Wednesday, July 20, 2011
Harris v. Pontotoc County Sch. Dist., ____F.3d____(5th Cir. Mar. 10, 2011), is an interesting case. The Fifth Circuit held that a student who was accused of “hacking” into his school’s computer system was not denied due process when he was temporarily suspended and then reassigned to an alternative school. The panel also denied the mother’s First Amendment retaliation claim based on her termination from employment (she was a secretary) with the school district after complaining to the superintendent about the lack of due process afforded her son.
The student had also used his mother's work computer. The court concluded that the mother was not speaking about issues of public concern.
Mitchell H. Rubinstein