Barna v. Board of School Directors — civil rights — partial reversal — Chagares

After a man was “threatening and disruptive” at several school board meetings, the school board banned him from attending any of its future meetings. The man sued the board and various individuals, alleging the denial of his First Amendment rights. The district court, adopting a magistrate judge’s recommendation, granted summary judgment to all defendants based on qualified immunity. Today, the Third Circuit reversed in part, upholding summary judgment for the individuals but reversing and remanding as to the school board, which under a 1980 Supreme Court ruling does not enjoy qualified immunity. The court did not decide whether the ban was in fact unconstitutional.

There was an interesting procedural wrinkle here: the appellant apparently inadvertently failed to argue that school boards are not entitled to qualified immunity. The Third Circuit held that the the issue was forfeited, not waived, and that “truly exceptional circumstances” existed to excuse the forfeiture given the district court’s clear legal error and the absence of surprise.

Joining Chagares were Greenaway and Restrepo. Arguing counsel were Jonathan Phillips of Orwigsburg, PA for the appellant and Thomas Specht of Marshall Dennehey for the school board. Also listed as counsel for the appellant was Gary Marchalk, who died tragically earlier this year.