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ELLIOTT v. NEW MIAMI BD. OF EDUC.

No. C-1-91-606.

799 F.Supp. 818 (1992)

Faith D. ELLIOTT, et al., Plaintiffs, v. NEW MIAMI BOARD OF EDUCATION, et al., Defendants.

United States District Court, S.D. Ohio, W.D.

April 30, 1992.

Attorney(s) appearing for the Case

Mary K. Carrothers Soter, Dayton, Ohio, for plaintiffs.

John Michael Fischer, Ennis, Roberts and Fischer, Cincinnati, Ohio, David Theodore Davidson, Baden, Jones, Scheper & Crehan, Hamilton, Ohio, Timothy McCutcheon Ruttle and Christine Davenport Krebs, Cincinnati, Ohio, for defendants.

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS

SPIEGEL, District Judge.

This matter is before the Court on the Defendants' motion to dismiss (doc. 24), the Plaintiffs' response (doc. 25), and the Defendants' reply (doc. 26).

The issue before this Court is whether a high school student at a public school has a cause of action under § 1983 when the student has been repeatedly harassed and assaulted by her classmates and the school authorities have...

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