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Legal Opinion

Brabson v. Floyd County Board of Education

District Court, E.D. Kentucky

Decided July 13, 2011No. Civil 10-159-ARTPublished

1Opinion of the Court

MEMORANDUM OPINION & ORDER

AMUL R. THAPAR, District Judge.

When is a school board not just a school board? When it is acting as a private entity for profit in the marketplace. Because it is unclear whether the Floyd County Board of Education engaged in a governmental, rather than proprietary, function when it permitted a private cheer-leading company to use its property, it is not presently entitled to governmental immunity. Its motion to dismiss is therefore denied.

BACKGROUND

Generations of young athletes have competed for glory on the wooden planks of the Prestonsburg High School gymnasium…

2Cases cited9 opinions

  1. Yanero v. DavisKentucky Supreme Court · 2001
  2. Withers v. University of KentuckyKentucky Supreme Court · 1997
  3. Breathitt County Board of Education v. PraterKentucky Supreme Court · 2009
  4. Schwindel v. Meade CountyKentucky Supreme Court · 2003
  5. Kentucky Center for the Arts Corp. v. BernsKentucky Supreme Court · 1991

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