HERNDON BY HERNDON v. CHAPEL HILL-CARRBORO

No. 95-2525.

89 F.3d 174 (1996)

Aric HERNDON, a minor, by Christiana and John HERNDON, as Guardians; Christiana Herndon, as Guardian of Aric Herndon, a minor, and in her own right; John Herndon, as Guardian of Aric Herndon, a minor, and in his own right; John Reinhard, III, a minor, by John and Ellen Reinhard, as Guardians; John Reinhard, as Guardian of John Reinhard III, a minor, and in his own right; Ellen Reinhard, as Guardian of John Reinhard III, a minor, and in her own right, Plaintiffs-Appellants, v. CHAPEL HILL-CARRBORO CITY BOARD OF EDUCATION; Ken Touw, in his official capacity as member of the Chapel Hill-Carrboro City Board of Education; Sue Baker, in her official capacity as member of the Chapel Hill-Carrboro City Board of Education; Lavonda Burnette, in her official capacity as member of the Chapel Hill-Carrboro City Board of Education; Mary Bushnell, in her official capacity as member of the Chapel Hill-Carrboro City Board of Education; Judith Ortiz, in her official capacity as member of the Chapel Hill-Carrboro City Board of Education; Ruth Royster, in her official capacity as member of the Chapel Hill-Carrboro City Board of Education; Neil G. Pedersen, in his official capacity as Superintendent of Chapel Hill-Carrboro City Schools, Defendants-Appellees. Kate Breen; Amy Cloud; Amy Rouse; American Alliance for Rights and Responsibilities; North Carolina School Boards Association, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided July 11, 1996.


Attorney(s) appearing for the Case

ARGUED: Scott Glenn Bullock, Institute for Justice, Washington, DC, for Appellants. John Gregory McCormick, John G. McCormick, P.A., Chapel Hill, North Carolina, Dennis Daniel Hirsch, Sidley & Austin, Washington, DC, for Appellees. ON BRIEF: William H. Mellor, III, Clint D. Bolick, Institute for Justice, Washington, DC, for Appellants. Eric W. Hinson, John G. McCormick, P.A., Chapel Hill, North Carolina; Rex E. Lee, Joseph R. Guerra, Michael J. Raphael, Sidley & Austin, Washington, DC; for Appellees. Richard Schwartz, Schwartz & Associates, Raleigh, North Carolina, for Amici Curiae Breen, Cloud, Rouse, and American Alliance. Ann L. Majestic, Ruth T. Dowling, Kathleen C. Boyd, Tharrington Smith, Raleigh, North Carolina, for Amicus Curiae School Boards Association.

Before ERVIN and NIEMEYER, Circuit Judges, and BUTZNER, Senior Circuit Judge.


Affirmed by published opinion. Judge ERVIN wrote the opinion, in which Judge NIEMEYER and Senior Judge BUTZNER joined.

OPINION

ERVIN, Circuit Judge.

The Chapel Hill-Carrboro City Schools require as a condition of graduation that high school students perform fifty hours of community service. Two students and their parents sued the Chapel Hill-Carrboro City Board of Education, the individual board members, and the system superintendent (collectively...

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