VLAMING v. WEST POINT SCHOOL BD.

No. 20-1940.

10 F.4th 300 (2021)

Peter VLAMING, Plaintiff-Appellee, v. WEST POINT SCHOOL BOARD; Laura Abel, in her official capacity as Division Superintendent; Jonathan Hochman, in his Official Capacity as Principal of West Point High School; Suzanne Aunspach, or Her Successor in Office, in her official capacity as Assistant Principal of West Point High School, Defendants-Appellants, and John Doe, Amicus Supporting Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: August 20, 2021.


Attorney(s) appearing for the Case

ARGUED: Edward Henderson Williams, II , WILMERHALE LLP, Washington, D.C., for Appellants. Tyson C. Langhofer , ALLIANCE DEFENDING FREEDOM, Ashburn, Virginia, for Appellee. ON BRIEF: Stacy Haney , HANEY PHINYOWATTANACHIP, Richmond, Virginia; Paul R.Q. Wolfson , Bruce M. Berman , Tania Faransso , Washington, D.C., Alan E. Schoenfeld , WILMERHALE LLP, New York, New York, for Appellants. J. Caleb Dalton , Washington, D.C., Ryan Bangert , Scottsdale, Arizona, David A. Cortman , ALLIANCE DEFENDING FREEDOM, Lawrenceville, Georgia; Shawn A. Voyles , MCKENRY DANCIGERS DAWSON, P.C., Virginia Beach, Virginia, for Appellee. Luke Platzer , Washington, D.C., Cayman Mitchelle , New York, New York, Kristen Green , JENNER & BLOCK LLP, Los Angeles, California; Asaf Orr , Shannon Minter , NATIONAL CENTER FOR LESBIAN RIGHTS, San Francisco, California, for Amicus Curiae.

Affirmed by published opinion. Judge Quattlebaum wrote the opinion, in which Judge Richardson joined and Judge Floyd concurred in the judgment. Judge Floyd wrote a separate concurring opinion.


This appeal provides us the rare opportunity to review a remand order. A local school board fired a teacher for refusing to comply with its policies prohibiting discrimination and harassment. The teacher brought state causes of action in state court to challenge his termination. The school board removed the case to federal...

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