2012 WL 3870868
D. Minn.2012Background
- Plaintiffs move to dismiss and seek to file a supplemental brief; oral argument held July 13, 2012.
- R.S., a twelve-year-old student, allegedly punished for two off-campus Facebook posts about a hall monitor.
- R.S. was given detention and an in-school suspension, with another restriction on a ski trip.
- Officials allegedly compelled disclosure of private passwords; officials reviewed R.S.’s private Facebook messages and emails.
- Plaintiffs bring eight counts including First and Fourth Amendment claims, state constitutional claims, privacy, IIED, and conspiracy.
- Court: at this stage, assume truth of pleadings; Monell and other claims evaluated; some claims dismissed as inadequately pled.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Monell liability against District | Plaintiffs plead a custom/policy of punishing off-campus speech and searching private accounts. | No established written policy; liability requires final policy/custom; Falk lacks final policy authority. | Monell claim survives; custom established; dismissal denied. |
| Qualified immunity for school defendants on First Amendment claim | R.S.’s out-of-school speech was protected; rights clearly established at time. | Law unclear due to D.J.M.; no clearly established right. | Rights were clearly established; qualified immunity denied at this stage. |
| Fourth Amendment search of private Facebook messages | Search lacked legitimate school interest; privacy rights violated. | Balance legitimate interests with privacy; may be justified by school safety. | Plaintiff adequately pleads a violation; qualified immunity denied at this stage. |
| Conspiracy claims under 42 U.S.C. § 1985/1986 | There was a mutual understanding to deprive civil rights. | No evidence of racial/class-based discriminatory animus; speculation insufficient. | Grant of dismissal; §1985 dismissed; §1986 so dismissed. |
| State constitutional claims and duplicative relief | State claims may proceed alongside federal claims; coextensive relief anticipated. | Private rights under Minnesota Constitution may be duplicative of §1983 claims. | State claims not dismissed; maintain as coextensive with federal relief at this stage. |
Key Cases Cited
- Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (U.S. 1978) (municipal liability requires policy or custom as moving force)
- Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503 (U.S. 1969) (student speech protected absent substantial disruption)
- Morse v. Frederick, 550 U.S. 393 (U.S. 2007) (substantial disruption standard for school regulation of speech)
- D.J.M. v. Hannibal Pub. Sch. Dist. No. 60, 647 F.3d 754 (8th Cir. 2011) (true threats and substantial disruption may limit out-of-school speech exceptions)
- Layshock ex rel. Layshock v. Hermitage Sch. Dist., 650 F.3d 205 (3d Cir. 2011) (out-of-school parody not punishable when not disruptive)
- J.S. ex rel. Snyder v. Blue Mountain Sch. Dist., 650 F.3d 915 (3d Cir. 2011) (MySpace profile not punishable absent disruption)
- Griffin v. Breckenridge, 403 U.S. 88 (U.S. 1971) (conspiracy requires class-based discriminatory animus)
- Knudtson v. City of Coates, 517 N.W.2d 114 (Minn. 1994) (state constitutional claims may be justiciable)