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WILLIAMS v. VIDMAR

No. C 04-04946JW(PVT).

367 F.Supp.2d 1265 (2005)

Stephen J. WILLIAMS, Plaintiff, v. Patricia VIDMAR, et al., Defendants.

United States District Court, N.D. California.

April 28, 2005.

Attorney(s) appearing for the Case

Joshua William Carden, Benjamin Wyman Bull, Alliance Defense Fund, Scottsdale, AZ, Kevin Hayden Theriot, Alliance Defense Fund, Olathe, KS, Terry Lee Thompson, Terry L. Thompson, Attorney at Law, Alamo, CA, Robert Henry Tyler, Alliance Defense Fund, Murrieta, CA, for Plaintiff.

Mark E. Davis, Needham, Davis, Kirwan & Young, LLP, San Jose, CA, Peter W. Sturges, Jonathan Pearl, Miller Brown & Dannis, San Francisco, CA, for Defendants.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS

WARE, District Judge.

I. INTRODUCTION

In many respects, this is a case of first impression. The issue is whether a public elementary school teacher may sue the Principal and School District claiming violations of the teacher's constitutional rights arising from restrictions placed on the teacher's use of supplemental classroom materials having religious content...

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