Saturday, December 10, 2011
Kirby v. Loyalsock Twp. Sch. Dist., ____F.Supp.2d____ (M.D. Pa. Sept. 6, 2011), is an interesting case. A Pennsylvania lower federal court granted summary judgment in favor of a school district and individual school officials in a suit brought by a former student who claimed the defendants violated her constitutional rights to free association, equal protection, and procedural and substantive due process because school officials failed to discipline the students who were bullying her. Because it found that the student had failed to establish as a matter of law that her constitutional rights were violated, the court declined to address the school officials’ claim that they were entitled to qualified immunity from the suit. The cour also concluded that the school district could not be held liable under the theory of municipal liability, based on the manner in which the officials enforced the school district’s anti-bullying policy, because the court had ruled that the officials had not violated the student’s constitutional rights.
Bullying remains one of the "hot" legal issues today and law review commentary is always welcome.
Mitchell H. Rubinstein