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DISABILITY RIGHTS SOUTH CAROLINA v. McMASTER

Civil Action No. 3:21-02728-MGL.

564 F.Supp.3d 413 (2021)

DISABILITY RIGHTS SOUTH CAROLINA; Able South Carolina; Amanda McDougald Scott, individually and on behalf of P.S., a minor; Michelle Finney, individually and on behalf of M.F., a minor; Lyudmyla Tskalova, individually and on behalf of M.A., a minor; Emily Poetz, individually and on behalf of L.P., a minor; Samantha Boevers, individually and on behalf of P.B., a minor; Timicia Grant, individually and on behalf of E.G., a minor; Christine Copeland, individually and on behalf of L.C., a minor; Heather Price, individually and on behalf of H.P., a minor; and Cathy Littleton, individually and on behalf of Q.L., a minor, Plaintiffs, v. Henry MCMASTER, in his official capacity as Governor of the State of South Carolina; Alan Wilson, in his official capacity as Attorney General of South Carolina; Molly Spearman, in her official capacity as State Superintendent of Education; Greenville County School Board; Horry County School Board One; Lexington County School Board One; Oconee County School Board; Dorchester County School Board Two; Charleston County School Board; and Pickens County School Board, Defendants.

United States District Court, D. South Carolina, Columbia Division.

Signed September 28, 2021.

Attorney(s) appearing for the Case

Adam Protheroe , SC Appleseed Legal Justice Center, Amanda Carolyn Hess, Anna Maria Conner, Byron Randall Dong , Disability Rights South Carolina, Columbia, SC, David Allen Chaney, Jr. , Chaney Legal Services, Rita Bolt Barker , Wyche PA, Greenville, SC, Tara Lynn Williamson , Pro Hac Vice, Arnold and Porter Kaye Scholer LLP, Washington, DC, for Plaintiffs Disability Rights South Carolina, Able South Carolina, Amanda McDougald Scott, Michelle Finney, Lyudmyla Tsykalova, Emily Poetz, Samantha Boevers, Christine Copeland, Heather Price, Cathy Littleton, Timicia Grant.

Thomas Ashley Limehouse, Jr. , William Grayson Lambert , Office of the Governor State of South Carolina South Carolina State House, Columbia, SC, for Defendant Henry McMaster.

Alan Wilson , James Emory Smith, Jr. , Robert Dewayne Cook , SC Attorney General's Office, Columbia, SC, for Defendant Alan Wilson.

Cathy Lynne Hazelwood , SC Department of Education Office of General Counsel, Leslie Arlen Cotter, Jr. , Richardson Plowden and Robinson, Columbia, SC, for Defendant Molly Spearman.

Allison A. Hanna , John M. Reagle , Thomas Kennedy Barlow , Halligan Mahoney and Williams PA, Columbia, SC, for Defendants Greenville County School Board, Horry County School Board, Oconee County School Board, Dorchester County School Board Two, Charleston County School Board, Pickens County School Board.

David T. Duff , David Nelson Lyon , Duff Freeman Lyon LLC, Columbia, SC, for Defendant Lexington County School Board One.

MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFFS' MOTIONS FOR A TEMPORARY RESTRAINING ORDER AND A PRELIMINARY INJUNCTION

I. INTRODUCTION

Disability Rights South Carolina; Able South Carolina; Amanda McDougald Scott, individually and on behalf of P.S., a minor; Michelle Finney,...

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