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B.W.A. v. FARMINGTON R-7 SCHOOL DIST.

No. 07-3099.

554 F.3d 734 (2009)

B.W.A., a Minor; Marc Archambo, individually and as Next Friend of B.W.A., A Minor; Tamra Archambo, individually and as Next Friend of B.W.A., A Minor; R.S., a Minor; Opal Scaggs, as Next Friend of R.S.; S.B., a Minor; Patricia Hill, as Next Friend of S.B., Plaintiffs-Appellants, v. FARMINGTON R-7 SCHOOL DISTRICT; W.L. Sanders, in his official Capacity as Superintendent of Farmington R-7 School District; Judith Delaney, in her official Capacity as Assistant Superintendent of Farmington R-7 School District; Mark Krause, in his official capacity as Teacher/Instructor of Farmington R-7 School District; Susan Barber, in her official capacity as Assistant Principal of Farmington R-7 School District; Todd McKinney, in his official capacity as Dean of Students of Farmington R-7 School District, Defendants-Appellees. United States of America, Amicus on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 30, 2009.

Attorney(s) appearing for the Case

Robert Herman, argued, Lawrence J. Altman, on the brief, St. Louis, MO, for appellant.

Thomas A. Mickes, argued, Sarah A. Wight, on the brief, St. Louis, MO, for appellee.

Mark L. Gross, Teresa Kwong, and Lisa Wilson Edwards, DOJ, Washington, DC., for United States as Amicus Curiae.

Before LOKEN, Chief Judge, WOLLMAN and SMITH, Circuit Judges.

SMITH, Circuit Judge.

B.W.A., a minor and student at Farmington High School ("Farmington High"), along with fellow students R.S. and S.B., brought this First Amendment action against Farmington R-7 School District ("the District") and its school officials after they were sent home for refusing to remove items of clothing depicting the Confederate flag symbol. After extensive discovery, the district court

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