Dist Ct. did not err in granting defendants-state official and school district’s motion for summary judgment in plaintiffs-Catholic private school and parents’ section 1983 action alleging that defendants violated their First Amendment rights by refusing to provide school transportation to parents’ children to attend plaintiffs’ school, even though Wis. statute required school district to bus private-school students under certain circumstances. Record failed to establish that defendants withheld public benefits on basis of non-neutral religious criteria, and Wis. statute allowed defendants to deny said transportation benefits, where another self-identified Catholic private school within relevant area had previously applied and obtained said transportation benefits for its students. Ct. rejected plaintiffs’ claim that defendants made impermissible inquiry into religious character of plaintiffs’ school to determine that plaintiffs’ school was affiliated with another Catholic private school. (Dissent filed.)
Federal 7th Circuit Court
Civil Court
First Amendment