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STATE v. BEINE

No. SC 86190.

162 S.W.3d 483 (2005)

STATE of Missouri, Respondent, v. James A. BEINE, Appellant.

Supreme Court of Missouri, En Banc.

As Modified on Denial of Rehearing May 31, 2005.

Attorney(s) appearing for the Case

Lawrence J. Fleming, N. Scott Rosenblum, Stephen R. Welby, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Evan Buchheim, Deborah Daniels, Asst. Attys. Gen., Jefferson City, for respondent.

CHARLES B. BLACKMAR, Senior Judge.

This case comes to the writer on recent reassignment.

James Beine was employed as a counselor at the Patrick Henry Elementary School in St. Louis City. During the 2000-2001 school year one of Mr. Beine's duties was to prevent disruptive behavior by students in the school's halls and restrooms. To perform this duty, Mr. Beine often had to enter the restrooms designated for males.

During the 2000-2001 school year, all...

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