NSBA Legal Clips
Archived entries for mootness

U.S. Supreme Court holds public officials found immune may appeal appellate court’s decision that their conduct was unconstitutional; but issue is moot in this case

In a 7-2 split, the U.S. Supreme Court has ruled that government officials who prevail on grounds of qualified immunity may obtain the Supreme Court’s review of a court of appeals’ decision that their conduct violated the Constitution. However, it did not reach the question of whether U.S. Court of Appeals for the Ninth Circuit (CA, OR, WA, AZ, MT, ID, NV, AK, HI, GU, MP) correctly determined that an interview of a minor at school by a government official without benefit of a warrant breached the Fourth Amendment, finding that in this case the question was moot.

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Federal appellate court denies Louisiana school district’s request to dismiss suit challenging single-sex classes on the grounds of standing or mootness

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has denied a school district’s motion to dismiss a parent’s suit on behalf of her daughter challenging the school’s single-sex classroom program on the basis of Title IX and the Equal Protection Clause on the grounds the parent lacks standing to bring the suit or the claims are moot. The panel remanded the case to the federal district court to determine if the student has a personal stake in resolution of the request for injunctive relief applicable to future class years until the issues on the merits are resolved.

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