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Brammer-Hoelter v. Twin Peaks Charter Academy

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Before GORSUCH, McKAY, and HOLMES, Circuit Judges.

Plaintiffs appeal the district court’s grant of summary judgment to Defendants on remand from our decision in Brammer-Hoelter v. Twin Peaks Charter Academy, 492 F.3d 1192 (10th Cir. 2007). In the previous appeal, we affirmed the district court’s entry of judgment for Defendants on most of Plaintiffs’ claims but remanded for further proceedings on their three First Amendment claims-(1) that they were subjected to an illegal prior restraint on speech and association; (2) that they were retaliated against for exercising their freedom of speech rights; and (3) that they were retaliated against for exercising their freedom of association rights. We stated that Defendants were free on remand “to assert those defenses not addressed by the district court in its opinion and order as well as any additional defenses that may exist.” Id. at 1212. On remand, the district court granted summary judgment to Defendants on all claims based on qualified immunity and principles of municipal liability. Plaintiffs appealed.

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