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PUCKET v. HOT SPRINGS SCHOOL DIST. NO. 23-2

No. 07-2651.

526 F.3d 1151 (2008)

Daniel PUCKET, in his own capacity; Amy Pucket, in her own capacity; Luke Pucket, by and through his parents and guardians, Daniel and Amy Pucket; Benjamin Pucket, by and through his parents and guardians, Daniel and Amy Pucket, Appellants, v. HOT SPRINGS SCHOOL DISTRICT NO. 23-2; Hot Springs School Board, Appellees, Lawrence Long; in his official capacity as Attorney General of South Dakota, Intervenor Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 23, 2008.

Attorney(s) appearing for the Case

Roger T. Severino, argued, Kevin J. Hasson, Eric C. Rassbach, Washington, DC, Daniel F. Duff, Jeffrey G. Hurd, Rapid City, SD, on the brief, for appellant.

Diane Patrick Best, argued, Naomi R. Cromwell, Roxanne Giedd, on the brief, Pierre, SD, for appellee.

Before RILEY, GRUENDER and SHEPHERD, Circuit Judges.

GRUENDER, Circuit Judge.

The Hot Springs School District 23-2 and Hot Springs School Board ("School District") discontinued busing students of Bethesda Lutheran School ("Bethesda"), a private religious school located within the School District's boundaries. Daniel, Amy, Luke and Benjamin Pucket ("Puckets"), parents of students and students enrolled at Bethesda, filed an action under 42 U.S.C. § 1983, arguing that the School District's termination of busing services...

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