ILNews

Judge dismisses school uniform suit

Michael W. Hoskins
January 1, 2007
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The other shoe has dropped in the Anderson school uniform legal challenge as a federal judge in Indianapolis has dismissed the suit.

U.S. District Judge John D. Tinder granted summary judgment for the school district late Monday, denying a preliminary injunction request from pro se parent plaintiffs Laura and Scott Bell. The couple filed a suit in Madison Circuit Court July 17 against Anderson Community Schools, claiming that a policy set to start on the first day of school Aug. 20 would violate the constitutional right of children to a free education.

Judge Tinder found they "utterly failed" to respond to requests for document discovery and hadn't shown any likelihood to prevail in court. He hinted at dismissal late last week when canceling a hearing set for Monday because of couple's lack of response, and he wrote in this latest 25-page order that this cancellation did not deny them "their day in court."

"The Bells were, however, given all the protections afforded any litigant in federal court and, as pro se litigants, their complaint was liberally read and construed," Judge Tinder wrote. "It was the Bells who did not comply with the requirements of the court's scheduling order."

Any state law claims remaining in the suit would be remanded to state court in Madison County, he added.

This means the dress code - similar to those implemented in other Hoosier school districts such as the Indianapolis Public Schools that took effect this week - can take effect once school begins. The policy limits students to black, navy, or khaki pants or skirts and solid color shirts and sweaters. Students wouldn't be allowed to wear baggy pants or skirts sagging below the midriffs, or shirts with writing on them.
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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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