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SWINDLE v. LIVINGSTON PARISH SCHOOL BD.

No. 08-31249.

655 F.3d 386 (2011)

Bobby W. SWINDLE, Jr. and Tracy A. Swindle, As Administrators of the Estate of Morgan Taylor Swindle, Plaintiffs-Appellants, v. LIVINGSTON PARISH SCHOOL BOARD; Randy Pope, Superintendent of Livingston Parish School Board; Paul Pastorek; Louisiana Department of Education; State Board of Elementary and Secondary Education, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 8, 2011.

Attorney(s) appearing for the Case

Donna Unkel Grodner (argued), Grodner & Associates, A.P.L.C., Charlotte Charity McDaniel McGehee , Baton Rouge, LA, for Plaintiffs-Appellants.

Carey Thompson Jones (argued), Denham Springs, LA, Celia Rhea Cangelosi , Robert L. Hammonds , Karen D. Murphy (argued), Hammonds & Sills, Winston G. DeCuir, Sr. , Dianne M. Irvine (argued), DeCuir, Clark & Adams, L.L.P., Baton Rouge, LA, for Defendants-Appellees.

Before BENAVIDES, DENNIS, and ELROD, Circuit Judges.

DENNIS, Circuit Judge:

Plaintiffs, Bobby and Tracy Swindle, brought this action for damages under 42 U.S.C. § 1983 on behalf of their minor daughter, Morgan Swindle, who allegedly was deprived of her constitutional rights of procedural and substantive due process and equal protection of the laws when she was expelled from public school and refused alternative education benefits during the 2005-2006 academic school year by Defendants — the Livingston Parish...

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