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HEIDEMANN v. ROTHER

Nos. 94-4112, 95-1136.

84 F.3d 1021 (1996)

Cherry HEIDEMANN, a minor child, June Heidemann, mother and next friend, Nebraska Advocacy Services, Inc., a Nebraska Corporation, Appellees, v. Thomas L. ROTHER, individually and in his official capacity as the Superintendent of Schools for Tecumseh Public Schools; Colleen S. Naber, individually and in her official capacity as the Special Education Administrator for Tecumseh Public Schools; Donna Defreece, individually and in her official capacity as Special Education Teacher for Tecumseh Public Schools; Robyn Faris, individually and in her official capacity as Special Education Teacher for Tecumseh Public Schools; Linda Stone, individually and in her official capacity as Special Education Aide for Tecumseh Public Schools; Kathy Philippi, individually and in her official capacity as Special Education Aide for Tecumseh Public Schools; Karen Casey, individually and in her official capacity as Special Education Aide for Tecumseh Public Schools; Joe Grof, individually and in official capacity as member of School Board for Tecumseh Public Schools; Stacey Goodrich, individually and in official capacity as member of the School Board for Tecumseh Public Schools; Carla Meints, individually and in official capacity as member of the School Board for Tecumseh Public Schools; Rosemary Pella, individually and in official capacity as member of the School Board for Tecumseh Public Schools; Judy Vance, individually and in official capacity as member of the School Board for Tecumseh Public Schools; Howard Buethe, individually and in official capacity as member of the School Board for Tecumseh Public Schools; Tecumseh Public Schools, of Johnson County, Nebraska; Appellants. Sharon Joy, individually, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 23, 1996.

Rehearing and Suggestion for Rehearing Denied July 1, 1996.

Attorney(s) appearing for the Case

Brien M. Welch, Omaha, NE, argued (Terry J. Grennan, Omaha, NE, on the brief), for appellants Thomas L. Rother, et al., in No. 94-4112.

J. Michael Coffey, Omaha, NE, argued, for Sharon Joy in No. 95-1136.

Tania Diaz, Lincoln, NE, argued (Bruce G. Mason, Omaha, NE and Shirley Mora James, Lincoln, NE, on the brief), for appellees in Nos. 94-4112 and 95-1136.

Before WHITE, Associate Justice (Ret.), and McMILLIAN and LOKEN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied July 1, 1996.

McMILLIAN, Circuit Judge.

This civil action was brought pursuant to 42 U.S.C. § 1983 by Cherry Heidemann (hereinafter Cherry), a minor, along with her mother, June Heidemann, and Nebraska Advocacy Services, Inc. (collectively plaintiffs), alleging violations of Cherry's constitutional rights to due process and equal protection and federal statutory rights under the Rehabilitation Act...

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