Court Opinion: 10th Circuit Rules Student Does Have Standing to Sue School COVID-19 Mask Mandate Punishments

The 10th Circuit Court of Appeals building in Denver, also known as the Byron White building.

Editor’s Note: Law Week Colorado edits court opinion summaries for style and, when necessary, length.

Smith v. Albany County School District No. 1 Board of Trustees et al. 


After the Albany County School District No. 1 Board of Trustees imposed a COVID-19 indoor mask mandate at Laramie High School, Grace Smith, a high school junior, was repeatedly suspended from school for refusing to comply with the mandate. Smith was also arrested for trespassing on school grounds. 

Her parents, individually and as parents of a minor, filed suit for damages in the U. S. District Court for the District of Wyoming against the members of the board, the superintendent of schools and the Laramie High School principal. 

The suit alleged violations of Smith’s rights under the U.S. Constitution and violations of the rights of Smith and her parents under Wyoming law. 

The district court dismissed the federal law claims for lack of jurisdiction, ruling that Smith didn’t suffer an injury in fact necessary for standing. It then declined to exercise supplemental jurisdiction over the state law claims. 

The 10th Circuit Court of Appeals found that, based on previous U.S. Supreme Court precedents granting standing to students challenging school policies, Smith met the requirements for standing. The 10th Circuit also concluded that her allegations—three suspensions from school and an arrest—constituted an injury in fact. 

The 10th Circuit reversed the district court’s order granting the defendants’ motion to dismiss and remanded the case for further proceedings. 

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