Legal Opinion · Concurring in the judgment

Heath Adkisson v. Blytheville School District 5

Court of Appeals for the Eighth Circuit

Decided August 8, 2014No. 13-2477Published

1Concurring in the judgmentColloton, Circuit Judge

Although the question is close, I concur in the judgment on the ground that while this controversy is “capable of repetition” in relation to the 2014-15 school year, the controversy need not “evade review” if the plaintiffs seek prompt rulings in the district court and expedited appellate review on claims for preliminary injunctive or permanent injunctive and declaratory relief. See Iowa Prot. and Advocacy Servs. v. Tanager, Inc., 427 F.3d 541, 544 (8th Cir.2005); Minn. Humane Soc’y v. Clark, 184 F.3d 795, 797 (8th Cir.1999).

2Cases cited1 opinion

  1. Iowa Protection And Advocacy Services v. Tanager, Inc.Court of Appeals for the Eighth Circuit · 2005