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DOE v. BOARD OF EDUC., OAK PARK & RIVER FOREST HIGH SCHOOL

No. 96-3014.

115 F.3d 1273 (1997)

John DOE, by and through his parents and next friends and the class of all others similarly situated, Jane Doe, next friend and Joe Doe, next friend, Plaintiffs and Counter-Defendants-Appellants, v. BOARD OF EDUCATION OF OAK PARK & RIVER FOREST HIGH SCHOOL DISTRICT 200, Nancy Smiley, Donald Offermann, Stephen C. Bruner, both in their official capacities and as individuals, et al., Defendants and Counter-Plaintiffs-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 27, 1997.

As Amended on Denial of Rehearing and Suggestion for Rehearing June 23, 1997.

Attorney(s) appearing for the Case

Robert A. Wolf, Wolf & Norris, Oak Park, IL, Bonnie L. Beck-Fries, Mary D. Cahill, Susan E. Einspar-Wayne (argued), Cahill, Einspar-Wayne & Associates, Hinsdale, IL, for Plaintiffs and Counter-Defendants-Appellants.

John A. Relias (argued), James J. Zuehl, Franczek, Sullivan, Mann, Crement, Hein & Relias, Chicago, IL, for Defendant-Appellee Board of Education of Oak Park & River Forest High School District 200.

Dennis J. Dimsey, Leslie A. Simon, Department of Justice, Civil Rights Division, Appellate Section, Washington, DC, for Amicus Curiae.

Before CUMMINGS, COFFEY and EASTERBROOK, Circuit Judges.

As Amended on Denial of Rehearing and Suggestion for Rehearing En Banc June 23, 1997.

CUMMINGS, Circuit Judge.

Plaintiff John Doe ("John") was a recently enrolled, 13-year-old freshman at Oak Park & River Forest High School ("OPRF"), when he was accused of being in possession of a pipe and a small amount of marijuana at a freshman dance on September 9, 1994. John was a special education student who had been identified as having a learning disability. The...

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