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HARDWICK EX REL. HARDWICK v. HEYWARD

No. 12-1445.

711 F.3d 426 (2013)

Candice Michelle HARDWICK, by and through her Parents and Guardians Daryl Lewis HARDWICK and Priscilla Lea Hardwick, Plaintiff-Appellant, v. Martha HEYWARD, in her individual capacity and in her official capacity as Principal of Latta Middle School; George H. Liebenrood, Jr., in his individual capacity and in his official capacity as Principal of Latta High School; Board of Trustees of Latta School District Dillon County No. 3, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 25, 2013.

Attorney(s) appearing for the Case

ARGUED: Frederick Daniel Taylor , Stallings, Bush & Randall, PC, Suffolk, Virginia, for Appellant. Vinton D. Lide , Lide & Pauley, LLC, Lexington, South Carolina, for Appellees. ON BRIEF: Kirk D. Lyons , Southern Legal Resource Center, Inc., Black Mountain, North Carolina; Lourie A. Salley, III , Lexington, South Carolina, for Appellant. Michael S. Pauley , Lide & Pauley, LLC, Lexington, South Carolina; Vernie L. Williams , Childs & Halligan, Columbia, South Carolina, for Appellees.

Affirmed by published opinion. Judge SHEDD wrote the opinion, in which Judge NIEMEYER and Judge AGEE joined.

OPINION

SHEDD, Circuit Judge:

On multiple occasions at Latta Middle School and Latta High School in Latta, South Carolina, school officials prohibited Candice Hardwick from wearing and on one occasion punished her for wearing Confederate flag1 shirts at school. Candice Hardwick, by and through her parents, brought this action against the school principals and the school board pursuant to 42 U.S.C. § 1983, alleging violations...

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