FOR IMMEDIATE RELEASE

Malcolm Public Schools Deliberately Violated State and Federal Law

Malcolm, Nebraska — October 27, 2025 — A Nebraska law firm announced today that it intends to file suit against Malcolm Public Schools (District 148) following the district’s refusal to comply with state and federal law after being formally notified of multiple violations earlier this month.

According to the firm, Malcolm Public Schools and its leadership, including Superintendent Ryan Terwilliger, knowingly disregarded the Nebraska Open Meetings Act and engaged in unlawful administrative conduct that infringes upon the constitutional rights of a member of the public.

“This is not a misunderstanding of the law — it’s an intentional choice to ignore it,” said a representative for the firm. “When a government entity is given clear notice that its actions violate both state statute and the U.S. Constitution, and still refuses to correct them, that’s not negligence — that’s defiance of the law.”

The forthcoming lawsuit will show that District 148:

  • Violated the Nebraska Open Meetings Act by conducting deliberations and communications among board members and administrators outside of publicly noticed meetings;

  • Engaged in unlawful administrative actions without statutory authority or due process; and

  • Ignored formal notices of non-compliance and demands to cure violations after being explicitly advised of their legal obligations.

The firm stated that despite repeated opportunities to correct course, the district failed to acknowledge or confirm compliance with its duties under Nebraska law or the U.S. Constitution.

“Public bodies in Nebraska have a clear duty to operate transparently, respect due process, and adhere to the Open Meetings Act,” the firm’s spokesperson said. “Instead, Malcolm Public Schools chose secrecy over sunlight. That decision leaves litigation as the only remaining avenue to enforce accountability.”

The upcoming lawsuit will seek declaratory and injunctive relief to void unlawful actions taken in violation of the Open Meetings Act, as well as damages and attorney’s fees under state and federal law.

The District, through its records custodian Ryan Terwilliger, failed to comply with an open records request and facilitated violations of the Open Meetings Act both in willful violation of the law.

Plaintiff Matthew Brunken will assist in prosecuting the matter.

No further details will be released until the complaint is filed.