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McMILLEN v. ITAWAMBA COUNTY SCHOOL DIST.

No. 1:10CV61-D-D.

702 F.Supp.2d 699 (2010)

Constance McMILLEN Plaintiff v. ITAWAMBA COUNTY SCHOOL DISTRICT; Teresa McNeece, in her official capacity as the Superintendent of Itawamba County School District; Trae Wiygul, in his official capacity as Principal of Itawamba Agricultural High School, and Rick Mitchell, in his official capacity as Assistant Principal of Itawamba Agricultural High School Defendants

United States District Court, N.D. Mississippi, Eastern Division.

March 23, 2010.

Attorney(s) appearing for the Case

Christine P. Sun, American Civil Liberties Union Foundation, Inc., Joshua Glick, Norman C. Simon, Kramer Levin Naftalis & Frankel LLP, New York, NY, Kristy L. Bennett, ACLU of Mississippi, Jackson, MS, Alysson Leigh Mills, Fishman Haygood, New Orleans, LA, for Plaintiff.

Benjamin E. Griffith, Daniel J. Griffith, Griffith & Griffith, Cleveland, MS, Michele Horn Floyd, Fulton, MS, for Defendants.

OPINION DENYING MOTION FOR PRELIMINARY INJUNCTION

DAVIDSON, Senior District Judge.

Presently before the court is Plaintiff's motion for preliminary injunctive relief pursuant to Rule 65 of the Federal Rules of Civil Procedure. Upon due consideration, the court finds that the motion should be denied. The Court, however, holds that Plaintiff has met her burden of proof as to three of the four factors required...

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