Opinion · Court of Appeals for the Seventh Circuit

Parents for Quality Education With Integration, Inc. v. Indiana

986 F.2d 206

Type: Opinion
Court: Court of Appeals for the Seventh Circuit
Jurisdiction: Federal
Date: 1993-02-18
Topic: general

ORDER ON REHEARING The State of Indiana is not, under the Eleventh Amendment, a proper defendant and is hereby dismissed. The opinion of the court issued October 23, 1992, 977 F.2d 1207; is hereby modified as provided in this order. On page 3 of the opinion, 14 lines from the top, delete the parenthetical reading: (the State of Indiana and state officials) On further consideration of the petition for rehearing with suggestion for rehearing en banc, no judge in active service has requested a vote thereon and all of the judges on the original panel have voted to deny rehearing. Accordingly, IT IS ORDERED that the aforesaid petition for rehearing be, and the same is hereby, DENIED.

Citator

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Cited by: 2 opinions

PARENTS FOR QUALITY EDUC. v. STATE OF INDIANA,986 F.2d 206(7th Cir. 1993)

PARENTS FOR QUALITY EDUCATION WITH INTEGRATION, INC., SCEPTER BROWNLEE, BY

HIS MOTHER AND NEXT FRIEND, ORA BROWNLEE, TORREY COOK, BY HIS PARENTS AND

NEXT FRIENDS, REGINA COOK AND RICHARD COOK, ET AL., PLAINTIFFS-APPELLEES, v.

STATE OF INDIANA, EVAN BAYH, GOVERNOR OF THE STATE OF INDIANA, LINLEY E.

PEARSON, ATTORNEY GENERAL OF THE STATE OF INDIANA, DR. H. DEAN EVANS, STATE

SUPERINTENDENT OF PUBLIC INSTRUCTION AND CHAIRMAN OF THE STATE BOARD OF

EDUCATION, DR. DAVID O. DICKSON, TED L. MARSTON, PAUL L. McFANN, DAVID H.

SWANSON, CONNIE BLACKKETTER, MARGARET ANN KELLEY, DR. NORMA J. COOK,

KATHERINE L. STARTIN, J. PATRICK O'REAR, GRANT W. HAWKINS, MEMBERS OF THE

INDIANA STATE BOARD OF EDUCATION, AND INDIANA DEPARTMENT OF EDUCATION,

DEFENDANTS-APPELLANTS.

No. 91-3437.

United States Court of Appeals, Seventh Circuit.

February 18, 1993.

Before CUMMINGS and CUDAHY, Circuit Judges, and DILLIN, District Judge.^fn*

[1] ORDER ON REHEARING

[2] The State of Indiana is not, under the Eleventh Amendment, a proper defendant and is hereby dismissed.

[3] The opinion of the court issued October 23, 1992,977 F.2d 1207, is hereby modified as provided in this order.

[4] On page 3 of the opinion, 14 lines from the top, delete the parenthetical reading:

[5](the State of Indiana and state officials)

[6] On further consideration of the petition for rehearing with suggestion for rehearingen banc,no judge in active service has requested a vote thereon and all of the judges on the original panel have voted to deny rehearing. Accordingly,

[7] IT IS ORDERED that the aforesaid petition for rehearing be, and the same is hereby, DENIED.Page 207

Hon. S. Hugh Dillin, of the Southern District of Indiana, is sitting by designation. ↩