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CASTORINA v. MADISON COUNTY SCHOOL BD.

No. 99-6309.

246 F.3d 536 (2001)

Timothy CASTORINA, by and through his parent and guardian, Patsy REWT, Plaintiff-Appellant, Tiffany Dargavell, by and through her parents and guardians, Greg and Sandra Dargavell, Plaintiff, v. MADISON COUNTY SCHOOL BOARD; Shannon Johnson; William Fultz; Shannon Johnson, as Superintendent of the Madison County School District; William Fultz, as Principal of Madison Central High School, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 8, 2001.

Attorney(s) appearing for the Case

ARGUED: Chadwick Kyle Sayre, Portsmouth, OH, for Plaintiff-Appellant.

William H. Fogle, Mt. Sterling, KY, for Defendant-Appellee.

ON BRIEF: Kirk D. Lyons, SOUTHERN LEGAL RESOURCE CENTER, INC., Black Mountain, NC, for Plaintiff-Appellant.

William H. Fogle, Mt. Sterling, KY, for Appellees.

Before: MERRITT, KENNEDY, and GILMAN, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

MERRITT, J., delivered the opinion of the court, in which GILMAN, J., joined. KENNEDY, J. (pp. 544-48), delivered a separate concurring opinion.

OPINION

MERRITT, Circuit Judge.

Principal William Fultz of Madison County High School twice suspended students Timothy Castorina and Tiffany Dargavell for wearing T-shirts displaying the Confederate flag; the rationale for the suspensions was that the T-shirts violated...

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