ILNews

Judge: Parents not responsive in Anderson school uniform suit

Michael W. Hoskins
January 1, 2007
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The legal challenge to a new school uniform policy in Anderson could be slowly slipping away, as a federal judge in Indianapolis is looking to dismiss the case after the pro se parent plaintiffs "utterly failed" to respond to discovery requests and haven't shown any likelihood of prevailing in court.

U.S. District Judge John D. Tinder on Friday vacated an injunction hearing and trial set for this morning because of the plaintiffs' lack of response. He has issued orders barring testimony and evidence, essentially dismissing the case initiated by parents Laura and Scott Bell.

The two filed suit in Madison Circuit Court on Tuesday 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.

This dress code - similar to those implemented in other Hoosier school districts such as the Indianapolis Public Schools that took effect today - 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.

Anderson Community Schools had asked for summary judgment July 30, noting that there is no basis for the federal or state law claims regarding a constitutional right to a "free education" and no violation of "parental rights" under the 9th and 14th amendments.

While the summary judgment motion hadn't been granted by IL deadline this afternoon, Judge Tinder had granted a motion prohibiting testimony on residency and custodial status information on their children, factual testimony about amendment violation claims, and any information on alleged financial hardship resulting from the policy compliance. Today, the Bells submitted an objection to the dismissal along with an amended motion for preliminary injunction.
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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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