Fellowship of Christian Athletes v. San Jose Unified Sch. Dist. Bd. of Educ.

Citation Codes

Equivalent Citations

citation codes

Docket Number

No. 22-15827

Judges

Dissent by Chief Judge Murguia

Acts

—Title 28 APPENDIXFEDERAL RULES OF APPELLATE PROCEDURE — Stay or Injunction Pending Appeal
Title 28 APPENDIX —FEDERAL RULES OF CIVIL PROCEDURE —RULES OF CIVIL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS 1 — Stay of Proceedings to Enforce a Judgment

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FELLOWSHIP OF CHRISTIAN ATHLETES, an Oklahoma corporation; Fellowship of Christian Athletes of Pioneer High School, an unincorporated association; Charlotte Klarke; Elizabeth Sinclair, Plaintiffs-Appellants, v. SAN JOSE UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION; Nancy Albarran, in her official and personal capacity; Herb Espiritu, in his official and personal capacity; Peter Glasser, in his official and personal capacity; Stephen McMahon, in his official and personal capacity, Defendants-Appellees.

Dissent by Chief Judge Murguia

D.C. No. 4:20-cv-02798-HSG, Northern District of California, Oakland Before: MURGUIA, Chief Judge, and CALLAHAN, M. SMITH, IKUTA, BENNETT, MILLER, BADE, BRESS, FORREST, BUMATAY and SUNG, Circuit Judges. Order; Dissent by Chief Judge Murguia

ORDER

A majority of judges have voted to issue an injunction pending resolution of this appeal. Defendants-Appellees San Jose Unified School District Board of Education, Nancy Albarran, Herb Espiritu, Peter Glasser, and Stephen McMahon are hereby ordered forthwith to recognize student chapters affiliated with the Fellowship of Christian Athletes, including the Pioneer High School student chapter, as official "Associated Student Body" approved clubs.

This injunction pending appeal is issued pursuant to Fed. R. App. P. 8 and Fed. R. Civ. P. 62(g) and shall remain in place until we issue an opinion on the merits of this appeal.

MURGUIA, Chief Judge, dissenting:

I respectfully dissent from the grant of injunctive relief pending resolution of this appeal.

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