[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED U.S. COURT OF APPEALS ___________________ ELEVENTH CIRCUIT DEC 5, 2006 THOMAS K. KAHN No. 06-13969 CLERK Non-Argument Calendar ____________________

D. C. Docket No. 04-03389-CV-4-RDP

EMMA MALONE, by and through her father and next friend, James Malone, JAMES MALONE, individually,

Plaintiffs-Appellants, versus

MARSHALL COUNTY BOARD OF EDUCATION, LOWELL SMITH, AMY HOLCOMB,

Defendants-Appellees.

_______________________

Appeal from the United States District Court for the Northern District of Alabama _______________________

(December 5, 2006)

Before TJOFLAT, DUBINA and CARNES, Circuit Judges. PER CURIAM:

In its Memorandum Opinion of June 29, 2006, the district court granted

appellees summary judgment on alternative holdings: (1) appellants failed to

establish the substantive due process right alleged in their complaint; and (2)

assuming they established such right, appellants failed to show that the right was

clearly established at the time of appellees’ actions. Appellants now appeal the

court’s ruling. As we agree with the district court’s alternative holdings (for the

reasons the court gave in its June 29 order), we affirm the court’s judgment.

AFFIRMED.

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