MULLER BY MULLER v. JEFFERSON LIGHTHOUSE SCHOOL

Nos. 95-3384, 95-3482.

98 F.3d 1530 (1996)

Andrew J. MULLER, a minor child, by his parents and next friends, Ronald G. MULLER and Ann H. Muller, Plaintiffs-Appellants, v. JEFFERSON LIGHTHOUSE SCHOOL, Racine, Wisconsin, Steven Miley, in his official capacity as Principal of Jefferson Lighthouse School, Racine, Wisconsin, and Racine Unified School District, Racine, Wisconsin, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 30, 1996.


Attorney(s) appearing for the Case

Frederick Herbert Nelson, Mathew D. Staver, argued, Nicole A. Kerr, Staver & Associates, Orlando, FL, for Andrew J. Muller, Ronald G. Muller and Ann H. Muller.

Dayten P. Hanson, Linda Stover Isnard, Gilbert J. Berthelsen, Terrance L. Kallenbach, argued, Capwell and Berthelsen, Racine, WI, for Jefferson Lighthouse School, Steven Miley and Racine Unified School District.

Before ESCHBACH, MANION, and ROVNER, Circuit Judges.


MANION, Circuit Judge.

Fourth-grader Andrew Muller requested from his elementary school's principal permission to hand out at school invitations to a religious meeting to be held at the church his family attends. After some dispute as to who had responsibility, the principal ultimately said no, basing his decision on the terms of the school district's Code of Student Responsibilities and Rights. The Mullers sued in federal court for declaratory and injunctive relief...

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