Hoernschemeyer and Boggiano Successfully Defend Lawsuit: No Constitutional Right to Play Sports

Natalie Hoernschemeyer and Wendy Boggiano successfully represented a Missouri school district against a lawsuit requesting a temporary restraining order and preliminary and permanent injunctive relief preventing the school district from declaring two students to be ineligible to participate in sports for 365 days.  Prior to an evidentiary hearing on the temporary restraining order, the Mickes Goldman O’Toole attorneys sought dismissal of the suit, arguing that it failed to state a claim because Missouri school students do not have a constitutionally protected property interest in participating in extracurricular sports.  After oral argument, on April 26, 2012, the trial court agreed with the District and dismissed all of the claims against the District with prejudice.