SMITH v. JEFFERSON COUNTY BD. OF SCHOOL COM'RS

No. 13-5957.

788 F.3d 580 (2015)

Steve B. SMITH, Plaintiff, David Kucera; Vickie F. Forgety, Plaintiffs-Appellees, v. JEFFERSON COUNTY BOARD OF SCHOOL COMMISSIONERS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 11, 2015.


Attorney(s) appearing for the Case

ARGUED: Jonathan Swann Taylor , Taylor & Knight, GP, Knoxville, Tennessee, for Appellant. Eric J. Morrison , Stone & Hinds, P.C., Knoxville, Tennessee, for Appellees. ON BRIEF: Jonathan Swann Taylor , Taylor & Knight, GP, Knoxville, Tennessee, for Appellant. Eric J. Morrison , M. Todd Ridley , George F. Legg , Stone & Hinds, P.C., Knoxville, Tennessee, for Appellees. Jeremy D. Tedesco , Alliance Defending Freedom, Scottsdale, Arizona, David A. Cortman , Rory T. Gray , Alliance Defending Freedom, Lawrenceville, Georgia, Jay Alan Sekulow , American Center For Law & Justice, Washington, D.C., Thomas H. Castelli , American Civil Liberties Union Foundation of Tennessee, Nashville, Tennessee, for Amici Curiae.

GIBBONS, J., delivered the opinion of the court in which GILMAN, J., joined, and BATCHELDER, J., joined in part. BATCHELDER, J. (pp. 590-605), delivered a separate opinion concurring in parts I-III and in the result.


OPINION

A county school board, facing a budget shortfall, abolished its alternative school and contracted for its students to be educated in the secular, alternative-school program at a private, Christian school. David Kucera and Vickie Forgety, teachers who lost their jobs in the abolition of the original...

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