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Pucket v. Hot Springs School Dist. No. 23-2

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Submitted: March 14, 2008

Before RILEY, GRUENDER and SHEPHERD, Circuit Judges.

The Hot Springs School District 23-2 and Hot Springs School Board (“School District”) discontinued busing students of Bethesda Lutheran School (“Bethesda”), a private religious school located within the School District’s boundaries. Daniel, Amy, Luke and Benjamin Pucket (“Puckets”), parents of students and students enrolled at Bethesda, filed an action under 42 U.S.C. § 1983, arguing that the School District’s termination of busing services for Bethesda students violated the First and Fourteenth Amendments of the United States Constitution. The Puckets argue that the School District unconstitutionally deprived them of busing services because it relied on two allegedly unconstitutional provisions of the South Dakota Constitution to terminate the busing services. South Dakota Attorney General Lawrence Long (“State”) intervened to defend the state constitution provisions. The district court*fn1 granted the summary judgment motions of the School District and the State. On appeal we conclude that the Puckets lack standing to bring this lawsuit, and we affirm the dismissal.

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