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LOWERY v. EUVERARD

No. 06-6172.

497 F.3d 584 (2007)

Jeff LOWERY, individually and as next friend of Derrick "Rabbit" Lowery, Lisa A. Lowery, individually and as next friend of Derrick "Rabbit" Lowery, Randy Giles, individually and as next friend of Jacob Giles, Stacey Guthrie, individually and as next friend of Joseph Dooley, James Spurlock, individually and as next friend of Dillan Spurlock, Lora Spurlock, individually and as next friend of Dillan Spurlock, Plaintiffs-Appellees, v. Marty EUVERARD, Dale Schneitman, Craig Kisabeth, Jefferson County Board of Education, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 3, 2007.

Attorney(s) appearing for the Case

ARGUED: Linda J. Hamilton Mowles, Lewis, King, Krieg & Waldrop, Knoxville, Tennessee, for Appellants. Matthew M. Scoggins III, Bass, Berry & Sims, Knoxville, Tennessee, for Appellees. ON BRIEF: Linda J. Hamilton Mowles, Lewis, King, Krieg & Waldrop, Knoxville, Tennessee, for Appellants. Matthew M. Scoggins III, Michael S. Kelley, Bass, Berry & Sims, Knoxville, Tennessee, for Appellees.

Before: SILER and GILMAN, Circuit Judges; ZATKOFF, District Judge.

ZATKOFF, District Judge, delivered the opinion of the court, in which SILER, J., joined. GILMAN, J. (pp. 601-06), delivered a separate opinion concurring in the judgment.

OPINION

LAWRENCE P. ZATKOFF, District Judge.

Plaintiffs brought suit in federal court after they were dismissed from their high school football team. Defendants brought a motion for summary judgment based on qualified immunity, which the district court denied. On appeal, Defendants...

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