Karen Malleus v. John George, 2011 U.S. App. LEXIS 10724

Malleus served on the Warwick School District Board; George and Hackman were fellow board members; Conrad led the Warwick Republican Party and later ran for the school board.
In 2006 a Reporting Student observed a teacher hugging a minor and the incident prompted an internal district investigation.
Malleus publicly questioned the credibility of the Reporting Student and advised administrators to seek more evidence before disciplining the Teacher.
The investigation concluded with the Teacher receiving a warning after the Reporting Student and Minor Student denied the allegations; Malleus believed the report would remain confidential.
In 2008, after an unrelated sexual incident involving the Teacher, the school board conducted another investigation; the final report detailed Malleus’s interjections.
George, Hackman, and Conrad leaked the confidential report to the press; Malleus claimed this caused reputational harm and other harms, and she sued under § 1983 for privacy rights.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Fourteenth Amendment privacy protects opinions about others	Malleus asserts a privacy right in her opinion about another's truthfulness.	Defendants contend no such right exists under the Fourteenth Amendment when opinion about others is disclosed.	No Fourteenth Amendment privacy in this context; no claim.
Whether the claimed privacy is protected as confidentiality or autonomy	Malleus argues the opinion was confidential and thus protected.	Defendants argue the information was an opinion not entitled to confidentiality.	Information not within recognized privacy categories; no protection.
Whether Malleus pleads a Fourth Amendment privacy right under Twombly/Iqbal	Plaintiff contends there was a constitutional privacy violation by disclosure.	Defendants argue the claim fails as a matter of law under Twombly/Iqbal.	Dismissal proper; claim plausibly not stateable.

Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009) (plausibility pleading standard)
Twombly, 550 U.S. 544 (2007) ( plausibility standard for pleading)
Barna v. City of Perth Amboy, 42 F.3d 809 (3d Cir. 1994) (pleading requirements for §1983 claims)
West v. Atkins, 487 U.S. 42 (1988) (state action and constitutional rights standard)
U.S. Dept. of Justice v. Reporters Comm. for Freedom of Press, 489 U.S. 749 (1989) (limits on public disclosure of private information)
Whalen v. Roe, 429 U.S. 589 (1977) (privacy interest in avoiding disclosure of personal matters)
Fraternal Order of Police v. City of Philadelphia, 812 F.2d 105 (3d Cir. 1987) (recognition of privacy categories for authorized disclosure)