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HIGGINBOTTOM EX REL. DAVIS v. KEITHLEY

Nos. NA 98-0021-C B/S, NA 98-0073-C B/S, NA 98-0076-C B/S.

103 F.Supp.2d 1075 (1999)

Joshua HIGGINBOTTOM, By His Natural Guardian, Karen Dale DAVIS, and Merlin Q. Christian Farnworth, By His Next Friend and Natural Guardian, Kathryn Farnworth, and Anton Cousin, By His Next Friend and Natural Guardian, Tracy Mosley, and Steven Deluca, By His Next Friend and Natural Guardian, Ralph Deluca, Plaintiffs, v. Urbie KEITHLEY, In His Individual Capacity and His Official Capacity as Principal of Lillian Emery Elementary School, and Larry Brunson, In His Individual Capacity and His Official Capacity as Teacher of Lillian Emery Elementary School, and Edward Adams, In His Official Capacity as Superintendent of New Albany-Floyd County Consolidated School Corporation, and Jerol Miller, In His Official Capacity as Trustee of New Albany-Floyd County Consolidated School Corporation, et al., Defendants.

United States District Court, S.D. Indiana, New Albany Division.

October 6, 1999.

Attorney(s) appearing for the Case

Bruce A. Brightwell, Louisville, KY, Julia A. Fifer, Fifer Law Office, New Albany, IN, Brent Welke, English, IN. for plaintiffs.

William H. Kelley, Kelley Belcher & Brown, P.C., Bloomington, IN, for defendants.

ENTRY DENYING PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

BARKER, Chief Judge.

Plaintiffs, former sixth grade students at Lillian Emery Elementary School, bring a 42 U.S.C. § 1983 action against their teacher, the superintendent and trustees of the county School Corporation. They contend that their teacher, Larry Brunson ("Brunson"), subjected them to an unreasonable...

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