Barrett v. Walker County School District

Plaintiff filed suit challenging the school board's policy governing public comment at its meetings. The Eleventh Circuit affirmed in part the district court's grant of a permanent injunction based on plaintiff's facial claims and enjoined the school board's public comment policy. The court held that it had appellate jurisdiction under 28 U.S.C. 1292(a)(1); plaintiff had standing to pursue his facial unbridled-discretion claim; the court vacated the district court's entry of summary judgment in favor of plaintiff on all claims other than the facial unbridled-discretion claim; the court held that the lack of a time limit for scheduling an initial meeting effectively granted the Superintendent unbridled discretion in contravention of the First Amendment; and the district court did not abuse its discretion in granting a permanent injunction. Because the court affirmed the district court's entry of summary judgment with respect to only the facial unbridled-discretion claim, the district court must alter the scope of the injunction on remand so that the injunction remedies only the harm created by the unconstitutional grant of unbridled discretion. The court affirmed the district court's denial of defendants' motion for extension of time and remanded. View "Barrett v. Walker County School District" on Justia Law