Doninger v. Niehoff

Rule of Law:

School officials are entitled to qualified immunity from damages for disciplining student speech when the student's First Amendment rights were not clearly established at the time of the incident, particularly in the context of off-campus online speech that is related to school affairs and could foreseeably cause a substantial disruption.

Facts:

• Avery Doninger, a student and Junior Class Secretary at Lewis S. Mills High School (LMHS), was involved in planning a school event called 'Jamfest'.
• A dispute arose with school administrators, Principal Karissa Niehoff and Superintendent Paula Schwartz, over the scheduling and location of Jamfest.
• Doninger and three other students sent a mass email from a school computer urging parents and students to contact the central office to complain about the Jamfest situation.
• That evening, from her home, Doninger published a post on her public blog referring to school administrators as 'douchebags' and encouraged others to contact the superintendent to 'piss her off more'.
• The emails and blog post led to an influx of calls to the administration and a gathering of upset students at the school.
• As a result of the blog post, Principal Niehoff determined Doninger failed to maintain a 'good citizenship record' and disqualified her from running for Senior Class Secretary.
• On the day of the student government election assembly, several students planned to wear t-shirts that read 'Team Avery' and 'Support LSM Freedom of Speech'.
• Principal Niehoff prohibited students from wearing the 'Team Avery' t-shirts inside the auditorium during the assembly where candidates were scheduled to speak.

Procedural Posture:

• Lauren Doninger, on behalf of her daughter Avery, filed a complaint in Connecticut Superior Court, asserting claims under 42 U.S.C. § 1983 and state law.
• Defendants removed the action to the United States District Court for the District of Connecticut.
• The plaintiff's motion for a preliminary injunction, seeking to void the school election, was denied by the district court.
• The U.S. Court of Appeals for the Second Circuit affirmed the denial of the preliminary injunction.
• After graduating, Avery Doninger was substituted as plaintiff, seeking damages.
• On cross-motions for summary judgment, the district court granted summary judgment to the defendants on the blog post claim on qualified immunity grounds.
• The district court denied summary judgment to the defendants on the t-shirt claim, finding a trial was needed.
• Defendants appealed the denial of qualified immunity for the t-shirt claim, and Doninger cross-appealed the grant of summary judgment on the blog post claim to the U.S. Court of Appeals for the Second Circuit.