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GREEN v. NICHOLAS COUNTY SCHOOL DIST.

Civil Action No. 10-cv-89-JMH.

756 F.Supp.2d 828 (2010)

Michelle GREEN, in her individual capacity, and as Next Friend of Her Minor Child, D.G., Plaintiff, v. NICHOLAS COUNTY SCHOOL DISTRICT and Joseph Francis Orazen, in his individual capacity, Defendants.

United States District Court, E.D. Kentucky, Central Division, at Lexington.

December 15, 2010.

Attorney(s) appearing for the Case

Charles T. Lester, Jr., Eric C. Deters, Eric C. Deters & Associates, P.S.C., Independence, KY, for Plaintiff.

Robert L. Chenoweth, Grant R. Chenoweth, Chenoweth Law Office, Frankfort, KY, Elizabeth Anna Deener, John G. McNeill, Landrum & Shouse LLP, Lexington, KY, for Defendants.

MEMORANDUM OPINION AND ORDER

JOSEPH M. HOOD, Senior District Judge.

Defendant Nicholas County School District has filed a Motion to Dismiss [Record No. 5], Plaintiff has responded [Record No. 7], and Defendant has replied [Record No. 9]. This motion is now ripe for decision.

I. FACTUAL BACKGROUND

Plaintiff Michelle Green, in her individual capacity and as next friend of her minor child D.G., filed a complaint averring violations of 42 U...

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