United States Eighth Circuit

In an action arising from the detention of a high school student who wrote an essay detailing a fantasy murder-suicide inspired by the Columbine school shooting, summary judgment to county and school officials is affirmed where: 1) the essay qualified as a true threat and was not protected under the First Amendment; 2) a Fourth Amendment claim failed because defendant acted pursuant to a court order and reasonably relied in good faith on a valid ex parte order; and 3) state law clams also failed.

Appellate Information

• Decided 08/15/2008
• Published 08/15/2008

Judges

• GRUENDER, Circuit Judge., Before MURPHY, HANSEN and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Peter James Nickitas, argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• Jon Kermit Iverson, argued, Bloomington, MN, (Amber S. Lee, on the brief), for appellee.