A student expelled for creating a derogatory Web site is barred from filing a civil rights suit against a school district in addition to his constitutional challenge of the expulsion because of the rule of res judicata, a divided Commonwealth Court has ruled.
The court, led by Judge Jess S. Jiuliante, in J.S. v. Bethlehem Area School Districtsaid J.S. and his parents were “granted a full and fair opportunity to litigate the alleged violations of student’s constitutional rights in the prior proceeding.”
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