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DEFOE EX REL. DEFOE v. SPIVA

No. 09-6080.

625 F.3d 324 (2010)

Tom DEFOE, a minor by and through his parent and guardian Phil DEFOE; Phil Defoe, Plaintiffs-Appellants, v. Sid SPIVA, in his individual and official capacity as Principal of Anderson County Career and Technical School; Merl Krull, in his individual and official capacity as Assistant Principal of Anderson County Vocational and Technical School; Greg Deal, in his individual and official capacity as Principal of Anderson County High School; V.L. Stonecipher, in his official capacity as Director of Schools for Anderson County; John Burrell, in his official capacity as Chairman of the Anderson County School Board; Anderson County School Board, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 18, 2010.

Attorney(s) appearing for the Case

ARGUED: Van R. Irion , Law Offices of Van R. Irion, Knoxville, Tennessee, for Appellants. Jonathan Swann Taylor , Taylor, Fleishman & Knight, P.C., Knoxville, Tennessee, for Appellees. ON BRIEF: Van R. Irion , Law Offices of Van R. Irion, Knoxville, Tennessee, for Appellants. Arthur F. Knight, III , Taylor, Fleishman & Knight, P.C., Knoxville, Tennessee, for Appellees.

CLAY, J., delivered the judgment of the court and an opinion. ROGERS, J. (pp. 338-42), delivered a separate concurring opinion, in which COOK, J., joined.

OPINION

CLAY, Circuit Judge.

Plaintiff Tom Defoe, a minor by and through his parent and guardian, Plaintiff Phil Defoe, and Plaintiff Phil Defoe, individually, appeal an order entered by the district court granting summary judgment for Defendants Sid Spiva, Merl Krull, Greg Deal, V.L. Stonecipher, John Burrell, and the Anderson County, Tennessee School Board based upon this Court's decision in Barr v. Lafon, 538 F.3d 554

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