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DOE EX REL. MAGEE v. COVINGTON COUNTY SCHOOL DIST.

No. 09-60406.

649 F.3d 335 (2011)

Jane DOE, a minor, by and through her next friends, Daniel MAGEE and Geneva Magee; Daniel Magee, Individually and on Behalf of Jane Doe; Geneva Magee, Individually and on Behalf of Jane Doe, a minor, Plaintiffs-Appellants, v. COVINGTON COUNTY SCHOOL DISTRICT, by and through its BOARD OF EDUCATION and its President, Andrew Keys and its Superintendent of Education, I.S. Sanford, Jr.; Covington County Superintendent of Education, I.S. Sanford, Officially and in His Individual Capacity; Covington County Board of Education, by and through its President, Andrew Keys; Andrew Keys, officially and in his individual capacity; Tommy Keyes; Other Unknown John Doe and Jane Doe Education Defendants A-Z, also in their official and individual capacities, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 5, 2011.

Attorney(s) appearing for the Case

Christopher Eugene Fitzgerald (argued), Hendren, Hollingsworth & Fitzgerald, Benjamin Geoffrey Harrison , B. Geoffrey Harrison, P.A., Ocean Springs, MS, for Plaintiffs-Appellants.

Rick D. Norton , Joseph A. O'Connell, III (argued), William A. Whitehead, Jr. , Bryan Nelson, P.A., Hattiesburg, MS, for Defendants-Appellees.

Before KING, WIENER, and DENNIS, Circuit Judges.

WIENER, Circuit Judge:

I. PERSPECTIVE

Plaintiff-Appellant Daniel Magee is the father and next friend, and Plaintiff-Appellant Geneva Magee is the grandmother, guardian, and next friend, of Plaintiff-Appellant Jane Doe (collectively the "Does"). Individually and on behalf of nine-year-old Jane Doe ("Jane"), the Magees sued, inter alia, the Covington County [Mississippi] School District, its Board of Education, its president, and other persons, in their official...

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