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SMITH v. FLOYD COUNTY BD. OF EDUC.

No. CIV.A. 03-304.

401 F.Supp.2d 789 (2005)

Dani SMITH, Plaintiff, v. FLOYD COUNTY BOARD OF EDUCATION, a corporate entity, Paul W. Fanning, Individually and as Superintendent of Floyd County Schools, Defendants.

United States District Court, E.D. Kentucky, at Pikeville.

November 22, 2005.

Attorney(s) appearing for the Case

James Follace Fields, III, Mary Wheeler Ruble, Brooks, McComb, Fields, Ruble & Mullins, Lexington, KY, for plaintiff.

Michael J. Schmitt, Jonathan C. Shaw, Porter, Schmitt, Banks & Baldwin, Paintsville, KY, for defendants.

OPINION AND ORDER

CALDWELL, District Judge.

This matter is before the Court on the Motion for Summary Judgment (Rec. No. 22) of the Defendants, Floyd County Board of Education (the "Board") and its Superintendent, Paul W. Fanning ("Superintendent Fanning"), in both his individual and official capacities. For the following reasons, the Court GRANTS the motion in part and DENIES it in part.

I. FACTS.

A. Smith's Employment...

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