Between the time the plaintiff attended Lewis S. Mills High School to when the lawsuit was brought forward, there had been several other reports from students, parents, and faculty regarding David Vibert as he would repeatedly have female students in his office with the door closed during lunch periods.

[3][4] Lewis S. Mills High School was named in Doninger v. Niehoff, a civil rights lawsuit brought by (former student) Avery Doninger, against Principal Karissa Niehoff (now retired) and Superintendent (now retired) Paula Schwartz.

When the blog was discovered some weeks later by the superintendent's 36-year-old son, the administration banned Doninger from running for a class officer position.

The court made the ruling not so much because of the "douchebags" comment, but because her encouragement of students to contact the administration could cause a "foreseeable risk of substantial disruption to the work and discipline of the school."

On April 25, 2011, the US Second Circuit Court of Appeals (based in NYC) "ruled 3-0 that school administrators did not violate “clearly established” First Amendment precedent.