This is Case (fact + Courts Decision​) I need summary for each number ?

Anonymous
timer Asked: Apr 25th, 2017

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give me summary please for :

fact 1

fact 2

Courts Decision 3

Courts Decision4


1) Katherine Evans v. Peter Bayer No. 08-61952-CIV-GARBER Facts: • Plaintiff - Katherine Evans - Senior at Pembroke Pines Charter High School • Defendant – Peter Bayer (in his individual capacity as not as Principal). Mr. Bayer was Principal during the incident. • Case Summary – In November 2007, Evans created a group on Facebook page entitled, “Ms. Sarah Phelps is the worst teacher I’ve ever met.” The purpose for the page was for students to voice their dislike for Ms. Phelps. The page included a photograph of Ms. Phelps. The posting was made after school hours from Evans home computer. Ms. Phelps never saw the posting. The posting did not contain any threats of violence and it did not disrupt school activities. Evans removed the posting after two days on her website. The posting was made known to the Principal after Evans had removed the post. Evans was suspended for three days. Offense – Bullying/ Cyberbullying/Harassment towards a staff member and Disruptive Behavior. 2) Katherine Evans v. Peter Bayer No. 08-61952-CIV-GARBER Facts: • Plaintiff’s Argument – Evans argues that Bayer’s action violated her 1st and 14th Amendment rights. She seeks an injunction enjoining Bayer from maintaining records relating to her suspension and to revoke the suspension. She also seeks nominal damages as well as attorneys’ fees and costs. • Defendants Argument – Bayer (former Principal) argues that qualified immunity shields him from litigation. Second, he claims that even if he is not immune, he was acting pursuant to a school’s right to discipline students for potentially disruptive behavior. • Qualified immunity – Protects government officials from liability from civil damages as long as their conduct does not violate an individuals federal constitutional rights. • Problem – Can the plaintiff (Evans) sue Bayer in his individual capacity and seek relief if the act occurred during Bayer’s official capacity as principal? • Answer - Courts answer is no. Evans injunction for relief is dismissed. 3) Katherine Evans v. Peter Bayer No. 08-61952-CIV-GARBER Courts Decision: • Plaintiff (Evans) Seeks Nominal Damages – Evans is suing Bayer in his personal capacity for nominal damages. • Defendant (Bayer) – Says he is exercising qualified immunity. • Problem – Bayer must prove he was acting in a discretionary (official) capacity. • Courts answer – Yes. An official is acting in his discretionary capacity if he was performing a legitimate job-related function which is administering discipline. He did not violate a constitutional right of the plaintiff. • Courts Ruling – Evans speech was made off-campus, never accessed on-campus, no threats or disruption, and was no longer accessible when the Bayer learned about it. The court finds that Evan’s speech is off-campus speech. • Problem – School can discipline off-campus speech if is unprotected speech. Bayer argues that it is not protected since it is libel. • Courts Ruling – Evans speech is protected because it was an opinion. “Worst teacher ever” is an opinion. Court finds that Evans had constitutional right to express this opinion. 4) Katherine Evans v. Peter Bayer No. 08-61952-CIV-GARBER Courts Decision: • Courts Ruling – Evans actions were not disruptive, nor was her speech lewd, vulgar, defamatory, promoting drug use or violence. There were no disruptions in classes. Evans had a clearly established constitutional right to express her opinion. Bayer’s (Defendant) motion to dismiss the nominal damages against him was denied by the Court. Bayer does not have qualified immunity in regards to attorney fees. The Court finds that the punishment violated the student’s 1st Amendment rights and announced a new rule to govern the ability of school’s to punish offcampus speech based on the Tinker standard only if the speech raises on campus concerns and causes a disruption to school activities.

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