UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
LONDON DIVISION
SARAH DOE and THOMAS DOE,
on behalf of themselves and their minor
child, JAN DOE,
)
Plaintiffs
)
v. Civil Action No. 99-508
)
HARLAN COUNTY SCHOOL DISTRICT;
and DON MUSSELMAN, in his official capacity
as Superintendent of the Harlan County
School District,
)
Defendants
__________________________________________)
DEFENDANTSâ MOTION TO DISMISS
Come now the Defendants, the Board of Education of Harlan County, Kentucky and Don Musselman in his official capacity as Harlan County Superintendent, by counsel, and move the Court, pursuant to Rule 12 (b) (5), (6) and (7) of the Federal Rules of Civil Procedure, to dismiss the instant Complaint for failure to state any claim upon which relief may be granted.Ê Defendants state that this case is not about religion but rather is about an anonymous attempt to censor, suppress or rewrite American history because of Christian or religious references in historic governmental or ãstateä history.Ê The Ten Commandments are the precedent legal code of American law and government and a historical display of the Congressional Record, containing the Ten Commandments is not ãreligiousä nor does it make the school a ãchurch.äÊ As grounds for this Motion, Defendants state the following:
1.Ê The case is now moot, and there is no present justiciable controversy giving the court jurisdiction to render a declaratory judgment accordingly.
2.Ê The Plaintiffs lack standing to bring the action.
3.Ê Service of process was inadequate.
4.Ê There is a failure to state a claim upon which relief can be granted.
5.Ê The Complaint fails to identify and join indispensable parties (i.e., the Board of Education of Harlan County, Kentucky) pursuant to K.R.S. 160.160(1).
A Memorandum in support of this motion to dismiss is tendered herewith and incorporated herein by reference.
Wherefore, Defendants respectfully move the court to dismiss this action with prejudice.
Respectfully Submitted,
_________________________________________
Johnnie L. Turner
JOHNNIE L. TURNER, PSC
114 S. First Street
Harlan, Kentucky 40831
Counsel for Defendants
and
_________________________________________
Colonel Ronald D. Ray
Counselors at Law
3317 Halls Hill Road
Crestwood, KYÊ 40014
(502) 241-5552
(502) 241-1552 (facsimile)
and
__________________________________________
Theodore H. Amshoff, Jr.
AMSHOFF & AMSHOFF, P.S.C.
Ninth Floor
200 W. Broadway
P.O. Box 2848
Louisville, KYÊ 40201-2848
(502) 540-0060
(502) 540-0066 (facsimile)
Counsel for Defendants
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing, together with a copy of the Memorandum in Support of Defendantsâ Motion to Dismiss, was served by mail, on this 5th day of January, 2000, to counsel for the Plaintiffs at the following addresses:
Mr. David Friedman, Esq.
General Counsel
American Civil Liberties Union of Kentucky
425 W. Muhammad Ali Boulevard
Suite 230
Louisville, Kentucky 40202
Ms. Kathleen Flynn, Esq.
1900 Waterfront Plaza
325 West Main Street
Louisville, Kentucky 40202
Everett C. Hoffman, Esq.
SEGAL, SALES, STEWART, CUTLER & TILLMAN
2100 Waterfront Plaza
325 W. Main Street
Louisville, Kentucky 40202
Ms. C. Laurie Griffith, Esq.
GRIFFITH LAW OFFICE, PSC
108 Browns Lane
Louisville, Kentucky 40207
__________________________________________
Theodore H. Amshoff, Jr.
A:\HARLAN\Motion to Dismiss.wpd
UNITED STATES DISTRICT
COURT
EASTERN DISTRICT OF KENTUCKY
LONDON DIVISION
SARAH DOE and THOMAS DOE,
on behalf of themselves and their minor
child, JAN DOE,
)
Plaintiffs
)
v.
Civil Action No. 99-508
)
HARLAN COUNTY SCHOOL DISTRICT;
and DON MUSSELMAN, in his official capacity
as Superintendent of the Harlan County
School District,
Defendants
__________________________________________)
ORDER GRANTING DEFENDANTS MOTION TO DISMISS
Motion having been made, and the Court being sufficiently advised:
IT IS HEREBY ORDERED that this action be dismissed with prejudice.
__________________________________________
JUDGE, UNITED STATES DISTRICT COURT
__________________________________________
DATE