KITTLE-AIKELEY v. STRONG

No. 13-3264, 14-1145.

844 F.3d 727 (2016)

Branden KITTLE-AIKELEY; Michael Barrett, IV; Jacob Curliss; John Doe, Plaintiffs-Appellees, v. Dr. Shawn STRONG, in his official capacity as President of State Technical College of Missouri; Toni R. Schwartz, in her official capacity as member of the State Technical College of Missouri Board of Regents; John Klebba, in his official capacity as member of the State Technical College of Missouri Board of Regents, Defendants-Appellants, Christopher T. Davidson, Defendant. Bruce Darrough, in his official capacity as member of the State Technical College of Missouri Board of Regents; Mark J. Collom, in his official capacity as member of the State Technical College of Missouri Board of Regents; Erick V. Kern, in his official capacity as member of the State Technical College of Missouri Board of Regents; J. Scott Christianson, in his official capacity as member of the State Technical College of Missouri Board of Regents, Defendants-Appellants, Member, in his/her official capacity as member of the State Technical College of Missouri Board of Regents, Defendant. Branden Kittle-Aikeley; Michael Barrett, IV; Jacob Curliss; John Doe, Plaintiffs-Appellees, v. Dr. Shawn Strong, in his official capacity as President of State Technical College of Missouri; Toni R. Schwartz, in her official capacity as member of the State Technical College of Missouri Board of Regents; John Klebba, in his official capacity as member of the State Technical College of Missouri Board of Regents, Defendants-Appellants, Christopher T. Davidson, Defendant. Bruce Darrough, in his official capacity as member of the State Technical College of Missouri Board of Regents; Mark J. Collom, in his official capacity as member of the State Technical College of Missouri Board of Regents; Erick V. Kern, in his official capacity as member of the State Technical College of Missouri Board of Regents; J. Scott Christianson, in his official capacity as member of the State Technical College of Missouri Board of Regents, Defendants-Appellants, Member, in his/her official capacity as member of the State Technical College of Missouri Board of Regents, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: December 22, 2016.


Attorney(s) appearing for the Case

Counsel who presented re-argument on behalf of the appellant was Kent L. Brown , of Jefferson City, MO.

Counsel who presented re-argument on behalf of the appellee was Anthony E. Rothert , of Saint Louis, MO.

Before RILEY, Chief Judge, WOLLMAN, BEAM, LOKEN, MURPHY, SMITH, COLLOTON, GRUENDER, BENTON, SHEPHERD, and KELLY, Circuit Judges, En Banc.


Shawn Strong, in his official capacity as President of State Technical College of Missouri (Linn State),3 along with members of the Board of Regents of Linn State, also in their official capacities, appeal from the district court's4 grant of a

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