Chike Uzuegbunam v. Stanley C. Preczewski
Chike Uzuegbunam v. Stanley C. Preczewski
Opinion
USCA11 Case: 18-12676 Date Filed: 04/16/2021 Page: 1 of 3
[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT ________________________
No. 18-12676 ________________________
D.C. Docket No. 1:16-cv-04658-ELR
CHIKE UZUEGBUNAM, JOSEPH BRADFORD,
Plaintiffs - Appellants,
versus
STANLEY C. PRECZEWSKI, President of Georgia Gwinnett College, in his official and individual capacities, LOIS C. RICHARDSON, Acting Senior Vice President of Academic and Student Affairs and Provost at Georgia Gwinnett College, in her official and individual capacities, JIM B. FATZINGER, Senior Associate Provost for Student Affairs for Georgia Gwinnett College, in his official and individual capacities, TOMAS JIMINEZ, Dean of Students at Georgia Gwinnett College, in his official and individual capacities, AILEEN C. DOWELL, Director of the Office of Student Integrity at Georgia Gwinnett College, in her official and individual capacities, GENE RUFFIN, Dean of Library Services at Georgia Gwinnett College, USCA11 Case: 18-12676 Date Filed: 04/16/2021 Page: 2 of 3
in his official and individual capacities, CATHERINE JANNICK DOWNEY, Head of Access Services and Information Commons, in her official and individual capacities, TERRANCE SCHNEIDER, Associate Vice President of Public Safety and Emergency Preparedness/Chief of Police at Georgia Gwinnett College, in his official and individual capacities, COREY HUGHES, Campus Police Lieutenant at Georgia Gwinnett College, in his official and individual capacities, REBECCA A. LAWLER, Community Outreach and Crime Prevention Sergeant at Georgia Gwinnett College, in her official and individual capacities, SHENNA PERRY, Campus Safety/Security Officer at Georgia Gwinnett College, in her official and individual capacities,
Defendants - Appellees.
________________________
Appeal from the United States District Court for the Northern District of Georgia ________________________
(April 16, 2021)
Before BLACK and MARCUS, Circuit Judges, and RESTANI, * Judge.
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
PER CURIAM:
* Honorable Jane A. Restani, Judge for the United States Court of International Trade, sitting by designation. 2 USCA11 Case: 18-12676 Date Filed: 04/16/2021 Page: 3 of 3
When this case came to us initially, binding circuit precedent required that
we conclude that Appellants’ nominal damages claims alone could not save their
otherwise moot constitutional challenges. Uzuegbunam v. Preczewski, 781 F. App’x 824
of Sandy Springs, 868 F.3d 1248, 1263-71 (11th Cir. 2017) (en banc)). On March
8, 2021, the United States Supreme Court reversed this panel’s opinion, holding
that “an award of nominal damages by itself can redress a past injury.”
Uzuegbunam v. Preczewski, 141 S. Ct. 792, 796 (2021). For the reasons stated in
the Supreme Court’s decision, we reverse the district court’s dismissal of
Appellants’ First Amended Complaint and remand for further proceedings
consistent with the Supreme Court’s decision. 1
REVERSED AND REMANDED.
1 The parties’ joint motion to extend all deadlines until thirty days after this Court issues its mandate is DENIED AS MOOT. 3
Reference
- Status
- Published