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EVANS-MARSHALL v. BOARD OF EDUC. OF TIPP CITY

No. 04-3524.

428 F.3d 223 (2005)

Shelley EVANS-MARSHALL, Plaintiff-Appellee, v. BOARD OF EDUCATION OF THE TIPP CITY EXEMPTED VILLAGE SCHOOL DISTRICT; Charles W. Wray, individually; and John T. Zigler, individually, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 1, 2005.

Attorney(s) appearing for the Case

ARGUED: Tabitha D. Justice, Subashi, Wildermuth & Ballato, Dayton, Ohio, for Appellants. Joanne Jocha Ervin, Dayton, Ohio, for Appellee. ON BRIEF: Tabitha D. Justice, Lynnette P. Ballato, Subashi, Wildermuth & Ballato, Dayton, Ohio, for Appellants. Joanne Jocha Ervin, Dayton, Ohio, for Appellee.

Before: COLE and SUTTON, Circuit Judges; ZATKOFF, District Judge.

COLE, J., delivered the opinion of the court.

SUTTON, J. (pp. 233-238), delivered a separate concurring opinion.

ZATKOFF, D.J. (pp. 238-240), delivered a separate opinion concurring in part and dissenting in part.

OPINION

COLE, Circuit Judge.

This is a civil rights case brought under 42 U.S.C. § 1983. Plaintiff-Appellee Shelley Evans-Marshall, a public high school teacher, filed a complaint against Defendants-Appellants, the...

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