Tuesday, April 17, 2012

Legal Update


After the arrest of Mr. Fran Hoefer approximately two years ago, a Federal lawsuit was filed against Dr. Eastwood, Mr Geiger, and the Middletown board of Education for not allowing Mr. Hoefer to speak at a public board meeting, and for his later arrest by Middletown Police. The discovery phase for this case has been completed, and the school district has or will soon file for a summary judgement in this case. The district claims that they were not responsible for the arrest of Mr. Hoefer. However, according to Officer Marcado's police narrative, Mr. Haverlan of school security informed the Middletown police that Dr. Eastwood wanted Mr. Hoefer arrested. In addition, since Dr. Eastwood was the highest ranking administrator in the building at the time, it is difficult to see how and why school security would have contacted the police without his authorization.
Following this incident, a blog was was posted on "inside middletown schools" offering the comments that Mr. Hoefer had planned to give at the board meeting. Subsequently, Dr. Eastwood filed a libel suit against Mr. Hoefer and Dr. Mauro in State Court. In response to this lawsuit, Mr. Hoefer and Dr. Mauro filed a counter suit claiming Dr, Eastwood's lawsuit was without merit and a S.L.A.P.P. lawsuit. As defined by Wikapedia : "A strategic lawsuit against public participation (S.L.A.P.P.) is a lawsuit intended to censor or intimadate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition. The typical SLAPP plaintiff does not normally expect to win the lawsuit. The plaintiff's goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal cost...". Currently, discovery has been completed for these cases. Unless a summary judgement is granted, these cases will go to trial by the end of the year, or the beginning of next year.
To refresh your memory, here's the video clip of Fran Hoefer being removed from the high school: http://www.youtube.com/watch?v=Kzjpk1naemI