Tinker v. Des Moines Independent Community School District, No. 18642.

CourtUnited States Courts of Appeals. United States Court of Appeals (8th Circuit)
Writing for the CourtPER CURIAM
Citation383 F.2d 988
Decision Date03 November 1967
Docket NumberNo. 18642.
PartiesJohn F. TINKER and Mary Beth Tinker, Minors, by Their Father and Next Friend, Leonard Tinker, and Christopher Eckhardt, Minor, by His Father and Next Friend, William Eckhardt, Appellants, v. The DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT et al., Appellees.

383 F.2d 988 (1967)

John F. TINKER and Mary Beth Tinker, Minors, by Their Father and Next Friend, Leonard Tinker, and Christopher Eckhardt, Minor, by His Father and Next Friend, William Eckhardt, Appellants,
v.
The DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT et al., Appellees.

No. 18642.

United States Court of Appeals Eighth Circuit.

November 3, 1967.


Dan L. Johnston, Jesse, LeTourneau & Johnston, Des Moines, Iowa, for appellants.

Allan A. Herrick and Philip C. Lovrien, of Herrick, Langdon, Sandblom & Belin, Des Moines, Iowa, for appellee; Herschel G. Langdon and Richard G. Langdon, Des Moines, Iowa, on the brief.

Before VOGEL, Chief Judge, and VAN OOSTERHOUT, MATTHES, BLACKMUN, MEHAFFY, GIBSON, LAY and HEANEY, Circuit Judges, sitting en banc.

PER CURIAM.

This is an appeal from a judgment entered September 1, 1966, by the United States District Court for the Southern District of Iowa, Central Division, dismissing plaintiffs' complaint, based upon 42 U.S.C.A. § 1983, seeking an injunction and nominal damages against defendants, the Des Moines Independent Community School District, the individual members of its Board of Directors, its superintendent and various principals and teachers thereof, for suspending plaintiffs from school for wearing arm bands protesting the Viet Nam war, in violation of a school regulation promulgated by administrative officials of the School District proscribing the wearing of such arm bands. 258 F.Supp. 971. Following argument before a regular panel of this court, the case was reargued and...

To continue reading

Request your trial
9 practice notes
  • Harkless v. Sweeny Independent Sch. Dist. of Sweeny, Tex., Civ. A. No. 66-G-34.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • June 6, 1969
    ...See Tinker v. Des Moines Indep. Community School Dist., 258 F.Supp. 971-972 (S.D.Iowa 1966), aff'd per curiam by an equally divided court, 383 F.2d 988 (8th Cir. 1967) (en banc), rev'd, 393 U.S. 503, 89 S.Ct. 733, 21 L.Ed.2d 731 29 Monroe v. Pape, 365 U.S. 167, 191 n. 50, 81 S.Ct. 473, 486,......
  • Tinker v. Des Moines Independent Community School District, No. 21
    • United States
    • United States Supreme Court
    • February 24, 1969
    ...considered the case en banc. The court was equally divided, and the District Court's decision was accordingly affirmed, without opinion, 383 F.2d 988 (1967). We granted certiorari. 390 U.S. 942, 88 S.Ct. 1050, 19 L.Ed.2d 1130 (1968). I. The District Court recognized that the wearing of an a......
  • Zanders v. Louisiana State Board of Education, Civ. A. No. 13427.
    • United States
    • U.S. District Court — Western District of Louisiana
    • March 8, 1968
    ...adequate hearing was afforded; Tinker v. Des Moines Independent Comm. School District, 258 F.Supp. 971 (S.D.Iowa 1966), aff'd en banc, 383 F.2d 988 (8th Cir. 1967), certiorari granted by Supreme Court, 390 U.S. 942, 88 S.Ct. 1050, 19 L.Ed. 1130, 36 Law Week 3323, where expulsion was upheld ......
  • Laird v. Tatum, No. 71-288
    • United States
    • United States Supreme Court
    • October 10, 1972
    ...for our jurisdiction. See, e.g., Tinker v. Des Moines etc. School District, D.C., 258 F.Supp. 1971, affirmed by an equally divided court, 383 F.2d 988 (CA8 1967), certiorari granted and judgment reversed, 393 U.S. 503, 89 S.Ct. 733, 21 L.Ed.2d 731 (1969). While it can seldom be predicted wi......
  • Request a trial to view additional results
9 cases
  • Harkless v. Sweeny Independent Sch. Dist. of Sweeny, Tex., Civ. A. No. 66-G-34.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • June 6, 1969
    ...See Tinker v. Des Moines Indep. Community School Dist., 258 F.Supp. 971-972 (S.D.Iowa 1966), aff'd per curiam by an equally divided court, 383 F.2d 988 (8th Cir. 1967) (en banc), rev'd, 393 U.S. 503, 89 S.Ct. 733, 21 L.Ed.2d 731 29 Monroe v. Pape, 365 U.S. 167, 191 n. 50, 81 S.Ct. 473, 486,......
  • Tinker v. Des Moines Independent Community School District, No. 21
    • United States
    • United States Supreme Court
    • February 24, 1969
    ...considered the case en banc. The court was equally divided, and the District Court's decision was accordingly affirmed, without opinion, 383 F.2d 988 (1967). We granted certiorari. 390 U.S. 942, 88 S.Ct. 1050, 19 L.Ed.2d 1130 (1968). I. The District Court recognized that the wearing of an a......
  • Zanders v. Louisiana State Board of Education, Civ. A. No. 13427.
    • United States
    • U.S. District Court — Western District of Louisiana
    • March 8, 1968
    ...adequate hearing was afforded; Tinker v. Des Moines Independent Comm. School District, 258 F.Supp. 971 (S.D.Iowa 1966), aff'd en banc, 383 F.2d 988 (8th Cir. 1967), certiorari granted by Supreme Court, 390 U.S. 942, 88 S.Ct. 1050, 19 L.Ed. 1130, 36 Law Week 3323, where expulsion was upheld ......
  • Laird v. Tatum, No. 71-288
    • United States
    • United States Supreme Court
    • October 10, 1972
    ...for our jurisdiction. See, e.g., Tinker v. Des Moines etc. School District, D.C., 258 F.Supp. 1971, affirmed by an equally divided court, 383 F.2d 988 (CA8 1967), certiorari granted and judgment reversed, 393 U.S. 503, 89 S.Ct. 733, 21 L.Ed.2d 731 (1969). While it can seldom be predicted wi......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT