Published on Digital Media Law Project (https://www.dmlp.org)

Office of Dispute Resolution v. Stengle [1]

Summary

Threat Type:

Disciplinary Action

Date:

06/30/2006

Status:

Concluded

Location:

Pennsylvania

Verdict or Settlement Amount:

N/A

Legal Claims:

None

Linda Stengle was a special education due process hearing officer from July 1998 through June 2006, working for the Pennsylvania Office of Dispute Resolution on consecutive one-year contracts. In June 2006, her contract was not renewed because of her blogging activity. On... read full description

Parties

Party Receiving Legal Threat:

Linda J. Stengle

Type of Party:

Individual

Organization

Type of Party:

Individual

Location of Party:

Pennsylvania

Location of Party:

Pennsylvania

Legal Counsel:

Brooke E.D. Say, Stephen S. Russell - Stock and Leader; Sharon M. O'Donnell - Marshall Dennehey Warner Coleman and Goggin (for Office of Dispute Resolution, Lancaster-Lebanon Intermediate Unit 13, Smith); Sarah C. Yerger - Office of the Attorney Gene

Legal Counsel:

Jana R. Barnett

Description

Linda Stengle was a special education due process hearing officer from July 1998 through June 2006, working for the Pennsylvania Office of Dispute Resolution on consecutive one-year contracts. In June 2006, her contract was not renewed because of her blogging activity. On her blog, Stengle discussed issues surrounding children with disabilities and apparently sometimes touched upon the topics of her hearings.

Stengle subsequently filed a lawsuit against several Pennsylvania agencies and officials claiming that they violated her First Amendment rights by choosing not to reappoint her as a hearing officer because of her blogging. The court ultimately dismissed Stengle's First Amendment claims, finding that the government's interest in ensuring an impartial dispute resolution system outweighed Stengle's First Amendment interest.

Details

Content Type:

Text

Publication Medium:

Blog

Subject Area:

Blogs

Court Information & Documents

Jurisdiction:

Pennsylvania

Court Name:

United States District Court for the Middle District of Pennsylvania

Court Type:

Federal

Case Number:

4:06-cv-1913

Relevant Documents:

2006-09-27-Stengle Complaint.pdf [3]

2006-12-08-Office Answer.pdf [4]

2007-01-09-Motion to Dismiss.pdf [5]

2007-03-21-Order Re Motion to Dismiss.pdf [6]

2007-09-17-Lancaster Lebanon Motion to Dismiss.pdf [7]

2008-04-23-Order Re Lancaster Lebanon Motion to Dismiss.pdf [8]

2008-10-24-Penn Dept Ed Defendants Motion for Summary Judgment.pdf [9]

2008-10-24-ODR Defendants Motion for Summary Judgment.pdf [10]

2009-04-27-Order Granting Motions for Summary Judgment.pdf [11]

2009-07-07-Order Denying Motion for Reconsideration.pdf [12]

2007-07-13-Second Amended Complaint.pdf [13]

CMLP Information (Private)

Priority:

1-High

CMLP Notes:

Decision at 2009 WL 1138119, no image just yet

07/28/2009 - LB editing

Source URL (modified on 08/20/2014 - 11:10pm): https://www.dmlp.org/threats/office-dispute-resolution-v-stengle

Links
[1] https://www.dmlp.org/threats/office-dispute-resolution-v-stengle
[2] http://blog.ericgoldman.org/archives/2009/06/may_2009_quick_1.htm
[3] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2006-09-27-Stengle%20Complaint.pdf
[4] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2006-12-08-Office%20Answer.pdf
[5] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-01-09-Motion%20to%20Dismiss.pdf
[6] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-03-21-Order%20Re%20Motion%20to%20Dismiss.pdf
[7] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-09-17-Lancaster%20Lebanon%20Motion%20to%20Dismiss.pdf
[8] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-04-23-Order%20Re%20Lancaster%20Lebanon%20Motion%20to%20Dismiss.pdf
[9] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-10-24-Penn%20Dept%20Ed%20Defendants%20Motion%20for%20Summary%20Judgment.pdf
[10] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-10-24-ODR%20Defendants%20Motion%20for%20Summary%20Judgment.pdf
[11] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-04-27-Order%20Granting%20Motions%20for%20Summary%20Judgment.pdf
[12] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-07-07-Order%20Denying%20Motion%20for%20Reconsideration.pdf
[13] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-07-13-Second%20Amended%20Complaint.pdf