J.S. et al v. Blue Mountain School District et al

Filing 34

MOTION for Summary Judgment by All Plaintiffs by J.S.. (Attachments: # 1 Proposed Order)(Roper, Mary)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA J.S., a minor, by and through her parents, ) TERRY SNYDER and STEVEN SNYDER, ) Individually and on behalf of their daughter, ) ) Plaintiffs, ) ) v. ) BLUE MOUNTAIN SCHOOL DISTRICT; ) DR. JOYCE E. ROMBERGER, ) Superintendent Blue Mountain School ) District; and JAMES S. MCGONIGLE, ) Principal Blue Mountain School, both ) in their official and individual capacities, ) ) Defendants. ) ____________________________________) ORDER AND NOW, this ___ day of _______________ 200__, upon consideration of Plaintiffs' Motion for Summary Judgment and any response thereto, it is hereby ORDERED that Plaintiffs' motion is GRANTED and it is hereby FURTHER ORDERED AND DECLARED that: 1. Defendants' disciplinary action against J.S. for posting on the Internet the parody profile of Defendant McGonigle violated her rights under the First and Fourteenth Amendments to the Constitution.

NO: 3:07-cv-585

2. Defendants' disciplinary action against J.S. for posting on the Internet a parody profile of Defendant McGonigle, which was activity performed within the Snyder home, violates the Snyders' parental rights under the Fourteenth Amendment to the United States Constitution; 3. Blue Mountain School District's policies that have been and may be used to punish speech which takes place at a student's home and off of school grounds and outside of school-sponsored events are excessively vague and overbroad, and thereby violate the First and Fourteenth Amendments to the Constitution of the United States and violate the Snyders' rights under the Fourteenth Amendment to the Constitution of the United States; 4. Defendants' disciplinary action against J.S. for conduct that occurred off of school grounds exceeds the disciplinary authority granted the School District by Pennsylvania law and is therefore ultra vires and void; 5. The Blue Mountain School District's policies that have been and may be used to punish speech which takes place at a student's home and off of school grounds and outside of school-sponsored events

-2-

exceed the disciplinary authority granted the School District by Pennsylvania law and are therefore ultra vires and void; 6. Defendants shall expunge from J.S.'s school records all references to the posting of the profile and the resulting suspension; and 7. Defendants shall not enforce the school disciplinary code against students for expression that takes place outside of the school or school-sponsored activities; IT IS FURTHER ORDERED THAT a hearing on the issue of damages will take place on ___ day of _____ 200_ at the Scranton, Pennsylvania Courthouse for the United States District Court for the Middle District of Pennsylvania before the undersigned.

BY THE COURT: ____________________________ James M. Munley, U.S.D.J.

-3-