Opinion
No. 18-12676
04-16-2021
Chike UZUEGBUNAM, Joseph Bradford, Plaintiffs - Appellants, v. Stanley C. PRECZEWSKI, President of Georgia Gwinnett College, in his official and individual capacities, Lois C. Richardson, Acting Senior Vice President of Academic and Student Affairs and Provost at Georgia Gwinnett College, in her official and individual capacities, Jim B. Fatzinger, Senior Associate Provost for Student Affairs for Georgia Gwinnett College, in his official and individual capacities, Tomas Jiminez, Dean of Students at Georgia Gwinnett College, in his official and individual capacities, Aileen C. Dowell, Director of the Office of Student Integrity at Georgia Gwinnett College, in her official and individual capacities, Gene Ruffin, Dean of Library Services at Georgia Gwinnett College, in his official and individual capacities, Catherine Jannick Downey, Head of Access Services and Information Commons, in her official and individual capacities, Terrance Schneider, Associate Vice President of Public Safety and Emergency Preparedness/Chief of Police at Georgia Gwinnett College, in his official and individual capacities, Corey Hughes, Campus Police Lieutenant at Georgia Gwinnett College, in his official and individual capacities, Rebecca A. Lawler, Community Outreach and Crime Prevention Sergeant at Georgia Gwinnett College, in her official and individual capacities, Shenna Perry, Campus Safety/Security Officer at Georgia Gwinnett College, in her official and individual capacities, Defendants - Appellees.
Travis Christopher Barham, David Andrew Cortman, Alliance Defending Freedom, Lawrenceville, GA, Tyson C. Langhofer, Alliance Defending Freedom, Ashburn, VA, Michael Casey Mattox, Kristen K. Waggoner, Alliance Defending Freedom, Washington, DC, for Plaintiffs-Appellants. Angela Ellen Cusimano, Attorney General's Office, Atlanta, GA, for Defendants-Appellees. John C. Bush, Bryan Cave Leighton Paisner, LLP, Atlanta, GA, Samuel S. Woodhouse, III, The Woodhouse Law Firm, LLC, Atlanta, GA, for Amicus Curiae Foundation for Individual Rights in Education. Mary Elizabeth McAlister, Child & Parental Rights Campaign, Inc., Johns Creek, GA, Horatio Gabriel Mihet, Liberty Counsel, Orlando, FL, for Amicus Curiae Child Evangelism Fellowship.
Travis Christopher Barham, David Andrew Cortman, Alliance Defending Freedom, Lawrenceville, GA, Tyson C. Langhofer, Alliance Defending Freedom, Ashburn, VA, Michael Casey Mattox, Kristen K. Waggoner, Alliance Defending Freedom, Washington, DC, for Plaintiffs-Appellants.
Angela Ellen Cusimano, Attorney General's Office, Atlanta, GA, for Defendants-Appellees.
John C. Bush, Bryan Cave Leighton Paisner, LLP, Atlanta, GA, Samuel S. Woodhouse, III, The Woodhouse Law Firm, LLC, Atlanta, GA, for Amicus Curiae Foundation for Individual Rights in Education.
Mary Elizabeth McAlister, Child & Parental Rights Campaign, Inc., Johns Creek, GA, Horatio Gabriel Mihet, Liberty Counsel, Orlando, FL, for Amicus Curiae Child Evangelism Fellowship.
Before BLACK and MARCUS, Circuit Judges, and RESTANI, Judge.
Honorable Jane A. Restani, Judge for the United States Court of International Trade, sitting by designation.
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
PER CURIAM: When this case came to us initially, binding circuit precedent required that we conclude that Appellants’ nominal damages claims alone could not save their otherwise moot constitutional challenges. Uzuegbunam v. Preczewski , 781 F. App'x 824, 830-32 (11th Cir. 2019) (citing Flanigan's Enters., Inc. of Ga. v. City of Sandy Springs , 868 F.3d 1248, 1263-71 (11th Cir. 2017) (en banc)). On March 8, 2021, the United States Supreme Court reversed this panel's opinion, holding that "an award of nominal damages by itself can redress a past injury." Uzuegbunam v. Preczewski , ––– U.S. ––––, 141 S. Ct. 792, 796, ––– L.Ed.2d –––– (2021). For the reasons stated in the Supreme Court's decision, we reverse the district court's dismissal of Appellants’ First Amended Complaint and remand for further proceedings consistent with the Supreme Court's decision.
The parties’ joint motion to extend all deadlines until thirty days after this Court issues its mandate is DENIED AS MOOT.
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