The Herald, Sharon, Pa.

Local News

February 17, 2010

UPDATE: Backed by insurer, school board OKs keeping Layshock case alive

By Joe Pinchot

HERMITAGE — Hermitage School Board on Tuesday authorized appealing an appellate court's decision in the Justin Layshock case.

Layshock was a Hickory High School student suspended for creating an unflattering profile of his then principal, Eric Trosch, in December 2005 on the MySpace social networking Web site.

Layshock and his parents, Donald and Cheryl, represented by the American Civil Liberties Union, sued the school board in federal court and a judge agreed that the district had violated Layshock’s free-speech rights by disciplining him for a profile Layshock created on his grandmother’s computer.

The school board appealed and the U.S. Court of Appeals for the Third Circuit, Philadelphia, affirmed the decision of the lower court judge in an opinion filed earlier this month.

School board solicitor Roger R. Shaffer said the attorney handling the case for the board, Anthony G. Sanchez, Pittsburgh, does not want to immediately ask the U.S. Supreme Court to review the case.

Instead, Sanchez wants to ask that all of the judges of the Third Circuit consider the case, a so-called “en banc” panel.

A three-judge panel issued the initial ruling.

If the board is not satisfied by whatever decision the Third Circuit makes, such as refusing an en banc review or affirming the three-judge panel’s decision, the district could ask the Supreme Court to consider the case.

There is no absolute right to appeal to the Supreme Court and the justices choose which cases to consider.

Shaffer added that the appeal will not cost the district anything. The district’s insurance carrier has agreed to pay for the appeal.

Sanchez had said previously that the case is ripe for Supreme Court review because it deals with a school’s authority in the era of instant communication and rapid advances in technology.

On the same day of the Layshock decision, the Third Circuit handed down a ruling in another case that seemed to contradict its decision in the Layshock case, some legal observers said.

Text Only
Local News
  • Store owner busted again for fake pot sales

    The owner of a Grove City store already facing charges related to the sale of synthetic marijuana has been arrested a second time for selling the drug.

    Ala H. Nassar, 27, of 125 S. Seventh St., Sharpsville, was arrested Thursday on charges of delivery, possession and possession with intent to deliver synthetic pot, criminal use of a cellular telephone and conspiracy to commit delivery.

    Abdallah H. Matariyeh, 27, of the same address, also was arrested on charges of delivery and possession with intent to deliver.

    February 10, 2012

  • Bids opened for work to widen Rt. 760

    PennDOT officials opened bids Thursday for the first two sections of a three-section widening of Route 760 in Wheatland, Farrell and Sharon.

    February 10, 2012

  • Timeline now at center of negligence lawsuit

    A jury will decide whether the normal statute of limitations applies in a lawsuit filed by a Sharon man accusing a Sewickley agency of negligence that resulted in numerous injuries to his disabled son.

    February 10, 2012

  • Social media alert first responders

    The Mercer County Fire/EMS alerts’ Facebook page is two years strong and continues to attract followers who want the latest updates on traffic accidents, fires and other emergencies.

    February 10, 2012

  • State cuts trickle down to township

    Brookfield Township “is in a world of hurt.”

    February 9, 2012

  • Toth takes $30k to settle lawsuit

    It’s typical for lawsuit settlement agreements to include a confidentiality clause that bars the parties from discussing the terms of the settlement.

    February 9, 2012

  • Taking flight

    Some kids probably daydream about sending their homework up into the atmosphere, but that really happened this week for a few classes of Jamestown Area High School students.

    February 9, 2012

  • GC man called suspect in Jan. 27 bank robbery

    A Grove City man charged with robbing a Zelienople bank Monday is a suspect in the Jan. 27 robbery of a Sandy Lake bank.

    February 8, 2012

  • Committee to focus on finances for future

    Sharon city leaders have money on their minds as they look to the future of the once-vibrant town struggling with a limited tax base and higher costs of doing business.

    February 8, 2012

  • Summer work turns into year-round part-time job

    A Sharpsville resident asked council members this week why the man hired as summer help is still on the payroll in the middle of winter.

    February 8, 2012