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Victory Through Jesus Sports Ministry Foundation v. Lee's Summit R-7 School District, et al

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Submitted: January 11, 2011

Before WOLLMAN, LOKEN, and SMITH, Circuit Judges.

Victory Through Jesus Sports Ministry Foundation (“Victory”) commenced this § 1983 action seeking injunctive and declaratory relief and damages against Lee’s Summit R-7 School District (“the District”) and its Superintendent. The complaint alleged that defendants violated Victory’s rights under the First Amendment and the Equal Protection Clause of the Fourteenth Amendment by refusing Victory equal access to the District’s “Backpack Flyers for Students” program. Victory filed a motion for preliminary injunction, and the parties consolidated the evidentiary hearing on that motion with trial on the merits. See Fed. R. Civ. P. 65(a)(2). Following the hearing, the district court*fn1 entered an Order and Opinion denying Victory’s claims for injunctive relief and damages on the merits. Victory appeals the denial of First Amendment relief. Reviewing the Order under the standards that apply after a bench trial, we affirm.

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