L.E. v. SUPERINTENDENT OF COBB COUNTY SCHOOL DIST.

No. 21-13980.

55 F.4th 1296 (2022)

L.E., BY AND THROUGH their parent and next friend, Sara CAVORLEY, B.B., a minor, by and Through their parent and next friend, Elizabeth Baird, A.Z., a minor, by and Through their parent and next friend, Jessica Zeigler, C.S., a minor, by and Through their parent and next friend, Tarasha Shirley, Plaintiffs-Appellants, v. SUPERINTENDENT OF COBB COUNTY SCHOOL DISTRICT, Randy Scamihorn, David Banks, David Chastain, Brad Wheeler, In their official capacity as members of the Cobb County School Board, Cobb County School District, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Filed: December 16, 2022.


Attorney(s) appearing for the Case

Eugene Choi , Claire Sherburne , Michael Joseph Tafelski , Southern Poverty Law Center, Decatur, GA, Brock Boone , Attorney, Southern Poverty Law Center, Montgomery, AL, Craig Goodmark , Goodmark Law Firm, LLC, Atlanta, GA, Allison B. Vrolijk , Law Office of Allison B. Vrolijk, Roswell, GA, for Plaintiffs-Appellants.

Jeffrey R. Daniel , Ralph Culpepper, III , Sherry H. Culves , Parker Poe Adams & Bernstein, LLP, Atlanta, GA, for Defendants-Appellees.

Selene A. Almazan-Altobelli , Council of Parent Attorneys and Advocates, Towson, MD, Ellen Marjorie Saideman , Law Office of Ellen Saideman, Barrington, RI, for Amicus Curiae Council of Parent Attorneys and Advocates, Inc.

Before Wilson, Jill Pryor, Circuit Judges, and Ruiz, District Judge.


Plaintiffs-Appellants L.E., B.B., A.Z., and C.S., are students who have respiratory disabilities ("Students"). They appeal the denial of their motion for a temporary restraining order and preliminary injunction. The Students sued Defendants-Appellees the Superintendent of the Cobb...

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