LAMPKIN v. DISTRICT OF COLUMBIA

No. 92-7143.

27 F.3d 605 (1994)

Brenda LAMPKIN, As Legal Guardian of Jessica Lampkin and Christine Lampkin, Minors, et al., Appellants, v. DISTRICT OF COLUMBIA, A Municipal Corporation, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 1, 1994.

As Amended July 28, 1994.


Attorney(s) appearing for the Case

Kerrie C. Dent, Washington, DC, argued the cause for appellants. With her on the briefs were James D. Miller, Maria Foscarinis, and Arthur B. Spitzer, Washington, DC.

Donna M. Murasky, Asst. Corp. Counsel, Washington, DC, for the District of Columbia, argued the cause for appellees. With her on the brief were John Payton, Corp. Counsel, Charles L. Reischel, Deputy Corp. Counsel, and Lutz Alexander Prager, Asst. Deputy Corp. Counsel, Washington, DC.

Deborah E. Greenspan and Gary Thompson, Washington, DC, were on the brief for amici curiae U.S. Representatives Thomas Foglietta, George Miller, Tom Lantos, Louise Slaughter, and Jolene Unsoeld.

Before EDWARDS, BUCKLEY, and SENTELLE, Circuit Judges.


Opinion for the court filed by Circuit Judge BUCKLEY.

Dissenting opinion filed by Circuit Judge SENTELLE.

BUCKLEY, Circuit Judge:

Parents of homeless children residing in the District of Columbia seek to invoke 42 U.S.C. § 1983 to enforce provisions of the Stewart B. McKinney Homeless Assistance Act. Concluding that the McKinney Act does not confer enforceable educational rights on homeless children, the district court granted the District of...

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