Summary: Federal lawsuit for violating a third-grader’s First and Fourteenth Amendment rights when they prevented her from wearing a hat bearing the text "Come and Take It" as well as an image of an AR-15 rifle to the school’s "hat day."

Plaintiffs: C.S., by her next friend, Adam Stroub

Defendants: Durand Area Schools Superintendent Craig McCrumb, Robert Kerr Elementary School Principal Amy Leffel, and On Track Coach of Robert Kerr Elementary School Michal Papenek

Litigation Counsel: John Monroe

Docket: E.D. MI case no. 2:22-cv-10993, Sixth Circuit case no. 24-1364 | CourtListener Docket

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Key Events & Filings:

Circuit Court

• 2025-5-30: Petition for Rehearing en Banc
• 2025-5-2: Opinion
• 2025-1-30: Oral Arguments
• 2024-11-6: Reply Brief of Appellant
• 2024-10-16: Defendants'-Appellee's Brief on Appeal
• 2024-9-16: Brief of Appellant

District Court

• 2024-4-23: Notice of Appeal
• 2024-3-30: Memorandum Opinion and Order Resolving Cross Motions for Summary Judgment
• 2023-5-26: Defendants' Reply Brief
• 2023-5-19: Plaintiff’s Reply in Support of Her Motion for Summary Judgment
• 2023-5-15: Plaintiff’s Response in Opposition to Defendants’ Motion for Summary Judgment
• 2023-5-12: Defendants' Response to Plaintiff's Motion for Summary Judgment
• 2023-4-24: Defendants' Motion for Summary Judgment
• 2023-4-21: Plaintiffs’ Motion for Summary Judgment
• 2022-6-6: Answer
• 2022-5-9: Complaint

Related News Releases:

• 2025-5-30: Plaintiff in FPC-Backed Lawsuit Asks Full Sixth Circuit to Hear Lawsuit Challenging School’s Ban on Pro-Gun Speech
• 2024-11-7: Appeal Brief Filed in FPC-Backed Lawsuit Challenging School’s Ban on Pro-Gun Speech
• 2024-9-17: Appeal in FPC-Backed Lawsuit Seeks to Defend Gun-Related Protected Speech in Public Schools
• 2022-5-13: Student sues school officials in FPC-backed lawsuit to protect pro-Second Amendment speech