KITTLE-AIKELEY v. CLAYCOMB

Nos. 13-3264, 14-1145.

807 F.3d 913 (2015)

Brandon KITTLE-AIKELEY; Michael Barrett, IV; Jacob Curliss; John Doe, Plaintiffs-Appellees v. Donald M. CLAYCOMB, in his official capacity as President of Linn State Technical College; Toni R. Schwartz, in her official capacity as member of the Linn State Technical College Board of Regents; John Klebba, in his official capacity as member of the Linn State Technical College Board of Regents, Defendants-Appellants. Christopher T. Davidson, Defendant. Diane Benetz, in her official capacity as member of the Linn State Technical College Board of Regents; Mark J. Collom, in his official capacity as member of the Linn State Technical College Board of Regents; Erick V. Kern, in his official capacity as member of the Linn State Technical College Board of Regents; J. Scott Christianson, in his official capacity as member of the Linn State Technical College Board of Regents, Defendants-Appellants. Member, in his/her official capacity as member of the Linn State Technical College Board of Regents, Defendant. Brandon Kittle-Aikeley; Michael Barrett, IV; Jacob Curliss; John Doe, Plaintiffs-Appellees, v. Donald M. Claycomb, in his official capacity as President of Linn State Technical College; Toni R. Schwartz, in her official capacity as member of the Linn State Technical College Board of Regents; John Klebba, in his official capacity as member of the Linn State Technical College Board of Regents, Defendants-Appellants. Christopher T. Davidson, Defendant. Diane Benetz, in her official capacity as member of the Linn State Technical College Board of Regents; Mark J. Collom, in his official capacity as member of the Linn State Technical College Board of Regents; Erick V. Kern, in his official capacity as member of the Linn State Technical College Board of Regents; J. Scott Christianson, in his official capacity as member of the Linn State Technical College Board of Regents, Defendants-Appellants. Member, in his/her official capacity as member of the Linn State Technical College Board of Regents, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: December 7, 2015.

Corrected: December 9, 2015.


Attorney(s) appearing for the Case

Kent L. Brown , Jefferson City, MO, argued ( Judith Anne Willis , on the brief), for appellants.

Anthony E. Rothert , American Civil Liberties Union of Missouri Foundation, St. Louis, MO, argued ( Grant R. Doty , American Civil Liberties Union of Missouri Foundation, St. Louis, MO, Jason D. Williamson , American Civil Liberties Union, New York, N.Y., Gillian R. Wilcox , American Civil Liberties Union of Missouri Foundation, Kansas City, MO, on the brief), for appellees.

Before BYE, BEAM, and SMITH, Circuit Judges.


Appellants, members of the Linn State Technical College1 Board of Regents acting in their official capacities, and Donald M. Claycomb, President of Linn State Technical College ("Linn State" or "the College"), appeal the district court's grant of a permanent injunction and subsequent grant of attorneys...

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