Adkisson, et al. v. Blytheville Sch. Dist. #5, No. 13-2477 (8th Cir. 2014)
Annotate this CasePlaintiffs, parents of minor children who reside in the District, filed suit challenging a resolution to exempt the District from the Public School Choice Act of 2013, Ark. Code Ann. 6-18-1901 et seq. Plaintiffs alleged that the District violated their constitutional rights when it resolved, for the 2013-2014 school year, to opt-out of the Act. The district court denied a preliminary injunction and plaintiffs appealed. The court held that the appeal was moot where the time period in which the requested relief would have been effective has expired and the controversy was not capable of repetition, yet evading review.
Court Description: Civil Case - civil rights. Parents of school children claimed Blytheville School District violated their due process and equal protection rights when it adopted a resolution exempting the district from the Public School Choice Act for the 2013-14 school year on the basis that the district was subject to a desegregation order. The district court denied a preliminary injunction and the parents appeal. The appeal is now moot, as the request for preliminary injunction was limited to the 2013-14 school year. The controversy is not capable of repetition because the injunction pertained only to the single school year. Judge Colloton concurs in the judgment.
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