Filed: Nov. 23, 2015
Latest Update: Nov. 23, 2015
Summary: MEMORANDUM AND ORDER LAURIE SMITH CAMP , Chief District Judge . This matter is before the Court on the Defendant's Motion to Dismiss (Filing No. 8). Plaintiffs have submitted no brief in opposition to the Motion. On September 17, 2015, the Plaintiffs filed a Verified Petition for Temporary Restraining Order (Filing No. 1), asking this Court to enjoin the Defendant from preventing Brandon Wagner ("Brandon") from playing in the Omaha Central High School Homecoming football game on September
Summary: MEMORANDUM AND ORDER LAURIE SMITH CAMP , Chief District Judge . This matter is before the Court on the Defendant's Motion to Dismiss (Filing No. 8). Plaintiffs have submitted no brief in opposition to the Motion. On September 17, 2015, the Plaintiffs filed a Verified Petition for Temporary Restraining Order (Filing No. 1), asking this Court to enjoin the Defendant from preventing Brandon Wagner ("Brandon") from playing in the Omaha Central High School Homecoming football game on September 1..
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MEMORANDUM AND ORDER
LAURIE SMITH CAMP, Chief District Judge.
This matter is before the Court on the Defendant's Motion to Dismiss (Filing No. 8). Plaintiffs have submitted no brief in opposition to the Motion.
On September 17, 2015, the Plaintiffs filed a Verified Petition for Temporary Restraining Order (Filing No. 1), asking this Court to enjoin the Defendant from preventing Brandon Wagner ("Brandon") from playing in the Omaha Central High School Homecoming football game on September 17, 2015. In the Petition, the Plaintiffs noted that Brandon was ejected from an Omaha Central High School football game on September 11, 2015, and was suspended from the following game, due to a block he executed on an opposing player during an interception play. (Id. at 4.) The Plaintiffs' Petition also asked the Court to declare the Defendant's rules, regulations, and bylaws unconstitutional under the Due Process Clause and Equal Protection Clause of the Fourteenth Amendment of the United States Constitution, and permanently enjoin the Defendant from enforcing its rules.
This Court conducted an evidentiary hearing on September 17, 2015, applying the standards prescribed in Dataphase Sys., Inc. v. C. L. Sys., Inc., 640 F.2d 109, 114 (8th Cir. 1981)(en banc), and denied the Plaintiffs' request for preliminary injunctive relief.1 In the pending Motion to Dismiss, the Defendant argues that the Plaintiffs' claims regarding the September 17, 2015, game are moot and fail to state a claim on which relief can be granted; the Plaintiffs lack standing to pursue their other claims, which are also claims on which no relief can be granted; and Plaintiffs have failed to join an indispensable party, i.e., Omaha Public Schools.
The Court has reviewed the content of the Plaintiffs' Petition, applying the principles prescribed by the United States Supreme Court in Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007), and Ashcroft v. Iqbal, 556 U.S. 662, 677 (2009).2 To the extent the Plaintiffs' claims are not moot, the Court concludes that the Plaintiffs have failed to state claims on which relief may be granted.3 The Petition will be dismissed, with prejudice, pursuant to Fed. R. Civ. P. 12(b)(6).
Accordingly,
IT IS ORDERED:
1. Defendant's Motion to Dismiss (Filing No. 8) is granted;
2. The Plaintiffs' Verified Petition for Temporary Restraining Order and the claims presented therein are dismissed, with prejudice; and
3. A separate Judgment will be entered.
