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LANEY v. FARLEY

No. 06-6000.

501 F.3d 577 (2007)

William LANEY, individually; Victoria Laney, a minor child by father, and as next friend, William Laney, Plaintiffs-Appellees, v. Jim FARLEY, individually and in his capacity as Principal of West Wilson Middle School; Laura Honeyman, individually and in her capacity as Assistant Principal of West Wilson Middle School, Defendants, Wilson County Board of Education, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 28, 2007.

Attorney(s) appearing for the Case

ARGUED: Winston N. Harless, Lewis, King, Krieg, Waldrop & Catron, Nashville, Tennessee, for Appellant. Stephen E. Grauberger, John H. Lowe & Associates, Goodlettsville, Tennessee, for Appellees ON BRIEF: Winston N. Harless, Lewis, King, Krieg, Waldrop & Catron, Nashville, Tennessee, for Appellant. Stephen E. Grauberger, John H. Lowe & Associates, Goodlettsville, Tennessee, for Appellees.

Before: SUHRHEINRICH and GIBBONS, Circuit Judges; HEYBURN, Chief District Judge.

HEYBURN, D.J., delivered the opinion of the court, in which SUHRHEINRICH, J., joined. GIBBONS, J. (p. 584), delivered a separate concurring opinion.

OPINION

JOHN G. HEYBURN II, Chief District Judge.

Plaintiff William Laney brought suit individually and on behalf of his minor daughter, Victoria Laney, after school officials confiscated her cell phone when it began ringing during a class session and then imposed...

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