Emma Malone v. Marshall County Bd. of Ed., No. 06-13969 (11th Cir. 2006)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ___________________ No. 06-13969 Non-Argument Calendar ____________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT DEC 5, 2006 THOMAS K. KAHN CLERK D. C. Docket No. 04-03389-CV-4-RDP EMMA MALONE, by and through her father and next friend, James Malone, JAMES MALONE, individually, Plaintiffs-Appellants, versus MARSHALL COUNTY BOARD OF EDUCATION, LOWELL SMITH, AMY HOLCOMB, Defendants-Appellees. _______________________ Appeal from the United States District Court for the Northern District of Alabama _______________________ (December 5, 2006) Before TJOFLAT, DUBINA and CARNES, Circuit Judges. PER CURIAM: In its Memorandum Opinion of June 29, 2006, the district court granted appellees summary judgment on alternative holdings: (1) appellants failed to establish the substantive due process right alleged in their complaint; and (2) assuming they established such right, appellants failed to show that the right was clearly established at the time of appellees actions. Appellants now appeal the court s ruling. As we agree with the district court s alternative holdings (for the reasons the court gave in its June 29 order), we affirm the court s judgment. AFFIRMED. 2

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