United States Sixth Circuit

In a suit alleging that plaintiffs' First Amendment rights were violated after they were dismissed from a high school football team, denial of summary judgment is reversed where it was reasonable for defendants to forecast that a petition challenging the leadership of the team's coach would undermine the coach's authority and sow disunity on the football team, thus there was no constitutional violation under Tinker v. Des Moines Indep. Cmty. Sch. Dist. and the defendants were therefore entitled to qualified immunity.

Appellate Information

• Argued 04/24/2007
• Decided 08/03/2007
• Published 08/03/2007

Judges

• Before: SILER and GILMAN, Circuit Judges;  ZATKOFF, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Linda J. Hamilton Mowles, Lewis, King, Krieg & Waldrop, Knoxville, Tennessee, for Appellants.  Matthew M. Scoggins III, Bass, Berry & Sims, Knoxville, Tennessee, for Appellees.   ON BRIEF:Linda J. Hamilton Mowles, Lewis, King, Krieg & Waldrop, Knoxville, Tennessee, for Appellants.  Matthew M. Scoggins III, Michael S. Kelley, Bass, Berry & Sims, Knoxville, Tennessee, for Appellees.