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WORKMAN v. MINGO COUNTY BOARD OF EDUCATION

No. 09-2352.

JENNIFER WORKMAN, individually and as guardian of M.W., a minor; M.W., a minor, Plaintiffs-Appellants, v. MINGO COUNTY BOARD OF EDUCATION; DR. STEVEN L. PAINE, State Superintendent of Schools; DWIGHT DIALS, Superintendent Mingo County Schools; WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES, Defendants-Appellees, and MINGO COUNTY SCHOOLS; STATE OF WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES, Defendants, v. MARTHA YEAGER WALKER, in her capacity as Secretary of the West Virginia Department of Health and Human Resources; DR. CATHERINE C. SLEMP, in her capacity as State Health Director for the West Virginia Department of Health and Human Resources, Third Party Defendants-Appellees. CHILDREN'S HEALTHCARE IS A LEGAL DUTY, INCORPORATED; AMERICAN ACADEMY OF PEDIATRICS, INCORPORATED, West Virginia Chapter; CENTER FOR RURAL HEALTH DEVELOPMENT, INCORPORATED; WEST VIRGINIA ASSOCIATION OF LOCAL HEALTH DEPARTMENTS; IMMUNIZATION ACTION COALITION, INCORPORATED, Amici Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 22, 2011.

Attorney(s) appearing for the Case

ARGUED: Patricia Ann Finn , PATRICIA FINN, ATTORNEY, PC, Piermont, New York, for Appellants.

Charlene Ann Vaughan , OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia; Joanna Irene Tabit , STEPTOE & JOHNSON, LLP, Charleston, West Virginia, for Appellees.

ON BRIEF: Michelle E. Piziak , J. A. Curia III , STEPTOE & JOHNSON, LLP, Charleston, West Virginia, for Appellees Mingo County Board of Education and Dr. Steven L. Paine ; Silas B. Taylor , Managing Deputy Attorney General, OFFICE OF THE ATTORNEY GENERAL, Charleston, West Virginia, for Appellee Dwight Dials.

Braun A. Hamstead , HAMSTEAD & ASSOCIATES, LC, Martinsburg, West Virginia; James G. Dwyer , Professor of Law, MARSHALL WYTHE SCHOOL OF LAW, College of William & Mary, Williamsburg, Virginia, for Amici Supporting Appellees.

Affirmed by unpublished opinion. Judge Wynn wrote the opinion, in which Judge Agee and Senior Judge Duffy concurred.

Unpublished opinions are not binding precedent in this circuit.

WYNN, Circuit Judge.

Plaintiff Jennifer Workman filed this 42 U.S.C. § 1983 action against various West Virginia state and county officials, alleging that Defendants violated her constitutional rights in refusing to admit her daughter to public school without the immunizations required by state law. The district court granted summary judgment to Defendants. We now affirm.

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