KOWALSKI v. BERKELEY COUNTY SCHOOLS

No. 10-1098.

652 F.3d 565 (2011)

Kara KOWALSKI, Plaintiff-Appellant, v. BERKELEY COUNTY SCHOOLS, a public school district; Manny P. Arvon, II, Superintendent, in his official capacity; Ronald Stephens, Principal, in his official capacity and individually; Becky J. Harden, Vice Principal, in her official capacity and individually; Buffy Ashcraft, cheerleading coach, in her official capacity and individually; Rick Deuell, Assistant Superintendent, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 27, 2011.


Attorney(s) appearing for the Case

ARGUED: Nancy A. Dalby, Charles Town, West Virginia, for Appellant. Tracey Brown Eberling, Steptoe & Johnson, LLP, Martinsburg, West Virginia, for Appellees. ON BRIEF: Jason P. Foster, Steptoe & Johnson, LLP, Martinsburg, West Virginia, for Appellees.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge DUNCAN and Judge AGEE joined.


OPINION

NIEMEYER, Circuit Judge:

When Kara Kowalski was a senior at Musselman High School in Berkeley County, West Virginia, school administrators suspended her from school for five days for creating and posting to a MySpace.com webpage called "S.A.S.H.," which Kowalski claims stood for "Students Against Sluts Herpes" and which was largely dedicated to ridiculing a fellow student. Kowalski commenced this action, under 42 U.S.C. § 1983, against the Berkeley...

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