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SMITH v. JEFFERSON COUNTY SCHOOL BD. OF COM'RS

No. 06-6533.

549 F.3d 641 (2008)

Steve B. SMITH, David Kucera, Vickie F. Forgety, Plaintiffs-Appellants, v. JEFFERSON COUNTY SCHOOL BOARD OF COMMISSIONERS; Douglas R. Moody, Lana Leckie, Bill Powell, David Lockhart, Anne M. Potts, Greg Sharpe, Louise Snodderly, Individually and in their official capacity as members of the Jefferson County Board of Education; Kingswood School Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 24, 2008.

Attorney(s) appearing for the Case

ARGUED: George F. Legg, Stone & Hinds, Knoxville, Tennessee, for Appellants. Arthur F. Knight III, Becker, Fleishman & Knight, Knoxville, Tennessee, for Appellees. ON BRIEF: George F. Legg, Eric J. Morrison, Stone & Hinds, Knoxville, Tennessee, for Appellants. Arthur F. Knight III, Becker, Fleishman & Knight, Knoxville, Tennessee, for Appellees.

MOORE, J., delivered the opinion of the court, in which CLAY, J., joined. ROGERS, J. (pp. 661-66), delivered a separate dissenting opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

The former principal of Jefferson County, Tennessee's alternative school and two former teachers at the school (collectively referred to as "the teachers"), allege that, by closing the county's public alternative school and contracting with Kingswood Academy ("Kingswood") to provide alternative-school services for public-school students, the Jefferson County School Board of Commissioners and its members (collectively...

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