Harris Ex Rel. Harris v. PONTOTOC COUNTY SCHOOL
2011 U.S. App. LEXIS 4639
5th Cir.2011Background
- DEREK HARRIS, an eighth-grade student in Pontotoc County School District, faced district scrutiny for alleged computer-network misconduct.
- The district investigated after Derek and a friend emailed a computer teacher about hacking, with later messages referencing a possible DoS attack.
- Kidd collected logs from Derek's mother's computer; a state analyst was arranged to inspect the network and interview Derek.
- Derek was suspended up to 10 days after written charges alleging possession of a key logger, a ping attack, and bypassing system security.
- Derek and his mother met with district officials multiple times; the district's actions culminated in alternative school placement for Derek and a reassignment for Mrs. Harris.
- Derek and Mrs. Harris sued the district and superintendent Roye for due process violations, defamation, Mrs. Harris’s First Amendment retaliation claim, and tortious interference; the district court granted summary judgment for the defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Due process for a short suspension | Harris contends process was incomplete | District provided notice and opportunity to respond | Summary judgment affirmed on due process claim |
| Defamation by district employees | Statements to students about Derek being a hacker were false and damaging | Hearsay and lack of third-party publication negate defamation claim | Summary judgment affirmed on defamation claim |
| Mrs. Harris First Amendment retaliation | Termination retaliated against her protest and potential legal action | Speech did not address a matter of public concern | Summary judgment affirmed for district on First Amendment claim |
| Tortious interference with Mrs. Harris's contract | Roye fired Harris to retaliate for criticism and threats to sue | Firing within scope of authority; lacked evidence of bad faith | Summary judgment affirmed for Roye on tortious interference claim |
Key Cases Cited
- Goss v. Lopez, 419 U.S. 565 (1975) (due-process protections for student discipline; basic procedure required for suspensions)
- Nevares v. San Marcos Consol. Indep. Sch. Dist., 111 F.3d 25 (5th Cir. 1997) (education as a non-denial of access issue; transfer not per se denial)
- Meyer v. Austin Indep. Sch. Dist., 161 F.3d 271 (5th Cir. 1998) (parents can substitute for student in procedural protections)
- Porter v. Ascension Parish Sch. Bd., 393 F.3d 608 (5th Cir. 2004) (evidence of admission to bypassing security; due process timing considerations)
- Dodds v. Univ. of Tex. Sys. Police, 933 F.2d 271 (5th Cir. 1991) (mixed motives; public-concern analysis for First Amendment retaliation)
- Terrell v. Univ. of Tex. Sys. Police, 792 F.2d 1360 (5th Cir. 1986) (assessing public-concern content in employee speech)