United States Sixth Circuit

In a suit brought by a child's parents against a school district and principal arising when the principal did not allow the child to "sell" certain candy canes at a simulated marketplace if a card bearing a religious message was attached, summary judgment for defendants is affirmed where the principal's decision was driven by legitimate pedagogical concerns, and thus, plaintiff's constitutional rights were not abridged.

Appellate Information

• Decided 01/16/2008
• Published 01/16/2008

Judges

• Before:  NORRIS, GIBBONS, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jeffrey A. Shafer, Alliance Defense Fund, Washington, DC, for Appellant.  Mary Massaron Ross, Plunkett & Cooney, Detroit, Michigan, for Appellee.   ON BRIEF:  Jeffrey A. Shafer, Alliance Defense Fund, Washington, DC, for Appellant.  Mary Massaron Ross, Plunkett & Cooney, Detroit, Michigan, for Appellee.  Steven W. Fitschen, National Legal Foundation, Virginia Beach, Virginia, for Amicus Curiae.