Orlando, FL, for plaintiff.

Jonathan Stidham, Boswell, Stidham, Purcell, Conner, Wilson & Brewer, P.A., Bartow, FL, for defendants.


MERHIGE, District Judge.

This matter is before the Court on a claim by an elementary school student that a public school and various affiliated Defendants violated her right to freedom of speech. Plaintiff's action arises under the First and Fourteenth Amendments to the Constitution and under sections 19831 and 19882 of title 42 of the United States Code. At issue is a school policy requiring students who wish...

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