Allentown Teacher Jason Moorehead Lawsuit: Verdict, Damages, and Attorney Fees

A federal jury in the Jason Moorehead lawsuit found that the Allentown School District violated the former social studies teacher’s First Amendment rights after he attended the January 6, 2021, “Stop the Steal” rally, and awarded him $131,500 in damages in August 2024. A judge later ordered the district to pay an additional $972,597.48 in attorney fees and costs, bringing the total judgment above $1.1 million.¹

How the Case Started

Moorehead had taught at Raub Middle School for roughly 17 to 18 years when he traveled to Washington, D.C., on January 6, 2021, to attend the rally. He has consistently said he went to hear speeches and was never within a mile of the Capitol when it was breached, and he was never charged with any crime.²³

What drew scrutiny were his social media posts: a photo of himself in a “Make America Great Again” hat captioned “Doing my civic duty!” and a shared post reading “Don’t worry everyone the capitol is insured,” to which he added “This.”²⁴⁵

A roughly seven-month investigation conducted with the FBI concluded that his attendance at the rally did not violate the district’s outside-activities policy, but that his posts violated the social media policy. The district then offered to reinstate him on the condition that he accept a reassignment and complete cultural competency training. Moorehead declined, saying it was unsafe for him to return unless the district publicly cleared his name.⁶⁷ On July 28, 2022, the school board voted unanimously to fire him for failing to return to work.⁸

Moorehead filed suit later that year in the U.S. District Court for the Eastern District of Pennsylvania before Judge John M. Gallagher. His core claim was that the district and its officials falsely linked him to the Capitol attack, turned the community against him, and created a hostile environment that made it impossible for him to return. The district argued it was a straightforward employment matter: he was fired because he refused to come back.⁹⁵

What the Jury Decided

After 11 days of trial, the jury returned its verdict on August 16, 2024, finding in Moorehead’s favor on the First Amendment claims. Total damages came to $131,500:

$125,000 in compensatory damages against the Allentown School District, representing roughly one year of Moorehead’s base salary and benefits. The jury awarded nothing for reputational harm or emotional distress.
$6,000 in punitive damages against school director Lisa Conover, for acting “maliciously and wantonly” in violating his rights.
$500 in punitive damages against former board president Nancy Wilt, on the same basis.¹⁰⁵

Board member Phoebe Harris was found liable but no damages were awarded against her. Former Superintendent Thomas Parker was found not liable.¹⁰

The Motion for a New Trial on Damages

Moorehead’s team was not satisfied with the amount. In September 2024, he moved for a new trial on damages, arguing the verdict was inconsistent, against the weight of the evidence, and tainted by juror misconduct, claiming one juror had undisclosed bias related to January 6. Judge Gallagher denied the motion on March 31, 2025, and left the jury’s verdict in place.¹⁰

The Fight Over Attorney Fees

Because Moorehead prevailed on a civil rights claim, his attorneys were entitled to seek fees. They requested approximately $3.1 million, including about $1.5 million for attorney AJ Fluehr, roughly $1.16 million for attorney Francis Malofiy, $156,750 for other attorney and paralegal work, and $265,795 in additional costs. Both lead attorneys billed at $1,000 per hour.¹¹

The district opposed the request, calling it “grossly disproportional” to the $131,500 verdict and noting that Moorehead had rejected prior settlement offers of $1 million and $2.5 million. District counsel also challenged specific expenses, pointing to convenience store and gas station receipts in the billing and arguing that no reasonable attorney would “take their AMEX statement and dump it into a fee petition.” The district proposed a fair award of $117,433.66.¹¹¹²

What the Judge Awarded

On June 12, 2025, Judge Gallagher awarded $972,597.48 in total: $814,879.50 in attorney fees and $157,717.98 in costs. That was less than a third of the amount requested.¹

The cuts came in two places. The judge rejected the $1,000 hourly rate, setting Fluehr’s rate at $395, consistent with the $320 to $415 range he found typical for an attorney with under 11 years of experience in the relevant market. He set Malofiy’s rate at $250, citing Malofiy’s “limited role in the litigation.” He also disallowed roughly $80,000 in expert report expenses and capped travel and miscellaneous reimbursements at $2,000, permitting only travel costs for family members who served as potential witnesses.¹

Who Pays

Combined with the jury verdict, the total judgment against the district and individual defendants tops $1.1 million. According to the district’s legal counsel, the payment is covered by the district’s insurance and will not come out of the school budget.¹³

1
The Morning Call. Allentown School District Jason Moorehead Legal Fees Award
2
CBS News Philadelphia. Allentown Teacher Moorehead January 6
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6abc. Allentown School District Teacher Jason Moorehead Trump Rally Controversy
4
Lehigh Valley News. Trial Starts for Ex-Allentown Teacher Suing District Over Firing
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Lehigh Valley News. Jury Awards $131,500 to Ex-Allentown Teacher
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NBC Philadelphia. Allentown Teacher Suspended After Jan. 6 Fired for Not Working
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Lehigh Valley News. Ex-Teacher Testifies Allentown School District Ruined His Career
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The Morning Call. Allentown School Board Fires Teacher Who Was Suspended After Attending Stop the Steal Rally
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vLex. Moorehead v. Sch. Dist. of the City of Allentown
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CaseMine. Moorehead v. School District of the City of Allentown
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The Morning Call. Former Teacher Seeks $3.1 Million in Costs
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Lehigh Valley News. Judge Hears Arguments for Legal Fees
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Lehigh Valley News. ASD Ordered to Pay Legal Fees and Costs