Doninger v. Niehoff, No. HHB-CV-07-4014735-S (Conn. Super. Ct., filed July 16, 2007).

Doninger v. Niehoff, Civil No. 07-01129 (D. Conn. removed from state court July 26, 2007).

Status: Denial of preliminary injunction upheld; defense motion for summary judgment granted in part; appeal pending.

A high school student and her mother sued the principal of her daughter’s school and the superintendent of her school district after they barred the student from running for re-election as student secretary after she posted complaints to her blog about a student-planned concert that was canceled by school administrators.

The state case was moved to federal court in late July 2007. On Aug. 31, 2007, the federal trial court denied a preliminary injunction to force school administrators to allow the girl to run for office; the 2nd Circuit Court of Appeals affirmed this ruling on May 30, 2008. Doninger v. Dept. of Homeland Security, No. 07-CV-3885 (2d Cir. 2008).

The case then returned to the trial court, which partially granted a defense motion for summary judgment on Jan. 15, 2009, leaving only a claim alleging that the student’s speech was chilled when she was prohibited from wearing a t-shirt with a message on it at school. The student has appealed the partial grant of summary judgment.

Links and Court Documents:

Case information: http://www.citmedialaw.org/threats/doninger-v-niehoff

http://www.rep-am.com/News/438521.txt

http://www.ctcentral.com/site/news.cfm?newsid=18616270&BRD=1643&PAG=461&dept_id=10486&rfi=6

http://www.nbc30.com/news/13385544/detail.html

http://region19.blogspot.com/2008_05_01_archive.html

http://jonathanturley.org/2008/05/30/second-circuit-upholds-punishment-of-high-school-student-for-out-of-school-web-entry/

http://www.nhregister.com/articles/2008/11/13/news/a3-db.txt

State complaint: http://mirandamagazine.com/joomla/images//donninger%20lawsuit.pdf

State docket: http://civilinquiry.jud.ct.gov/DispDetail.asp?DocNum=HHB-CV-07-4014735-S

Federal district court decision denying injunction: http://www.splc.org/pdf/doningerdenial.pdf

Appellate decision affirming denial of injunction: http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA3LTM4ODUgLWN2X29wbi5wZGY=/07-3885%20-cv_opn.pdf