PADILLA v. SOUTH HARRISON R-II SCHOOL DIST.

Nos. 98-1130, 98-1334.

192 F.3d 805 (1999)

Phillip PADILLA, Plaintiff-Appellee, v. SOUTH HARRISON R-II SCHOOL DISTRICT, Defendant-Appellant, Ed Musgrove, individually and in his official capacity of the Superintendent of Schools of the South Harrison R-II School District; Larry Arney, individually and in his official capacity as a member of the Board of Education of the South Harrison R-II School District; Charles McKinney, individually and in his official capacity as a member of the Board of Education of the South Harrison R-II School District; LaVonne Barber, individually and in her official capacity as a member of the Board of Education of the South Harrison R-II School District; Trent Bugbee, individually and in his official capacity as a member of the Board of Education of the South Harrison R-II School District; Bill Lenhart, individually and in his official capacity as a member of the Board of Education of the South Harrison R-II School District; Bob Butler, only in his official capacity as a member of the Board of Education of the South Harrison R-II School Board; Rick Kampman, only in his official capacity as a member of the Board of Education of the South Harrison R-II School District; Leazenby, only in his official capacity as a member of the Board of Education of the South Harrison R-II School District; Lois Carlisle, individually and in her capacity with the Division of Family Services of the Missouri Department of Social Services; Beth Steinhauser, individually and in her capacity with the Division of Family Services of the Missouri Department of Social Services, Defendants.

United States Court of Appeals, Eighth Circuit.

October 15, 1999.


Order Denying Petition for Rehearing and for Rehearing En Banc

Prior report: 181 F.3d 992.

The petition for rehearing en banc is denied. Judge McMillian and Judge Morris Sheppard Arnold would grant the petition.

The petition for rehearing by the panel is also denied.

MCMILLIAN, Circuit Judge, with whom MORRIS SHEPPARD ARNOLD, Circuit Judge, joins, dissenting.

I would grant the suggestion for rehearing...

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