McCARTHY v. OZARK SCHOOL DIST.

Nos. 02-3035, 02-3094, 02-3104, 02-3195.

359 F.3d 1029 (2004)

Dan McCARTHY, as Parent and as Next Friend of his Minor Daughter, Plaintiff-Appellant, v. OZARK SCHOOL DISTRICT; Faye Boozman, in his Official Capacity as Director, State of Arkansas Department of Health; John Doe, 1 through 20, in their Official Capacities as Agents, Servants, Employees or Officials of the State of Arkansas, Department of Health, Defendants-Appellees. Shannon Law, as Parent and Legal Guardian of her Minor Children Joey Law, Rob Law, and Claire Law; Plaintiff, Susan Brock, as Parent and Legal Guardian of her Minor Children Harley Brock, Mason Brock, Kathrine Brock and Michael Jarrell, Plaintiff-Appellant, v. Fay W. Boozman, in his Official Capacity as Director of the Arkansas Department of Health; Cutter Morning Star School District; Lake Hamilton School District; Raymond Simon, in his Official Capacity as Director of the Arkansas Department of Education, Defendants-Appellees. Cynthia Boone, Individually and as Next Friend of Ashley Boone, Plaintiff-Appellant, v. Cabot School District; Fay Boozman, in his Official Capacity as the Director of the Arkansas Department of Health; John Doe, 1 through 20, in their Official Capacities as Agents, Servants, Employees or Officials of the State of Arkansas, Department of Health, Defendants-Appellees. Shannon Law, as Parent and Legal Guardian of her Minor Children Joey Law, Rob Law, and Claire Law, Plaintiff, Susan Brock, as Parent and Legal Guardian of her Minor Children Harley Brock, Mason Brock, Kathrine Brock, and Michael Jarrell, Plaintiff-Appellee v. Fay W. Boozman, in his Official Capacity as Director of the Arkansas Department of Health, Defendant, Cutter Morning Star School District; Lake Hamilton School District, Defendants-Appellants, Raymond Simon, in his Official Capacity as Director of the Arkansas Department of Education, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: March 8, 2004.


Attorney(s) appearing for the Case

Robert T. Moxley, argued, Cheyenne, WY, and Matthew D. Staver, argued, Longwood, FL (Gregory T. Karber, Fort Smith, AR, Erik W. Stanley and Joel L. Oster, Longwood, FL, on the brief), for appellants.

Rick D. Hogan, argued, Little Rock, AR (Robert M. Brech, Dan F. Bufford and Brian A. Brown, on the brief), for appellees.

Before HANSEN, Chief Judge, RILEY and MELLOY, Circuit Judges.


MELLOY, Circuit Judge.

These consolidated appeals involve the application of an Arkansas statute that requires the immunization of Arkansas schoolchildren against Hepatitis B. Ark. Code Ann. § 6-18-702(a).2 The district courts3 held that the statute's religious beliefs exemption violated the Establishment Clause of the First Amendment because the exemption applied...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases