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McCARTHY v. BOOZMAN

No. 01-2266.

212 F.Supp.2d 945 (2002)

Dan McCARTHY, as the Parent and as Next Friend of his minor daughter Plaintiff v. Faye BOOZMAN, in his Official Capacity as Director, State of Arkansas Department of Health; John Doe 1 through John Doe 20, in their Official Capacities as agents, servants, employees or officials of the State of Arkansas, Department of Health; and Ozark School District Defendants

United States District Court, W.D. Arkansas, Ft. Smith Division.

July 25, 2002.

Attorney(s) appearing for the Case

Gregory T. Karber, Pryor, Robertson & Barry, PLLC, Fort Smith, AR, Robert T. Moxley, Gage & Moxley, Cheyenne, WY, for Plaintiff.

Robert M. Brech, Ark. Dept. of Health, Little Rock, AR, Timothy G. Gauger, Rick D. Hogan, Office of Atty. Gen., Little Rock, AR, James M. Llewellyn, Jr., Thompson & Llewellyn, P.A., Fort Smith, AR, for Defendants.

MEMORANDUM OPINION AND ORDER

DAWSON, District Judge.

Plaintiff Dan McCarthy instituted this 42 U.S.C. § 1983 action on behalf of his eleven-year-old daughter after she was suspended from school on October 1, 2001, for failing to receive the age appropriate immunizations required by Arkansas law and for not having qualified for the religious exemption provided by statute. Plaintiff asserts that the Arkansas immunization statute violates rights...

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