Date: 02-23-2000

Case Style: Nick Emmett v. Kent School District No. 415

Case Number: 00-CV-0269

Judge: Coughenour

Court: United States District Court for the Western District of Washington

Plaintiff's Attorney: Aaron Caplan, American Civil Liberties Union of Washington, Seattle, Washington

Defendant's Attorney: Michael Brian Harrington, Kent, Washington

Description: Civil Rights - Free Speech - School - Plaintiff, Nick Emmett, was an eighteen-year-old senior at Kentlake High School. He had a grade point average of 3.95, was co-captain of the basketball team and had no disciplinary history. On February 13, 2000, he posted a web page on the Internet that was created from his home without using school resources or time. The web page was entitled "Un-official Kentlake High Home Page," and included disclaimers warning a visitor that the site was not sponsored by the school, and for entertainment purposes only. It contained some commentary on the school administration and faculty. The page post mock "obituaries" of at least two of the Plaintiff's friends. In addition, the Plaintiff allowed visitors to the web site to vote on who would "die" next -- that is, who would be the subject of the next mock obituary.

On Wednesday, February 16, an evening television new story characterized Plaintiff's web site as featuring a "hit list" of people to be killed, although the words "hit list" appear nowhere on the web site. That nigh, Plaintiff removed his site from the Internet. The next day, he was summoned to the school principal's office, and eventually told that he was placed on emergency expulsion for intimidation, harassment, and violation of Kent School District copyright.

The emergency expulsion was subsequently modified to a five-day short term suspension, beginning Friday, February 18, 2000. The defendant could not present any evidence that any student actually felt threatened by the web site, although it claimed during oral argument that it believed that some students felt intimidated.

Plaintiff sought a temporary restraining order.

Outcome: Sustained. Plaintiff required to post a $100 bond. After judge granted the TRO, case settled. Relief included removing all discipline from the student's record, $1 nominal damages,$6000 in attorney fees.

Plaintiff's Experts: None

Defendant's Experts: None

Comments: E-mail suggested additions, comments, updates, and/or corrections to info@morelaw.com.

For more information about his case, see: 92 F.Supp.2d 1088 (W.D. Wash. 2000).