"Qualified immunity" gets another boost in 2nd Court of Appeals ruling

May 13, 2011

Connecticut: In the United States Court of Appeals for the 2nd Circuit, a three judge panel helped to solidify the notion of qualified immunity to protect school administrators from disciplinary actions against students. A recent case decided that school officials did not violate a student's First Amendment right to free speech when they punished her for comments critical of the school's policy online. The school did not allow the teen to serve as class secretary during her senior year, after she complained about the school in her blog.

Mark Kravitz, judge of the United States District Court for the District of Connecticut, also sided with the school district, finding that they had "qualified immunity", protecting them from lawsuits seeking damages and raising the burden of proof for students bringing claims.

The attorney for the school district said of the ruling, "The message from the court is clear and consistent. The message is that it will support the actions of school leaders when dealing with conduct that disrupts the educational process whether that conduct occurs on-campus or off-campus."