Justin Layshock v. Hermitage Sch Dist Featured Case

May a school discipline a student for speech created off campus on a social media site?

Defendant: KAREN IONTA, ERIC W. TROSCH, principal Hickory High School and CHRIS GILL, Co-Principal Hickory High School, all in their official and individual capacity
Plaintiff - Appellee: JUSTIN LAYSHOCK, a minor, by and through his parents, DONALD LAYSHOCK and CHERYL LAYSHOCK, individually and on behalf of their son
Defendant - Appellant: HERMITAGE SCH DIST
Not Party - Amicus Appellee: RUTHERFORD INSTITUTE, PA CENTER FOR THE FIRST AMENDMENT and STUDENT PRESS LAW CENTER
Amicus - Amicus Appellant: PA SCHOOL BOARD ASSN
Case Number: 07-4465
Filed: November 30, 2007
Court: U.S. Court of Appeals, Third Circuit
Nature of Suit: Other Civil Rights

Opinions

We have the following opinions for this case:

Date FiledDescription
June 13, 2011 Summary Layshock v. Hermitage Sch. Dist.

Docket Report

We have record of the following docket entries for this case:

Date Filed#Document Text
July 8, 2011 64 MANDATE ISSUED, filed. (TRG)
June 13, 2011 CLERK'S OFFICE QUALITY CONTROL MESSAGE: Precedential En Banc opinion filed June 13, 2011 ERROR: Improper page numbering. Pages for majority and concurring opinions should be numbered separately. CORRECTION: Incorrect opinion has been removed from the docket and opinion with correct page numbering has been substituted. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. (PD)
June 13, 2011 62 JUDGMENT, the order of District Court entered on 011/14/07 granting summary judgment to Justin Layshock on his First Amendment claim is Affirmed. Costs taxed against Appellant. (TRG)
June 13, 2011 61 Featured Case PRECEDENTIAL OPINION Coram: MCKEE, Chief Judge, SLOVITER, SCIRICA, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, GREENAWAY JR., VANASKIE and ROTH, Circuit Judges. Total Pages: 44. Judge: MCKEE Authoring, Judge: JORDAN Concurring, Judge: VANASKIE Concurring. (TRG)
August 30, 2010 60 ECF FILER: Letter dated 08/30/2010 , filed pursuant to Rule 28(j) from counsel for Appellees Cheryl Layshock, Donald Layshock and Justin Layshock. This document will be SENT TO THE MERITS PANEL, if/when applicable. (WJW)
June 3, 2010 ARGUED (Rehearing En Banc) on Thursday, June 3, 2010 before McKEE, Chief Judge, SLOVITER, SCIRICA, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, GREENAWAY, VANASKIE and ROTH, Circuit Judges Anthony G. Sanchez arguing for Appellant Hermitage Sch Dist; Witold J. Walczak arguing for Appellees Justin Layshock, Donald Layshock, and Cheryl Layshock (TLG)
June 1, 2010 58 ECF FILER: Response filed by Appellant Hermitage Sch Dist to Rule 28(j) letter. Certificate of Service dated 06/01/2010. This document will be SENT TO THE MERITS PANEL, if/when applicable. (AGS)
May 28, 2010 57 ECF FILER: Letter dated 05/28/2010 , filed pursuant to Rule 28(j) from counsel for Appellee Justin Layshock. This document will be SENT TO THE MERITS PANEL, if/when applicable. (WJW)
May 7, 2010 56 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Witold J. Walczak, Esq. for Appellees Cheryl Layshock, Donald Layshock and Justin Layshock. Certificate of Service dated 05/07/2010. (WJW)
May 7, 2010 55 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Anthony G. Sanchez, Esq. for Appellant Hermitage Sch Dist. Certificate of Service dated 05/07/2010. (AGS)
April 13, 2010 54 Calendared for Thursday, 06/03/2010. (TLG)
April 9, 2010 53 Featured Case ORDER (SCIRICA, Chief Judge, SLOVITER, MCKEE, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN and GREENAWAY, Circuit Judges) granting Petition for En Banc Rehearing by Appellant Hermitage Sch Dist. It is Further Ordered that the opinion and judgment filed February 4, 2010 as to the appeal No. 07-4465, are hereby vacated, filed. SCIRICA, Authoring Judge. (MLR)
March 19, 2010 52 ECF FILER: Response filed by Appellees Cheryl Layshock, Donald Layshock and Justin Layshock to for Panel Rehearing, En Banc Rehearing. Certificate of Service dated 03/19/2010. (KMW)
March 5, 2010 51 Featured Case ORDER (SCIRICA, Chief Judge, SLOVITER, MCKEE, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN and ROTH, Circuit Judges) directing an Answer to be filed in Response to the Appellant's Petition for Rehearing on or before 03/19/10. MCKEE, Authoring Judge. (TRG)
February 18, 2010 50 ECF FILER: Petition filed by Appellant Hermitage Sch Dist for Rehearing before original panel and the court en banc. Certificate of Service dated 02/11/2010. (AGS)
February 4, 2010 49 JUDGMENT, Affirmed. (Vacated as to No. 07-4465 only as rehearing has been granted in No. 07-4465) [07-4465, 07-4555]--[Edited 04/09/2010 by MLR] (TRG)
February 4, 2010 48 Featured Case PRECEDENTIAL OPINION Coram: MCKEE, SMITH and ROTH, Circuit Judges. Total Pages: 54. Judge: MCKEE Authoring. (Vacated as to No. 07-4465 only as rehearing has been granted in No. 07-4465) [07-4465, 07-4555]--[Edited 04/09/2010 by MLR] (TRG)
December 31, 2008 47 Letter dated 12/31/2008 , filed pursuant to Rule 28(j) from counsel for Appellant Hermitage Sch Dist in 07-4465, Appellee Hermitage Sch Dist in 07-4555. This document will be SENT TO THE MERITS PANEL, if/when applicable. [07-4465, 07-4555] (AGS)
December 10, 2008 COURT RESPONSE REQUEST AT ORAL ARGUMENT. Appellant to file a 28j letter in reference to his argument. [07-4465, 07-4555] (CMH)
December 10, 2008 ARGUED on Wednesday, December 10, 2008 before MCKEE, SMITH and ROTH, Circuit Judges. Anthony G. Sanchez arguing for Appellant/Cross-Appellee Hermitage Sch Dist, Witold J. Walczak arguing for Appellees/Cross-Appellants Justin Layshock, Donald Layshock, and Cheryl Layshock. [07-4465, 07-4555] (CMH)
November 25, 2008 44 Oral Argument Notification for Wednesday, 12/10/2008. [07-4465, 07-4555] (CMH)
September 29, 2008 43 Calendared for Wednesday, 12/10/08. (Rescheduled from Tuesday, 12/09/2008) [07-4465, 07-4555] (CMH)
July 15, 2008 HARD COPY RECEIVED from Appellees/Cross-Appellants Donald Layshock, Cheryl Layshock and Justin Layshock in 07-4465 and 07-4555 - 4th Step Brief. Copies: 10. [07-4465, 07-4555] (LAL)
July 14, 2008 41 ELECTRONIC 4th STEP BRIEF on behalf of Appellees/Cross-Appellants Cheryl Layshock, Donald Layshock and Justin Layshock in 07-4465 and 07-4555, filed. Pages: 8, Words: 2,065, Manner of Service: mail, Certificate of Service dated 07/14/2008. [07-4465, 07-4555] (LAL)
June 30, 2008 HARD COPY RECEIVED from Appellant/Cross-Appellee Hermitage Sch Dist in 07-4555 and 07-4465 - 3rd Step Brief. Copies: 10. [07-4555, 07-4465] (MS)
June 26, 2008 39 ELECTRONIC 3rd STEP BRIEF on behalf of Appellant/Cross-Appeellee Hermitage Sch Dist in 07-4465 & 07-4555, filed. Pages: 21, Words: 4967, Manner of Service: mail, Certificate of Service dated 06/26/2008. [07-4465, 07-4555] (MS)
June 23, 2008 COMPLIANCE RECEIVED. Received Letter and Appearance form. [07-4465, 07-4555] (EMA)
June 23, 2008 37 ENTRY OF APPEARANCE filed by Attorney Joanna J. Cline, Esq. for Amicus Appellees PA Ctr for the First Amendment and Student Press Law Ctr in 07-4465. (CJG)
June 19, 2008 36 Letter dated June 19, 2008 from Joanna J. Cline, counsel for Amicus Appellees/Cross-Appellants Student Press Law Ctr and PA Ctr for the First Amendment in 07-4465 & 07-4555, clarifying a citation in brief, filed. Certificate of Service dated 06/19/2008. [07-4465, 07-4555] SEND TO MERITS PANEL. (EMA)
June 18, 2008 Notice of electronic request to Attorney Joanna J. Cline, Esq. for Amicus Appellees/Cross-Appellants Student Press Law Ctr and PA Ctr for the First Amendment in 07-4465 & 07-4555 requesting a letter clarifying a citation in the Amicus Brief and an Appearance form. Response due in 3 days. [07-4465, 07-4555] (EMA)
June 10, 2008 34 ENTRY OF APPEARANCE filed by Attorney John W. Whitehead, Esq. for Amicus Appellee Rutherford Institute.. (MCW)
June 9, 2008 33 ELECTRONIC AMICUS BRIEF on behalf of Amicus Appellee Rutherford Institute, filed. Pages: 14, Manner of Service: mail, Certificate of Service dated 05/07/2008. (GPK)
June 9, 2008 COMPLIANCE RECEIVED. Amicus-Appellee's (Rutherford Inst) consent letter. (GPK)
June 9, 2008 31 LETTER on behalf of Amicus-Appellee Rutherford Inst showing consent to proceed as Amicus. Certificate of Service dated 06/09/2008. (GPK)
June 6, 2008 Notice of telephonic request to Attorney John W. Whitehead, Esq. for Amicus Appellee Rutherford Institute for statement of consent to proceed as amicus curiae. Response due in 3 days. (GPK)
June 3, 2008 HARD COPY RECEIVED from Amicus Appellees/Cross-Appellants PA Ctr for the First Amendment and Student Press Law Ctr in 07-4465 and 07-4555 - Amicus Brief. Copies: 10. [07-4465, 07-4555] (EMA)
June 3, 2008 28 ELECTRONIC AMICUS BRIEF on behalf of Amicus Appellees/Cross-Appellants PA Ctr for the First Amendment and Student Press Law Ctr in 07-4465 and 07-4555, filed. Pages: 26, Words: 5242, Manner of Service: mail, Certificate of Service dated 06/03/2008. [07-4465, 07-4555] (Filed with Consent of All Parties) (EMA)
May 28, 2008 27 LETTER from Appellees Cheryl Layshock, Donald Layshock and Justin Layshock in 07-4465 and Cross-Appellants Cheryl Layshock and Donald Layshock in 07-4555 providing corrected pages for 2nd Step Brief, received. Certificate of Service dated 05/27/2008. [07-4465, 07-4555] SEND TO MERITS PANEL (GPK)
May 23, 2008 HARD COPY RECEIVED from Appellees Cheryl Layshock, Donald Layshock and Justin Layshock in 07-4465, Appellants Cheryl Layshock and Donald Layshock in 07-4555 - 2nd Step Brief with Addendum attached. Copies: 10. [07-4465, 07-4555] (LAL)
May 22, 2008 25 ELECTRONIC 2nd STEP BRIEF on behalf of Appellees/Cross-Appellants Cheryl Layshock, Donald Layshock and Justin Layshock in 07-4465 and Cheryl Layshock and Donald Layshock in 07-4555, filed. Pages: 58, Words: 16,359, Manner of Service: mail, Certificate of Service dated 05/22/2008. [07-4465, 07-4555] (LAL)
May 14, 2008 24 Featured Case CLERK ORDER granting Motion for extension of time to file brief filed by Appellees/Cross-Appellants, filed. (DMM)
May 8, 2008 HARD COPY RECEIVED from Amicus Appellee Rutherford Institute - Amicus Brief. Copies: 10. (GPK)
May 8, 2008 22 MOTION filed by Appellees/Cross-Appellants Cheryl Layshock, Donald Layshock and Justin Layshock for Extension of Time to File Brief until 05/22/2008. Response due on 05/23/2008. Certificate of Service dated 05/08/2008. [07-4465, 07-4555] (DMM)
April 7, 2008 HARD COPY RECEIVED from Amicus Appellant PA Sch Bd Assn in 07-4465 & 07-4555 - Amicus Brief. Copies: 10. [07-4465 & 07-4555] (LAL)
April 7, 2008 20 ENTRY OF APPEARANCE filed by Attorney Sean A. Fields, Esq. for Amicus Appellant PA Sch Bd Assn. (CMH)
April 4, 2008 19 ELECTRONIC AMICUS BRIEF on behalf of Amicus Appellant PA Sch Bd Assn and with consent of all parties in 07-4465 & 07-4555, filed. Pages: 25, Words: 5,312, Manner of Service: mail, Certificate of Service dated 04/04/2008. [07-4465, 07-4555] (LAL)
March 31, 2008 1st STEP APPENDIX on behalf of Appellant/Cross-Appellee Hermitage Sch Dist in 07-4465 and 07-4555, filed. Copies: 4. Volumes: 3. Manner of Service: mail. Certificate of Service dated 03/26/2008. [07-4465, 07-4555] (MS)
March 31, 2008 HARD COPY RECEIVED from Appellant/Cross-Appellee Hermitage Sch Dist in 07-4465 and 07-4555 - 1st Step Brief. Copies: 10. [07-4465, 07-4555] (MS)
March 27, 2008 16 ELECTRONIC 1st STEP BRIEF on behalf of Appellant/Cross-Appellee Hermitage Sch Dist in 07-4465 and 07-4555, filed. Pages: 30, Manner of Service: mail, Certificate of Service dated 03/26/2008. [07-4465, 07-4555] (MS)
March 5, 2008 15 Featured Case CLERK ORDER granting Joint Motion for extension of time to file briefs. The briefing schedule will proceed as follows: First Step Brief: March 26, 2008; Second Step Brief: May 12, 2008; Third Step Brief : June 26, 2008; Fourth Step Brief: July 10, 2008. No further extensions will be granted, filed. (CMH)
February 20, 2008 14 Joint MOTION filed by Appellants and Appellees for an Extension of Time to file Briefs. Certificate of Service dated 02/19/2008. [07-4465, 07-4555] (CMH)
January 15, 2008 BRIEFING NOTICE ISSUED: Appellant/cross-appellee br and apx due 2/25/08, filed. (CMH)
December 18, 2007 APPEARANCE from Attorney Richard T. Ting on behalf of Appellees Donald Layshock and Cheryl Layshock, filed. (CMH)
December 10, 2007 TRANSCRIPT PURCHASE ORDER (PART I), no proceedings in District Court. (CMH)
December 10, 2007 DISCLOSURE STATEMENT on behalf of Appellant Hermitage Sch Dist, filed. (CMH)
December 10, 2007 INFORMATION STATEMENT on behalf of Appellant Hermitage Sch Dist, received. (CMH)
December 10, 2007 APPEARANCE from Attorney Christina Lane on behalf of Appellant Hermitage Sch Dist, filed. (CMH)
December 10, 2007 APPEARANCE from Attorney Anthony G. Sanchez on behalf of Appellant Hermitage Sch Dist, filed. (CMH)
December 10, 2007 APPEARANCE from Attorney Witold J. Walczak on behalf of Appellees Justin Layshock, Donald Layshock and Cheryl Layshock, filed. (CMH)
December 7, 2007 DISCLOSURE STATEMENT on behalf of Appellees Justin Layshock, Donald Layshock and Cheryl Layshock, filed. (CMH)
December 7, 2007 APPEARANCE from Attorney Kim M. Watterson on behalf of Appellees Justin Layshock, Donald Layshock and Cheryl Layshock, filed. (CMH)
December 1, 2007 CONCISE SUMMARY OF CASE on behalf of Appellant Hermitage Sch Dist, received. (CMH)
November 30, 2007 RECORD available on District Court CM/ECF. (CMH)
November 30, 2007 CIVIL CASE DOCKETED. Notice filed by Hermitage Sch Dist. (CMH)

Search for this case: Justin Layshock v. Hermitage Sch Dist
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Plaintiff - appellee: JUSTIN LAYSHOCK, a minor, by and through his parents
Represented By: Witold J. Walczak
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Plaintiff - appellee: DONALD LAYSHOCK
Represented By: Richard T. Ting
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Plaintiff - appellee: CHERYL LAYSHOCK, individually and on behalf of their son
Represented By: Richard T. Ting
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Defendant - appellant: HERMITAGE SCH DIST
Represented By: Christina Lane
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Defendant: KAREN IONTA
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Defendant: ERIC W. TROSCH, principal Hickory High School
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Defendant: CHRIS GILL, Co-Principal Hickory High School, all in their official and individual capacity
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Not party - amicus appellee: RUTHERFORD INSTITUTE
Represented By: John W. Whitehead
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Not party - amicus appellee: PA CENTER FOR THE FIRST AMENDMENT
Represented By: Joanna J. Cline
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Not party - amicus appellee: STUDENT PRESS LAW CENTER
Represented By: Joanna J. Cline
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Amicus - amicus appellant: PA SCHOOL BOARD ASSN
Represented By: Sean A. Fields
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