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PETERS v. JENNEY

No. 01-2413

327 F.3d 307 (2003)

Cheryl A. PETERS, Plaintiff-Appellant, v. Timothy JENNEY, Individually and in his official capacity as Superintendent of Schools; K. Edwin Brown, Individually and in his official capacity as Assistant Superintendent for Accountability; Nancy Guy, Individually and in her official capacity as a School Board Member; Sheila Magula, Individually and in her official capacity as Associate Superintendent for Curriculum and Instruction; School Board Of The City Of Virginia Beach, Virginia, Defendants-Appellees. United States Of America, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 22, 2003.

Attorney(s) appearing for the Case

ARGUED: Kristen M. Galles, Equity Legal, Alexandria, Virginia, for Appellant. Seth Michael Galanter, Appellate Section, Civil Rights Division, United States Department of Justice, Washington, D.C., for Amicus Curiae. Richard Hoyt Matthews, Pender & Coward, P.C., Virginia Beach, Virginia, for Appellees. ON BRIEF: Deborah C. Waters, Rutter, Walsh, Mills & Rutter, L.L.P., Norfolk, Virginia, for Appellant. Ralph F. Boyd, Jr., Assistant Attorney General, Dennis J. Dimsey, Appellate Section, Civil Rights Division, United States Department of Justice, Washington, D.C., for Amicus Curiae. Paul A. Driscoll, Pender & Coward, P.C., Virginia Beach, Virginia, for Appellees.

Before WIDENER, WILLIAMS, and MOTZ, Circuit Judges.

Vacated and remanded by published opinion. Judge WILLIAMS wrote the majority opinion, in which Judge DIANA GRIBBON MOTZ joined. Judge WIDENER wrote a dissenting opinion.

OPINION

WILLIAMS, Circuit Judge:

Dr. Cheryl Peters appeals from the district court's1 grant of summary judgment rejecting her retaliation claims under Title VI of the Civil Rights Act of 1964, 42 U.S.C.A. § 2000d (West 1994), 42 U.S.C.A. § 1983...

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