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. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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