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G.C. v. OWENSBORO PUBLIC SCHOOLS

No. 11-6476.

711 F.3d 623 (2013)

G.C., Plaintiff-Appellant, v. OWENSBORO PUBLIC SCHOOLS; Larry Vick, in his individual capacity as Superintendent of Owensboro High School; Anita Burnette, in her individual capacity as Principal of Owensboro High School; Melissa Brown and Christina Smith, in their individual capacities as Assistant Principals of Owensboro High School, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 28, 2013.

Attorney(s) appearing for the Case

ARGUED: Edward E. Dove, Dove Law Office, Lexington, Kentucky, for Appellant. Michael A. Owsley, English, Lucas, Priest & Owsley, LLP, Bowling Green, Kentucky, for Appellees. ON BRIEF: Edward E. Dove, Dove Law Office, Lexington, Kentucky, for Appellant. Michael A. Owsley, English, Lucas, Priest & Owsley, LLP, Bowling Green, Kentucky, for Appellees.

MOORE, J., delivered the opinion of the court, in which DONALD, J., joined, and NORRIS, J., joined in part. NORRIS, J. (pp. 635-36), delivered a separate opinion concurring in part and dissenting in part.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Plaintiff-Appellant G.C. began attending school in the Owensboro Public School District as an out-of-district student in 2005. In September 2009, G.C. was caught sending text messages in class. School officials confiscated his cell phone and read the text messages. Because this was the last in a series of disciplinary infractions, Superintendent Dr. Larry Vick ("Vick") revoked G.C.'s out-of-district status, barring...

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