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WALN BY AND THROUGH WALN v. TODD COUNTY SCHOOL

No. CIV 04-3019.

388 F.Supp.2d 994 (2005)

Levi WALN, a minor By and Through Jody WALN, his mother and next friend, Plaintiff, v. TODD COUNTY SCHOOL DISTRICT, Richard Bordeaux, Superintendent of Schools, in his Official and Individual capacities, Defendants.

United States District Court, D. South Dakota, Central Division.

September 16, 2005.

Attorney(s) appearing for the Case

Dana Hanna, Attorney General's Office, Rosebud, SD, for Plaintiff.

Thomas Henley Harmon, Tieszen Law Office, Pierre, SD, for Defendants.

MEMORANDUM OPINION AND ORDER

KORNMANN, District Judge.

[¶ 1] Plaintiff Levi Waln ("Waln"), by and through his mother, Jody Waln ("Jody"), filed this action alleging that the Todd County School District and Richard Bordeaux ("defendants") temporarily (31 days) deprived plaintiff of his constitutionally protected right to a public education without due process of law. Waln has moved for partial summary judgment (Doc. 29), as to liability, on all three...

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