Barna v. Board of School Directors Panther Valley School District

Barna attended a School Board meeting and expressed concerns on behalf of himself and friends. Board President Markovich responded that Barna should bring his friends. Barna replied, “my friends have guns.” Markovich asked Barna to leave a subsequent meeting. Barna stated: “I may have to come after all of yous” and went after a Board member. A security guard restrained Barna. The superintendent informed Barna that he could attend Board meetings but would be banned from future attendance if he engaged in disorderly conduct. Barna subsequently attended meetings without incident until, in October 2011. Barna became confrontational after being denied the opportunity to ask questions, stating: “Do you want to fight?” During a recess, Barna uttered “[s]on of a bitch” within earshot of attendees. The Board solicitor sent Barna a letter barring him from attending Board meetings, school extracurricular activities, and from “be[ing] physically present” on the campus. Barna was permitted to submit written questions, which the Board would answer in a timely manner. Barna sued, alleging violations of his First Amendment right to free speech and First and Fourteenth Amendment rights to be free from unconstitutional prior restraint. The court granted defendants summary judgment, citing qualified immunity. The Third Circuit affirmed in favor of the individual officials in their individual capacities but vacated with respect to the Board and the individual officials in their official capacities. The district court overlooked Supreme Court precedent that municipalities do not enjoy qualified immunity from suit for damages under 42 U.S.C. 1983. View "Barna v. Board of School Directors Panther Valley School District" on Justia Law