B.A.B., JR. v. BOARD OF EDUC. OF CITY OF ST. LOUIS

No. 12-1426.

698 F.3d 1037 (2012)

B.A.B., JR., a minor; Kinyata L. Allen, his Mother, Plaintiffs-Appellants v. The BOARD OF EDUCATION OF the CITY OF ST. LOUIS; Richelle Clark, St. Louis Public School District, Lead Nurse, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: November 2, 2012.


Attorney(s) appearing for the Case

Douglas Ponder , St. Louis, MO, for appellants.

Bridget Hoy , Jayme E. Major , St. Louis, MO, for appellees.

Before WOLLMAN, LOKEN, and MURPHY, Circuit Judges.


LOKEN, Circuit Judge.

Dunbar Elementary School in St. Louis administered the H1-N1 vaccine to students at the school in December 2009. B.A.B., a fifth grade student, was given an H1-N1 shot by Nurse Lula Franklin despite telling Franklin, and presenting a signed parental form confirming, that his mother, Kinyata Allen, did not consent to the vaccination. B.A.B. and his mother commenced this action in state court against the St. Louis Board of Education ("the Board...

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