Fellers, et al v. Kelley, et al
| KYLE FELLERS, ANTHONY FOOTE, NICOLE FOOTE and ELDON RASH |
| BOW SCHOOL DISTRICT, MARCY KELLEY, Superintendent of Schools, State Administrative Unit 67, in the official and individual capacities, MICHAEL DESILETS, Athletic Director, Bow High School, in the official and individual capacities, MATT FISK, Principal, Bow High School, in the official and individual capacities, PHILIP LAMY, Lieutenant, Bow Police Department, in the individual capacity and STEVE ROSSETTI, Soccer Referee, New Hampshire Interscholastic Athletic Association, in the individual capacity |
| ROBERT CHARLES, WILLIAM P. HAMLEN and FOUNDATION FOR INDIVIDUAL RIGHTS AND EXPRESSION |
| 25-1442 |
| May 6, 2025 |
| U.S. Court of Appeals, First Circuit |
| Other Civil Rights |
Opinions
We have the following opinions for this case:
| Description |
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 Fellers v. Kelley
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Fellers v. Kelley
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Fellers v. Kelley
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Docket Report
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This docket was last retrieved on September 30, 2025. A more recent docket listing may be available from PACER.
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| DESIGNATION of attorney presenting oral argument filed by Attorney Jonathan Michael Shirley for Appellees Bow School District, Michael Desilets, Matt Fisk and Marcy Kelley. Served on 09/30/2025. [25-1442] (JMS) [Entered: 09/30/2025 04:30 PM] |
| DESIGNATION of attorney presenting oral argument filed by Attorney Endel Kolde for Appellants Kyle Fellers, Anthony Foote, Nicole Foote and Eldon Rash. Served on 09/25/2025. [25-1442] (EK) [Entered: 09/25/2025 12:54 PM] |
| CASE calendared: This case is presently scheduled to be called for oral argument on Wednesday, November 5, 2025, at 9:30 a.m. in Boston, MA in the Panel Courtroom at the Moakley Courthouse, 7th Floor. There will be no continuance except for grave cause. Designation form due 10/07/2025. [25-1442] (DJT) [Entered: 09/23/2025 03:00 PM] |
| NINE (9) paper copies of reply brief [ # 6743303-2 ] submitted by Appellants Kyle Fellers, Anthony Foote, Nicole Foote and Eldon Rash. [25-1442] (SRS) [Entered: 08/18/2025 03:36 PM] |
| REPLY BRIEF filed by Appellants Kyle Fellers, Anthony Foote, Nicole Foote and Eldon Rash. Served on 08/13/2025. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 08/20/2025 . [25-1442] (NP) [Entered: 08/13/2025 04:54 PM] |
| BRIEF tendered by Appellants Kyle Fellers, Nicole Foote, Anthony Foote and Eldon Rash. [25-1442] (EK) [Entered: 08/13/2025 12:35 AM] |
| NINE (9) paper copies of appellees' brief [ # 6739423-2 ] submitted by Appellees Bow School District, Michael Desilets, Matt Fisk and Marcy Kelley. [25-1442] (SRS) [Entered: 08/04/2025 02:30 PM] |
| DISCLOSURE statement filed by Appellees Bow School District, Michael Desilets, Matt Fisk and Marcy Kelley. Served on 07/25/2025. [25-1442] (NP) [Entered: 07/29/2025 03:37 PM] |
| APPELLEES' BRIEF filed by Appellees Bow School District, Michael Desilets, Matt Fisk and Marcy Kelley. Served on 07/25/2025. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 08/05/2025 . Reply brief due 08/15/2025 for APPELLANTS Kyle Fellers, Anthony Foote, Nicole Foote and Eldon Rash. [25-1442] (NP) [Entered: 07/29/2025 03:36 PM] |
| NOTICE of appearance on behalf of Appellees Bow School District, Michael Desilets, Matt Fisk and Marcy Kelley filed by Attorney Jonathan M. Shirley. Served on 07/25/2025. [25-1442] (JMS) [Entered: 07/25/2025 01:52 PM] |
| NOTICE of appearance on behalf of Appellees Michael Desilets, Matt Fisk, Bow School District and Marcy Kelley filed by Attorney Brian J.S. Cullen. Served on 07/25/2025. [25-1442] (BJC) [Entered: 07/25/2025 01:50 PM] |
| NINE (9) paper copies of amicus curiae brief [ # 6737930-2 ] submitted by Amicus Curiae Foundation for Individual Rights and Expression. [25-1442] (SRS) [Entered: 07/29/2025 09:42 AM] |
| BRIEF tendered by Appellees Bow School District, Marcy Kelley, Matt Fisk and Michael Desilets. [25-1442] (JMS) [Entered: 07/25/2025 08:05 PM] |
| AMICUS CURIAE BRIEF filed by Amicus Curiae Foundation for Individual Rights and Expression in support of Appellants. Served on 07/08/2025. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 07/30/2025 . [25-1442] (AVN) [Entered: 07/23/2025 11:19 AM] |
ORDER entered: No objections having been filed, Foundation for Individual Rights and Expression's motion for leave to file an amicus curiae brief in support of the plaintiffs-appellants is granted, and the brief is accepted this day for filing. [25-1442] (AVN) [Entered: 07/23/2025 11:17 AM]
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| NINE (9) paper copies of amici curiae brief [ # 6734561-2 ] submitted by Amici Curiae Robert Charles and William P. Hamlen. [25-1442] (SRS) [Entered: 07/21/2025 11:56 AM] |
| AMICUS CURIAE BRIEF filed by Amici Curiae Robert Charles and William P. Hamlen in support of Appellants. Served on 06/26/2025. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 07/16/2025 . [25-1442] (AVN) [Entered: 07/09/2025 01:17 PM] |
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ORDER entered: No objections having been filed, William P. Hamlen and Robert "Bobby" Charles' motion for leave to file an amicus curiae brief in support of the appellants is granted, and the brief is accepted for filing this day. [25-1442] (AVN) [Entered: 07/09/2025 01:15 PM]
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| NOTICE of appearance on behalf of Movant(s) Foundation for Individual Rights and Expression filed by Attorney Ronald G. London. Served on 07/08/2025. [25-1442] (RGL) [Entered: 07/08/2025 12:29 PM] |
| MOTION for leave to file amicus curiae brief in support of Appellant filed by Movant(s) Foundation for Individual Rights and Expression. Served on 07/08/2025. [25-1442] (RGL) [Entered: 07/08/2025 12:20 PM] |
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ORDER entered: On July 1, 2025, the Foundation for Individual Rights and Expression tendered a brief as amicus curiae with its motion for leave to file amicus curiae brief. The brief is non-compliant because the caption on the front cover of the brief does not match the caption used by the court. See Fed. R. App. P. 29(a)(4) and 32(a)(2)(C). Furthermore, Attorney Ronald G. London must file an appearance form required by 1st Cir. R. 12.0(a) and 46.0(a)(2). A corrected amicus brief and appearance form must be filed no later than July 14, 2025 . [25-1442] (AVN) [Entered: 07/07/2025 02:49 PM]
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| DISCLOSURE statement filed by Movant Foundation for Individual Rights and Expression. [25-1442] (AVN) [Entered: 07/07/2025 02:46 PM] |
| MOTION for leave to file amicus curiae brief in support of Appellant filed by Movant(s) The Foundation for Individual Rights and Expression. Served on 07/01/2025. [25-1442] (RGL) [Entered: 07/01/2025 02:58 PM] |
| FIVE (5) paper copies of appendix [ # 6731402-2 ] submitted by Appellants Kyle Fellers, Anthony Foote, Nicole Foote and Eldon Rash. [25-1442] (SRS) [Entered: 07/02/2025 11:03 AM] |
| NINE (9) paper copies of appellants' brief [ # 6731397-2 ] submitted by Appellants Kyle Fellers, Anthony Foote, Nicole Foote and Eldon Rash. [25-1442] (SRS) [Entered: 07/02/2025 10:56 AM] |
| AMICUS CURIAE BRIEF tendered by William P. Hamlen and Robert "Bobby" Charles. [25-1442] (TC) [Entered: 06/26/2025 11:40 AM] |
| DISCLOSURE statement filed by Movants Robert Charles and William P. Hamlen. [25-1442]. CLERK'S NOTE: Docket entry was edited to replace an attachment. (AVN) [Entered: 06/25/2025 02:51 PM] |
| DISCLOSURE statement filed by Appellants Kyle Fellers, Anthony Foote, Nicole Foote and Eldon Rash. Served on 06/18/2025. [25-1442] (NP) [Entered: 06/25/2025 11:33 AM] |
| APPENDIX filed by Appellants Kyle Fellers, Anthony Foote, Nicole Foote and Eldon Rash. Served on 06/18/2025. Five paper copies of the electronically filed appendix must be submitted so that they are received by the court on or before 07/02/2025 [25-1442] (NP) [Entered: 06/25/2025 11:32 AM] |
| APPELLANTS' BRIEF filed by Appellants Kyle Fellers, Anthony Foote, Nicole Foote and Eldon Rash. Served on 06/18/2025. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 07/02/2025 . Brief due 07/25/2025 for APPELLEES Bow School District, Michael Desilets, Matt Fisk and Marcy Kelley. [25-1442] (NP) [Entered: 06/25/2025 11:27 AM] |
| MOTION for leave to file amicus curiae brief in support of Appellant filed by Movant(s) William P. Hamlen and Robert "Bobby" Charles. Served on 06/24/2025. [25-1442] (TC) [Entered: 06/24/2025 09:52 PM] |
| NOTICE of appearance on behalf of Movant(s) William P. Hamlen and Robert "Bobby" Charles filed by Attorney Theodore M. Cooperstein. Served on 06/24/2025. [25-1442] (TC) [Entered: 06/24/2025 05:00 PM] |
| BRIEF tendered by Appellants Kyle Fellers, Anthony Foote, Nicole Foote and Eldon Rash. [25-1442] (EK) [Entered: 06/18/2025 09:58 PM] |
| APPENDIX tendered by Appellants Kyle Fellers, Anthony Foote, Nicole Foote and Eldon Rash. Served on 06/18/2025. [25-1442] (EK) [Entered: 06/18/2025 10:00 PM] |
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ORDER entered: Upon consideration of the motion to amend the case caption filed by Appellants Kyle Fellers, Anthony Foote, Nicole Foote, and Eldon Rash, the motion is denied. See Fed. R. App. P. 12(a) (stating that "the circuit clerk must docket the appeal under the title of the district court action"). Parties named as defendants in the district court, therefore remain defendants, although not defendants-appellees, in this appeal. [25-1442] (AVN) [Entered: 05/14/2025 04:36 PM]
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| BRIEFING schedule set. Brief and Appendix due 06/23/2025 for appellants Kyle Fellers, Anthony Foote, Nicole Foote and Eldon Rash. Pursuant to F.R.A.P. 31(a), appellees' brief will be due 30 days following service of appellants' brief and appellants' reply brief will be due 21 days following service of appellees' brief. [25-1442] (AVN) [Entered: 05/12/2025 12:32 PM] |
| NOTICE of appearance on behalf of Appellants Kyle Fellers, Anthony Foote, Nicole Foote and Eldon Rash filed by Attorney Richard J. Lehmann. Served on 05/08/2025. [25-1442] (RJL) [Entered: 05/08/2025 03:30 PM] |
| MOTION to amend caption filed by Appellants Kyle Fellers, Anthony Foote, Nicole Foote and Eldon Rash. Served on 05/08/2025. [25-1442] (EK) [Entered: 05/08/2025 11:54 AM] |
| TRANSCRIPT report/order form filed by Appellants Kyle Fellers, Nicole Foote, Eldon Rash and Anthony Foote indicating all necessary transcripts have already been filed in district court. Served on 05/06/2025. [25-1442] (EK) [Entered: 05/06/2025 02:25 PM] |
| DOCKETING statement filed by Appellants Kyle Fellers, Anthony Foote, Nicole Foote and Eldon Rash. Served on 05/06/2025. [25-1442] (EK) [Entered: 05/06/2025 02:24 PM] |
| NOTICE of appearance on behalf of Appellants Anthony Foote, Nicole Foote, Eldon Rash and Kyle Fellers filed by Attorney Endel Kolde. Served on 05/06/2025. [25-1442] (EK) [Entered: 05/06/2025 02:19 PM] |
| NOTICE of appearance on behalf of Appellants Kyle Fellers, Anthony Foote, Nicole Foote and Eldon Rash filed by Attorney Nathan John Ristuccia. Served on 05/06/2025. [25-1442] (NJR) [Entered: 05/06/2025 02:52 PM] |
| NOTICE of appearance on behalf of Appellants Kyle Fellers, Anthony Foote, Eldon Rash and Nicole Foote filed by Attorney Brett R. Nolan. Served on 05/06/2025. [25-1442] (BRN) [Entered: 05/06/2025 03:50 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #82) filed by Appellants Kyle Fellers, Anthony Foote, Nicole Foote and Eldon Rash. Appearance form, Docketing Statement, and Transcript Report/Order form due 05/20/2025 . [25-1442] (AVN) [Entered: 05/06/2025 09:48 AM] |
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