Former High Schooler’s Retaliation Suit Revived by Appeals Court

A former Pennsylvania high school student’s First Amendment lawsuit alleging Penn Trafford School District officials retaliated against her for complaining about bullying was revived by the Third Circuit Wednesday.

This case “is a clear illustration of why we have stated” that ordinarily, “proximate cause cannot be determined on the basis of pleadings but instead requires a factual development at trial,” Judge Theodore A. McKee said for the court.” The District Court simply failed to appreciate allegations that school authorities were trying to maintain an appearance of civility and order by creating an environment where students ‘see no evil, hear no ...