626 F. App'x 80
5th Cir.2015Background
- M.J., a Pearl High School freshman, was accused by cheer sponsor Hill of threatening and cursing K.E. via Facebook after a cheer event; Hill obtained M.J.'s login and reviewed messages.
- Hill suspended M.J. from the cheer squad for two weeks based on Facebook messages connected to cheer activities.
- K.E. reported ongoing threatening messages to Hill, prompting the Facebook access and disciplinary action.
- M.J.’s parents asked Principal Morgigno and Superintendent Ladner to reverse the discipline; they refused.
- M.J. later did not make the next year’s tryouts; the family alleged ongoing bullying and emotional distress.
- Plaintiffs sued Hill, Morgigno, Ladner, and Durr under 42 U.S.C. § 1983 for privacy and free-speech violations, with the district court denying qualified immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Fourth Amendment rights were clearly established | M.J. had privacy expectations in private messages | No clearly established Fourth Amendment rule barred such school-access searches | Not clearly established; immunity granted on Fourth Amendment claim |
| Whether First Amendment rights were clearly established | Punishment for online speech related to school activities violated speech rights | No clearly established rule prohibited such sanction in 2007 | Not clearly established; immunity granted on First Amendment claim |
Key Cases Cited
- New Jersey v. T.L.O., 469 U.S. 325 (U.S. 1985) (school search allowed with reasonable suspicion and limited scope)
- Redding v. Williams, 557 U.S. 364 (U.S. 2009) (strip search exception clarified; qualified immunity considerations explained)
- Porter v. Ascension Parish Sch. Bd., 393 F.3d 608 (5th Cir. 2004) (qualified immunity depends on fair warning; off-campus vs on-campus speech context)
- Al-Kidd v. Ashcroft, 131 S. Ct. 2074 (U.S. 2011) (clearly established standard; fair warning requirement)
- Bush v. Strain, 513 F.3d 492 (5th Cir. 2008) (no clear guidance on school regulation of student speech; fair warning principle)
- Kinney v. Weaver, 367 F.3d 337 (5th Cir. 2004) (Fourth Amendment rights of students; qualified immunity analysis)