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BREEN v. KAHL

No. 68-C-201.

296 F.Supp. 702 (1969)

Thomas BREEN, a minor, by his mother and next friend, Jane Breen; and James A. Anton, a minor by his parents and next friend, William and Marie Anton, Plaintiffs, v. William C. KAHL, individually and as State Superintendent of Public Instruction of the State of Wisconsin; David Hawley, individually and as Principal of Williams Bay High School; Arno D. Wehle, individually and as Superintendent of Williams Bay Schools; Robert R. Brown, individually and as a member of the Williams Bay Board of Education; Elmer M. Hansen, individually and as a member of the Williams Bay Board of Education; Marilyn Prugh, individually and as a member of the Williams Bay Board of Education; Harold McCarthy, individually and as a member of the Williams Bay Board of Education; Alice Morava, individually and as a member of the Williams Bay Board of Education, Defendants.

United States District Court W. D. Wisconsin.

February 20, 1969.

Attorney(s) appearing for the Case

Sander N. Karp, Percy L. Julian, Jr., Madison, Wis., for plaintiffs.

Max C. Ashwill, Legal Consultant, Dept. of Public Instruction, Robert D. Martinson, Asst. Atty. Gen., Madison, Wis., for defendant Kahl.

R. G. Richardson, Jr., Delavan, Wis., for other defendants.

OPINION, ORDER AND JUDGMENT

JAMES E. DOYLE, District Judge.

Plaintiffs have brought this action to challenge a regulation promulgated by the Williams Bay Board of Education. They seek a declaration that the regulation violates the Constitution of the United States, and an injunction against its continued enforcement.

Jurisdiction is asserted under 42 U.S.C. § 1983, and 28 U.S.C. §§ 1343(3) and (4), among other provisions. Jurisdiction...

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