Legal Opinion
Bear v. Fleming
District Court, D. South Dakota
Decided May 18, 2010No. Civ. 10-5030-JLVPublishedCited by 3 opinions
1Opinion of the Court
ORDER DISMISSING COMPLAINT AND DENYING PLAINTIFF’S MOTION FOR PRELIMINARY AND PERMANENT INJUNCTION
JEFFREY L. VIKEN, District Judge.
INTRODUCTION
On May 3, 2010, plaintiff Aloysius Dreaming Bear, a Lakota student and graduating senior at Oelrichs High School, brought suit against the members of the school board and the superintendent of the school district. (Docket 1). Mr. Dreaming Bear alleges defendants violated his right to free speech under the First Amendment by requiring him to wear a cap and gown over his traditional Lakota clothing at the 2010 graduation proceedings. Id. at ¶ 9. Mr.…
2Cases cited28 opinions
- United States v. O'BrienSupreme Court of the United States · 1968
- Tinker v. Des Moines Independent Community School DistrictSupreme Court of the United States · 1969
- Dataphase Systems, Inc. v. C L Systems, Inc.Court of Appeals for the Eighth Circuit · 1981
- Clark v. Community for Creative Non-ViolenceSupreme Court of the United States · 1984
- Shelton v. TuckerSupreme Court of the United States · 1960
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3Cited by3 opinions
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