United States Eighth Circuit

In a 42 U.S.C. section 1983 action wherein plaintiffs claimed that a school district's termination of transportation services to parochial schools violated their constitutional rights, summary judgment for defendant-school district is affirmed based on plaintiffs' lack of standing where: 1) the alleged discrimination could not have caused plaintiffs injury prior to the effective date of a statute, as the school district lacked legal authority to bus private-school students prior to that date; and 2) claims of discrimination after the statute's effective date were unavailing, as plaintiffs failed to ask the district to resume busing services under the new legislation which allowed, but did not require the district to provide such services.

Appellate Information

• Decided 05/23/2008
• Published 05/23/2008

Judges

• GRUENDER, Circuit Judge., Before RILEY, GRUENDER and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Roger T. Severino, argued, Kevin J. Hasson, Eric C. Rassbach, Washington, DC, Daniel F. Duff, Jeffrey G. Hurd, Rapid City, SD, on the brief, for appellant.


• For Appellees:
  
• Diane Patrick Best, argued, Naomi R. Cromwell, Roxanne Giedd, on the brief, Pierre, SD, for appellee.