DOE EX REL. MAGEE v. COVINGTON CTY. SCHOOL DIST. EX REL. BD. OF EDU.

Civil Action No. 2:08cv204-KS-MTP.

637 F.Supp.2d 392 (2009)

Jane DOE, a minor, by and through her next of friends, Daniel MAGEE and Geneva Magee, Daniel Magee, individually, and Geneva Magee, individually, Plaintiffs v. COVINGTON COUNTY SCHOOL DISTRICT, by and through its BOARD OF EDUCATION and its President, Andrew Keys and its Superintendent of Education, I.S. Sanford, Jr.; Covington County Superintendent of Education, I.S. Sanford officially and in his individual capacity; Covington County Board of Education, by and through its President, Andrew Keys; Andrew Keys, officially and in his individual capacity; Tommy Keyes; and Other Unknown John Doe and Jane Doe Education Defendants A-Z, also in their official and individual capacities, Defendants.

United States District Court, S.D. Mississippi, Hattiesburg Division.

April 27, 2009.


Attorney(s) appearing for the Case

Benjamin Geoffrey Harrison, B. Geoffrey Harrison, PA, Christopher E. Fitzgerald, Fitzgerald & Associates, PLLC, Ocean Springs, MS, for Plaintiffs.

Rick D. Norton, William Arthur Whitehead, Jr., Bryan Nelson, PA, Hattiesburg, MS, for Defendants.


MEMORANDUM OPINION AND ORDER

KEITH STARRETT, District Judge.

This cause is before the Court on the motion to dismiss on the basis of qualified immunity [Doc. #24] filed by Defendants Covington County School District, et al. The Plaintiffs, Jane Doe, Daniel Magee, and Geneva Magee, oppose the motion. [Doc. #27]. The primary question presented is whether a DeShaney "special relationship" arises between public school students attending school...

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