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MAYNARD v. GREATER HOYT SCHOOL DIST. NO. 61-4

No. Civ. 93-4191.

876 F.Supp. 1104 (1995)

David MAYNARD, Cathy Maynard, and J.M., by and through his next friends, David and Cathy Maynard, Plaintiffs, v. GREATER HOYT SCHOOL DISTRICT NO. 61-4; Gregory Heeren, Chairman of the Greater Hoyt School Board (individually and in his official capacity); Audrey Ericson, member of the Greater Hoyt School Board (individually and in her official capacity); Lynn Johnson, member of the Greater Hoyt School Board (individually and in his official capacity); Martha Morin, member of the Greater Hoyt School Board (individually and in her official capacity); Cynthia Hayes, member of the Greater Hoyt School Board (individually and in her official capacity); Marcene Heeren, individually; and Raymond Heeren, individually, Defendants.

United States District Court, D. South Dakota, Southern Division.

February 21, 1995.

Attorney(s) appearing for the Case

Michael J. Butler, Butler and Nesson, P.C., Mark V. Meierhenry, Danforth, Meierhenry & Meierhenry, Sioux Falls, SD, for plaintiffs.

Susan Jansa Brunick, Michael L. Luce, Davenport, Evans, Hurwitz & Smith, Sioux Falls, SD, for defendant School Bd. & Members.

Thomas J. Nicholson, Johnson, Eklund, Nicholson, Dougherty & Abourezk, Sioux Falls, SD, for defendant Marcene Heeren.

Daryl L. Hecht, Crary, Huff, Raby, Inkster, Hecht & Sheehan, Sioux City, IA, for defendant Raymond Heeren.

MEMORANDUM OPINION AND ORDER

JOHN B. JONES, Senior District Judge.

The Court took under advisement the defendants' motions to dismiss and motions for summary judgment. For the reasons set forth below, summary judgment will be granted to defendants on the federal claims and the pendent state law claims will be dismissed.

Background

David and Cathy Maynard have a son, J.M., who is autistic. The Maynards live in Greater Hoyt School...

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