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TODD v. RUSH COUNTY SCHOOLS

No. 97-2548.

139 F.3d 571 (1998)

William P. TODD and Diana J. Todd, on their own behalf and as next friends for their son, William Matthew Todd, Steve Hammons, et al., Plaintiffs-Appellants, v. RUSH COUNTY SCHOOLS and Ed Lyskowinski, in his official capacity as Superintendent of the Rush County Schools, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 19, 1998.

Attorney(s) appearing for the Case

Kenneth J. Falk (submitted), Indiana Civil Liberties Union, Indianapolis, IN, for Plaintiffs-Appellants.

Rodney V. Taylor, David J. Theising, Christopher & Taylor, Indianapolis, IN, John O. Worth, Rushville, IN, for Defendants-Appellees.

Before POSNER, Chief Judge, and CUMMINGS, COFFEY, FLAUM, EASTERBROOK, RIPPLE, MANION, KANNE, ROVNER, DIANE P. WOOD and EVANS, Circuit Judges.

On consideration of the petition for rehearing with suggestion for rehearing en banc filed by plaintiffs-appellants and the answer of defendants-appellees, all of the judges on the original panel voted to deny rehearing and a majority of the judges in active service voted to deny rehearing en banc. Judge Kenneth F. Ripple dissented from the denial of rehearing en banc and filed an opinion which was joined by Judge Ilana Diamond Rovner. Judge Diane P. Wood dissented from the...

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