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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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