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CANARY v. OSBORN

No. 98-4218.

211 F.3d 324 (2000)

Gabe CANARY, Plaintiff-Appellee, v. H. Garry OSBORN, Board of Education, Portsmouth City School District, Defendants, Otto F. Apel, III, Phyllis Fuller, Robert Stevens, Steve Sturgill, Walter R. Hickman, Jr., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 3, 2000.

Attorney(s) appearing for the Case

David G. Torchia (argued and briefed), Tobias, Kraus & Torchia, Cincinnati, OH, for Plaintiff-Appellee.

R. Gary Winters (briefed), Bernard W. Wharton (argued and briefed), McCaslin, Imbus & McCaslin, Cincinnati, OH, for Defendants-Appellants.

Before: WELLFORD, SILER, and GILMAN, Circuit Judges.

OPINION

GILMAN, Circuit Judge.

The sole issue in this interlocutory appeal is whether the individual members of the Portsmouth (Ohio) City School District Board of Education are entitled to absolute legislative immunity under Bogan v. Scott-Harris, 523 U.S. 44, 118 S.Ct. 966, 140 L.Ed.2d 79 (1998), for their role in voting against the renewal of Gabe Canary's contract as an assistant principal. Among other grounds,...

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