NAMPA CLASSICAL ACADEMY v. GOESLING

No. 10-35542

NAMPA CLASSICAL ACADEMY; ISAAC MOFFETT; M. K., a minor, by and through her next friend; MARIA KOSMANN, individually and as next friend of M.K., a minor, Plaintiffs-Appellants, v. WILLIAM GOESLING, individually and in his official capacity as Chairman of the Idaho Public Charter School Commission ("Commission"); BRAD CORKILL; GAYANN DEMORDAUNT; GAYLE O'DONAHUE; ALAN REED; ESTHER VAN WART, all individually and in their official capacities as members of the Commission; MICHAEL RUSH, individually and in his official capacity as Executive Director of the State Board of Education; PAUL AGIDIUS, Board Pressident; RICHARD WESTERBERG, Board Vice President; KENNETH EDMUNDS, Board Secretary; EMMA ATCHLEY; ROD LEWIS; DON SOLTMAN; MILFORD TERRELL, all individually and in their official capacities as members of the Board; TOM LUNA, individually and in his official capacities as Superintendent of Public Instruction, as Executive Secretary of the Board, and as Chief Executive Officer of the State Department of Education; LAWRENCE GARTH WASDEN, in his official capacity as the Attorney General of the State of Idaho; TAMARA BAYSINGER, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 15, 2011.


NOT FOR PUBLICATION

MEMORANDUM*

Nampa Classical Academy ("NCA"), along with plaintiffs Moffett, Kosmann and M.K., sued the Idaho Public Charter School Commission, alleging that its policy prohibiting the use of sectarian or denominational texts in public schools violated the First and Fourteenth Amendments as well as Idaho state law. Sometime after the district court dismissed all of plaintiffs' claims, the state revoked NCA...

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