46 results for 'cat:"Constitution" AND cat:"Education"'.
J. Wardlaw finds that the district court properly issued an order preliminarily enjoining Idaho’s Fairness in Women’s Sports Act , which is a ban on the participation of transgender individuals in women’s student athletics. The district court did not abuse its discretion when it found that the athletes were likely to succeed on the merits of their claim that the Act violates the Equal Protection Clause of the Fourteenth Amendment. Affirmed.
Court: 9th Circuit, Judge: Wardlaw, Filed On: August 17, 2023, Case #: 20-35813, Categories: Civil Rights, constitution, education
J. Paez finds that the district court properly determined that the individual's suit for injunctive relief against Columbia Basin College officials can proceed. Columbia Basin College officials terminated the individual from the nursing program after learning that he had sought medical treatment for homicidal thoughts about three instructors. Affirmed.
Court: 9th Circuit, Judge: Paez, Filed On: August 14, 2023, Case #: 21-35995, Categories: constitution, education
J. Wood finds that the lower court properly refrained from reaching the federal constitutional issues in this suit over the superintendendant's refusal to provide bussing services to a Catholic school because there was another Catholic school in the same area that already received bussing services. The school prevailed on its state-law claims and cannot pressure the federal court into issuing an advisory opinion. Further, the school waived their requests for damages under state law in prior litigation, and parties must be held to their choices. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: August 14, 2023, Case #: 22-2786, Categories: constitution, education, Damages
J. Eagan grants the education defendants' dismissal motion in this lawsuit alleging that an accreditation requirement violates the free speech and free exercise rights of religious colleges and universities. The plaintiff company, which allegedly operates an online university, seeks declaratory and injunctive relief. However, the state accreditation requirement "has nothing to do with governmental restriction of content or subject matter being taught." Additionally, it does not suggest that the state "is favoring secular institutions or acting with hostility to religious institutions."
Court: USDC Northern District of Oklahoma , Judge: Eagan, Filed On: August 1, 2023, Case #: 4:22cv477, NOS: Constitutionality of State Statutes - Other Suits, Categories: constitution, education
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Per curiam, the Michigan Court of Appeals finds the Michigan Supreme Court properly ruled that the University student's right to “open carry” a firearm on school grounds was infringed upon by an article of the school’s property protection ordinance. Though gun bans are matters of debate, as a school, the University is a sensitive place, and it is up to the policymaker to determine how to address public safety. Affirmed.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: July 20, 2023, Case #: 330555, Categories: constitution, education, Firearms
J. Willett finds the district court improperly denied the school district’s motion to dismiss the federal civil rights claim brought by the parents of a disabled student who was sexually assaulted by another student. The Fifth Circuit has never adopted a state-created danger exception to the “no duty to protect” rule, asserting that “never-established right cannot be a clearly established one.” The parents can still seek redress under their Title IX claim, which has been stayed pending this interlocutory appeal. Reversed and remanded with instructions to dismiss the civil rights claim.
Court: 5th Circuit, Judge: Willett, Filed On: July 14, 2023, Case #: 21-20553, Categories: Civil Rights, constitution, education
[Consolidated.] Per curiam, the circuit finds that the district court properly dismissed free speech and assembly claims brought after plaintiff was barred from attending high school sporting events based on a post-practice meeting he attended with members of his daughter's varsity basketball team to discuss a boycott due to dissatisfaction with the coach. Plaintiff was reasonably banned from games for sneaking into the school after hours in light of safety considerations, and the decision was viewpoint neutral. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: July 11, 2023, Case #: 21-2555-cv, Categories: constitution, education
J. Roberts finds that the court of appeals improperly ruled in this challenge to the university's process of considering race as an admission factor for students on grounds that using race as a determining factor violates the equal protection clause. Reversed.
Court: US Supreme Court, Judge: Roberts, Filed On: June 29, 2023, Case #: 20-1199, Categories: constitution, education
J. Hudson finds the county court improperly granted a temporary restraining order in this challenge to the validity of an emergency clause in the “LEARNS” Act as invalid and ineffective for failing to state facts sufficient to establish an emergency pursuant to the Arkansas Constitution, and its attempts to declare an emergency as to only some provisions rather than the Act as a whole. Fund expenditure claims under the transformation contract are monetary and not considered irreparable. Alleged harm from the nonrenewal of employment contracts and other related adverse effects can also be compensated by money damages or redressed in court. Reversed and remanded. Temporary restraining order vacated.
Court: Arkansas Supreme Court, Judge: Hudson, Filed On: June 15, 2023, Case #: CV-23-358, Categories: constitution, education, Contract
J. Nowell finds that the lower court properly granted the university administrators' plea to the jurisdiction in this lawsuit brought by a tenured professor, who was allegedly removed from teaching certain classes and brings claims for violations of his constitutional rights. The court notes that the parties' dispute over "quizzes versus homework assignments is not a matter of public concern." Affirmed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: June 7, 2023, Case #: 05-21-00799-CV, Categories: constitution, education, Employment
J. King finds the lower court improperly granted summary judgment to the concerned Asian American parents. The challenged admissions policy’s central aim is to equalize opportunity for Black and Latino students hoping to attend one of the nation’s best public schools disproportionately populated by Asian American and white students. The coalition failed to show how the Board discriminated against Asian American students by widening the net for students of all backgrounds. Reversed.
Court: 4th Circuit, Judge: King, Filed On: May 23, 2023, Case #: 22-1280, Categories: Civil Rights, constitution, education