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SMITH v. JEFFERSON COUNTY BD. OF SCHOOL

No. 06-6533.

641 F.3d 197 (2011)

Steve B. SMITH, David Kucera, Vickie F. Forgety, Plaintiffs-Appellants, v. JEFFERSON COUNTY BOARD OF SCHOOL 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: February 11, 2011.

Attorney(s) appearing for the Case

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

BATCHELDER, C.J. (pp. 36-40), delivered a separate opinion concurring in part and dissenting in part. ROGERS, J. (pp. 41-46), delivered a separate dissenting opinion, in which COOK and KETHLEDGE, JJ., joined and in which BATCHELDER, C.J., joined in part.

OPINION

KAREN NELSON MOORE, Circuit Judge.

The former principal of Jefferson County, Tennessee's alternative school and two former teachers at the school (collectively, "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 Board of School Commissioners and its members (collectively, "the Board...

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