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F.H. EX REL. HALL v. MEMPHIS CITY SCHOOLS

No. 13-6323.

764 F.3d 638 (2014)

F.H., by his next friend Sandra Fay HALL; Sandra Fay Hall, Plaintiffs-Appellants, v. MEMPHIS CITY SCHOOLS; Vincent Hunter; Walter Banks; Malica Johnson; Patricia A. Toarmina; Pat Beane, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 4, 2014.

Attorney(s) appearing for the Case

ARGUED: Craig P. Barnes , Memphis Area Legal Services, Inc., Memphis, Tennessee, for Appellants. Christopher S. Campbell , Harris Shelton Hanover Walsh, PLLC, Memphis, Tennessee, for Appellees. Judith A. Gran , Reisman Carolla Reisman & Gran, Haddonfield, New Jersey, for Amicus Curiae. ON BRIEF: Craig P. Barnes , Frank S. Cantrell , Memphis Area Legal Services, Inc., Memphis, Tennessee, for Appellants. Christopher S. Campbell , Harris Shelton Hanover Walsh, PLLC, Memphis, Tennessee, for Appellees. Judith A. Gran , Reisman Carolla Reisman & Gran, Haddonfield, New Jersey, for Amicus Curiae.

TARNOW, D.J., delivered the opinion of the court, in which MOORE and KETHLEDGE, JJ., joined. KETHLEDGE, J. (pg.10), delivered a separate concurring opinion.

OPINION

TARNOW, District Judge.

Plaintiffs-Appellants F.H., represented by his next friend and mother Sandra Fay Hall, and Sandra Fay Hall individually, filed suit against Defendant-Appellee Memphis City Schools (MCS) alleging Appellee allowed for the abuse and neglect of F.H. while enrolled in its schools, and allege Appellee breached a Settlement Agreement. The district court granted Appellee's motion to dismiss all claims, finding that Appellants' claims...

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