United States Tenth Circuit

In a First Amendment challenge to Defendant school district's discipline of Plaintiff based on religious-themed remarks she made in a graduation speech, judgment on the pleadings for Defendant is affirmed, where the action was moot because Plaintiff graduated from high school and was unlikely to be subjected to further discipline.

Appellate Information

• Decided 05/29/2009
• Published 05/29/2009

Judges

• BRISCOE, Circuit Judge., Before BRISCOE, SEYMOUR, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Stephen M. Crampton (Mary E. McAlister, Liberty Counsel, Lynchburg, VA;  Mathew D. Staver, Liberty Counsel, Maitland, FL, with him on the briefs), of Liberty Counsel, Lynchburg, VA, for Plaintiff-Appellant., Steven W. Fitschen, Virginia Beach, VA, (Douglas E. Myers with him on the brief), filed an amicus curiae brief for The National Legal Foundation.


• For Appellees:
  
• W. Stuart Stuller of Caplan and Earnest LLC, Boulder, CO (Kristin C. Edgar with him on the brief), for Defendant-Appellee.