United States Sixth Circuit

In a section 1983 suit brought against a county Board of Education (Board) by the parents of children who were dismissed from a high school football team for challenging their coach's leadership, a jury verdict in favor of defendants is affirmed where: 1) the Board's policy amounts to a content-neutral time, place and manner regulation; 2) the board's policy is not unconstitutionally vague on its face and as applied; 3) plaintiffs' challenges to several of trial court's jury instructions are rejected; but 4) district court's decision to grant $87,216.49 in attorney's fees and expenses to defendants is reversed as plaintiffs' action were not frivolous, unreasonable, or without foundation.

Appellate Information

• Decided 11/12/2009
• Published 11/12/2009

Judges

• Before KEITH, SUTTON and WHITE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  G. Mark Mamantov, Bass, Berry & Sims, PLC, Knoxville, Tennessee, Michael S. Kelley, Kennerly, Montgomery & Finley, P.C., Knoxville, Tennessee, for Appellants.  Linda J. Hamilton Mowles, Lewis, King, Krieg & Waldrop, P.C., Knoxville, Tennessee, for Appellees.   ON BRIEF:  G. Mark Mamantov, Bass, Berry & Sims, PLC, Knoxville, Tennessee, Michael S. Kelley, Kennerly, Montgomery & Finley, P.C., Knoxville, Tennessee, for Appellants.  Linda J. Hamilton Mowles, Lewis, King, Krieg & Waldrop, P.C., Knoxville, Tennessee, for Appellees.