BUTTS v. AULTMAN

No. 19-60063.

953 F.3d 353 (2020)

Jeffrey BUTTS; Kimberly Butts; Sharron Butts; Shanale Renee Hill; Sandra Jones; Patricia Cox; Lane Townsend, Plaintiffs-Appellants v. Rosemary AULTMAN, in her Official Capacity as Chairman of the State Board of Education; Doctor Carey M. Wright, in her Official Capacity as Superintendent of the Mississippi Department of Education; Jason Dean, in Official Capacity as Member of the Mississippi State Board of Education; Buddy Bailey, in Official Capacity as Member of the Mississippi State Board of Education; Kami Bumgarner, in Official Capacity as Member of the Mississippi State Board of Education; Karen Elam, in Official Capacity as Member of the Mississippi State Board of Education; Johnny Franklin, in Official Capacity as Member of the Mississippi State Board of Education; William Harold Jones, in Official Capacity as Member of the Mississippi State Board of Education; John Kelly, in Official Capacity as Member of the Mississippi State Board of Education; Charles McClelland; Winona Municipal Separate School Board; Frank McClelland, in Official Capacity as Member of the Mississippi State Board of Education, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed March 19, 2020.


Attorney(s) appearing for the Case

Chynee A. Bailey , Bailey Law, P.L.L.C., Columbus, MS, for Plaintiff-Appellant.

Krissy C. Nobile, Esq. , Mississippi Attorney General's Office, Civil Litigation, Jackson, MS, Douglas T. Miracle , Assistant Attorney General, Office of the Attorney General for the State of Mississippi, for Defendant-Appellees Rosemary Aultman, Doctor Carey M. Wright, Jason Dean, Buddy Bailey, Kami Bumgarner, Karen Elam, Johnny Franklin, William Harold Jones, John Kelly, Charles McClelland, and Frank McClelland.

John Simeon Hooks, Esq. , Adams & Reese, L.L.P., Ridgeland, MS, for Defendant-Appellee Winona Municipal Separate School Board.

Before WIENER, HIGGINSON, and HO, Circuit Judges.


Seven residents of Montgomery County, Mississippi ("the County"), filed this lawsuit against the County, the Winona Municipal Separate School Board, and several state officials in their official capacities. Their claims arise out of the Mississippi legislature's July 2016 decision to administratively consolidate...

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