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S.S. v. EASTERN KENTUCKY UNIVERSITY

No. CIV.A. 5:03-20-JMH.

431 F.Supp.2d 718 (2006)

S.S., Plaintiff, v. EASTERN KENTUCKY UNIVERSITY, et al., Defendants.

United States District Court, E.D. Kentucky, Lexington.

May 19, 2006.

Attorney(s) appearing for the Case

Christopher S. Turner, Yunker & Associates, J. Dale Golden, Golden & Walters PLLC, Katherine S. Sanford, Yunker & Associates, Katherine K. Yunker, Yunker & Associates, Oran S. McFarlan., III, Yunker & Associates, Lexington, KY, for S.S. a minor, by and through his Parents and Next of Friends Next Friend James Stutts Next Friend Carol Stutts, Plaintiff.

Douglas L. McSwain, Sturgill, Turner, Barker & Moloney PLLC, Joshua Michael Salsburey, Sturgill, Turner, Barker & Moloney PLLC, Merrie Kristin Winfrey, Sturgill, Turner, Barker & Moloney PLLC, Patricia T. Bausch, Sturgill, Turner, Barker & Moloney PLLC, Stephen Lewis Barker, Sturgill, Turner, Barker & Moloney PLLC, Lexington, KY, for Eastern Kentucky University, Jacqueline Vance Individually, Ellen Rini Individually, Defendants.

MEMORANDUM OPINION AND ORDER

HOOD, District Judge.

This matter is before the Court on Defendants' motion for summary judgment [Record No. 189].1 All responses and replies having been filed, this matter is now ripe for review.

I. FACTUAL BACKGROUND

A. Introduction

At the time this case was filed, Plaintiff was a student enrolled at the Model Laboratory Middle School ("Model"), which is operated...

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