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BRABSON v. FLOYD COUNTY BD. OF EDUC.

Civil No. 10-159-ART.

796 F.Supp.2d 862 (2011)

Carey BRABSON, Plaintiff, v. FLOYD COUNTY BOARD OF EDUCATION, et al., Defendants.

United States District Court, E.D. Kentucky, Southern Division, Pikeville.

July 13, 2011.

Attorney(s) appearing for the Case

Bruce Clark Batten, II , Martin & Vincent, Ashland, KY, for Plaintiff.

Michael J. Schmitt , Jonathan C. Shaw , Porter, Schmitt, Banks & Baldwin, Paintsville, KY, Christopher A. Bates , Seiller Waterman, LLC, Louisville, KY, for Defendants.

MEMORANDUM OPINION & ORDER

AMUL R. THAPAR, District Judge.

When is a school board not just a school board? When it is acting as a private entity for profit in the marketplace. Because it is unclear whether the Floyd County Board of Education engaged in a governmental, rather than proprietary, function when it permitted a private cheerleading company to use its property, it is not presently entitled to governmental immunity. Its motion to dismiss is therefore...

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