Glendle Cain, III v. Owensboro Public Schools, et al

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OPINION and JUDGMENT filed: district court's grant of summary judgment on plaintiff's Rehabilitation Act claim is AFFIRMED, the grant of summary judgment on plaintiff's due-process and Fourth Amendment claims is REVERSED and the case is REMANDED, decision for publication. Alan E. Norris (CONCURRING IN PART, DISSENTING IN PART); Karen Nelson Moore (AUTHORING) and Bernice Bouie Donald, Circuit Judges.

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Case: 11-6476 Document: 006111636189 Filed: 03/28/2013 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 11-6476 FILED Mar 28, 2013 G.C., DEBORAH S. HUNT, Clerk Plaintiff - Appellant, v. OWENSBORO PUBLIC SCHOOLS; LARRY VICK, in his individual capacity as Superintendent of Owensboro High School; ANITA BURNETTE, in her individual capacity as Principal of Owensboro High School; MELISSA BROWN and CHRISTINA SMITH, in their individual capacities as Assistant Principals of Owensboro High School, Defendants - Appellees. Before: NORRIS, MOORE, and DONALD, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Western District of Kentucky at Owensboro. THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s grant of summary judgment on plaintiff’s Rehabilitation Act claim is AFFIRMED, the grant of summary judgment on plaintiff’s due-process and Fourth Amendment claims is REVERSED, and the case is REMANDED for further proceedings consistent with the opinion of this court. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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