Carol Smith v. Perkins Board of Education, et al

Filing

OPINION and JUDGMENT filed: The district court's decision as to Count One is AFFIRMED, its decision as to Counts Two, Three, and Four is REVERSED, and the case is REMANDED for further proceedings. Decision for publication. Eric L. Clay (AUTHORING), Deborah L. Cook, and Jane R. Roth, Circuit Judges. The Honorable Jane R. Roth, Senior Circuit Judge for the United States Court of Appeals for the Third Circuit, sitting by designation.

Case: 12-3187

Document: 006111604615

Filed: 02/27/2013

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT

FILED

No. 12-3187

Feb 27, 2013
CAROL ANN SMITH,
Plaintiff - Appellant,

DEBORAH S. HUNT, Clerk

v.
PERKINS BOARD OF EDUCATION; DR. JAMES
P. GUNNER, individually and in his capacity as
Superintendent of the Perkins Local School District;
STEPHEN P. FINN, individually and in his capacity
as Principal of Briar Middle School,
Defendants - Appellees,
STEVE SCHUSTER, et al.,
Defendants.
Before: CLAY, COOK, and ROTH, Circuit Judges.
JUDGMENT
On Appeal from the United States District Court
for the Northern District of Ohio at Toledo.
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 decision as to Count
One is AFFIRMED, its decision as to Counts Two, Three, and Four 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