686 results for 'cat:"Education"'.
J. Jordan finds the District Court properly held that a school board president who was replaced without notice a week after being elected had a clearly established property right in his employment and had been deprived of that right without due process. “It is clearly established that employees with a statutory right in their employment cannot be fired without notice and a hearing.” Affirmed.
Court: 3rd Circuit, Judge: Jordan, Filed On: May 1, 2024, Case #: 22-1866, Categories: education, Employment, Due Process
Per curiam, the appellate division finds that the lower court improperly set aside a jury verdict finding that a physician who treated the decedent had committed medical malpractice. Failing to send the decedent to the emergency room was a clear departure from the standard of care. The jury had ample evidence to find this, given that the decedent would not have committed suicide that day had he been admitted to the hospital. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02340, Categories: Civil Procedure, education
J. Johnson grants a request by a city-parish, compelling an alleged rape victim at a Louisiana college to supplement “vague” and “evasive” responses about her communications with an online “group chat” of women who allege they were sexually assaulted by the same predatory student at three universities. Because counsel for the litigant previously agreed to provide most of the information sought, the alleged rape victim must provide the Lafayette government with a privilege log, including a reason why certain information should be redacted.
Court: USDC Middle District of Louisiana, Judge: Johnson, Filed On: April 30, 2024, Case #: 3:22cv338, NOS: Education - Civil Rights, Categories: education, Evidence, Discovery
J. Carson finds that the lower court properly issued a preliminary injunction against a school district after it sought to restrict an advocate's access to school district facilities and volunteer work. The school district issued the restrictions after the advocate criticized certain people in the district and wanted change, but his criticisms fell under the protections of the First Amendment. The school district's actions against him, as a result, constituted retaliation against free speech. Affirmed.
Court: 10th Circuit, Judge: Carson , Filed On: April 30, 2024, Case #: 23-1000, Categories: education, First Amendment, Injunction
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J. Parker grants the school system's summary judgment motion in this lawsuit brought by a teacher asserting claims under Title VII and the Tennessee Human Rights Act for discrimination, sexual harassment and retaliation. Certain discrete claims of harassment are time-barred, and her hostile work environment claim is not supported by the allegations.
Court: USDC Western District of Tennessee , Judge: Parker, Filed On: April 29, 2024, Case #: 2:22cv2346, NOS: Employment - Civil Rights, Categories: Civil Rights, education, Employment Discrimination
J. Estudillo denies the high school student default judgment for his complaint accusing the school district of not taking enough action to stop a fellow student from saying homophobic slurs to the high school student, who is queer and gender fluid. The high school student does not adequately allege that the school district did not provide him services comparable to non-disabled students, because it is possible that the school district fails to stop all bullying regardless on the protected class status of the victim.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: April 29, 2024, Case #: 3:23cv5717, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, education
Per curiam, the circuit finds the district court properly denied the parents' motion to amend or correct the dismissal of their claims against a school district after their son, who suffers from cerebral palsy, was allegedly injured by a district employee who helped him use the bathroom on a school trip. The education and disability claims were dismissed for lack of subject matter jurisdiction. The parents fail to show the court made a cognizable “mistake” of law under the cited rule of civil procedure. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 29, 2024, Case #: 23-40474, Categories: Civil Rights, education, Negligence
J. Copenhaver grants the Board of Education's motion to dismiss the elementary school counselor’s suit claiming the Board violated her right to freedom of speech and the West Virginia Whistleblower Act. The counselor alleged the Board and school officials took retaliatory action against her by, among other things, formally reprimanding her and removing her as the coordinator of the standardized test after she expressed concerns to school officials as well as gave an interview to a Charleston television station about the resumption of a national standardized test to occur on school premises in April 2021 during the Covid-19 pandemic. The court finds since her pleading is grounded in her capacity as a public employee and not a private citizen, she has failed to state a claim on which relief can be granted, and the Board's interest in effectively and efficiently administering the standardized test outweigh the counselor's public airing of her concerns.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: April 26, 2024, Case #: 2:23cv314, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, education, Covid-19
J. Blacklock finds that the Pandemic Liability Protection Act can be retroactively applied to the student’s claims stemming from Southern Methodist University moving to online classes during the Covid-19 pandemic. The student has not shown that "he had a reasonable and settled expectation that he could recovery money damages from SMU if the government forcibly shut down the campus and gave the school only the option" of moving to online classes.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: April 26, 2024, Case #: 23-0565, Categories: education, Covid-19, Contract
J. Kahn finds that the district court properly held that a school district did not violate a student's due process rights by denying a medical exemption from the Covid-19 masking mandate because the student's fundamental rights had not been violated, and the mandate was reasonably related to legitimate health and safety concerns. However, the court improperly held that administrative remedies had not beeen exhausted when such was not required to bring disability claims alleging failure to accommodate the student's asthma. Affirmed in part.
Court: 2nd Circuit, Judge: Kahn, Filed On: April 25, 2024, Case #: 23-582-cv, Categories: Ada / Rehabilitation Act, education, Covid-19
J. Easterbrook finds that the lower court improperly found for the school in a Title IX sex discrimination suit filed by a male medical student who was found to have physically abused a female student off-campus. The medical student was not expelled until he applied to the university's business school and described his mere suspension as an "exoneration," which the dean of the medical school found to be a falsification. The male student should have been given notice and an opportunity to defend himself before summary expulsion. However, in order to continue with this suit, the male student must disclose his full name, as he is neither a minor nor at risk of improper retaliation. Vacated.
Court: 7th Circuit, Judge: Easterbrook, Filed On: April 25, 2024, Case #: 22-1576, Categories: Civil Rights, education
J. Iannacci finds that the lower court properly found that the Education Law's notice of claim requirements do not apply to charter schools. A mother sued the charter school for a bullying incident where her special needs daughter was pushed to the floor, injuring her elbow. The mother was not required to serve a notice of claim on the school before filing this tort action. "Neither the public character nor the purpose of charter schools renders them equivalent to a school district for purposes of invoking the protections of notice of claim statutes." Affirmed.
Court: New York Appellate Divisions, Judge: Iannacci, Filed On: April 24, 2024, Case #: 02205, Categories: Civil Procedure, education, Tort
J. Novak denies the university's motion to dismiss claims of gender discrimination. An accomplished Black female news director turned communications professor properly presented facts that her Black male supervisor gave her unfavorable assignments, tried to take her role as internship director away, suggested she needed to teach more courses than anyone else in the department and directed her to teach specific courses without her input, while her male and White female counterparts exercised flexibility in choosing courses to instruct.
Court: USDC Eastern District of Virginia, Judge: Novak, Filed On: April 24, 2024, Case #: 3:23cv777, NOS: Other Civil Rights - Civil Rights, Categories: education, Employment Discrimination, Employment Retaliation
J. Jackson finds a lower court properly dismissed a father's civil rights claims against a housing authority. The father argued that he was entitled to welfare priority benefits to send his children to a Muslim school. However, the local borough sufficiently showed in court that the housing authority is only obligated to place children is schools in a nearby location, where education is free. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Jackson, Filed On: April 24, 2024, Case #: CA-2023-577, Categories: Civil Rights, education
J. Lange denies a Department of the Interior motion to dismiss an amended complaint involving self-determination contracts under the Tribally Controlled Schools Act of 1988 under which the Lower Brule Sioux Tribe received federal funds to operate tribal schools that otherwise would have been operated by the federal government. The government collected a deficit of funds that the school would have otherwise received after the Tribe used some of the money to fund tribal government operations other than schools. The Tribe also claimed that the government collected more than the total unearned-revenue balance. The alleged overcollection claim in the amended complaint remains but all the claims from the original complaint remain foreclosed.
Court: USDC South Dakota, Judge: Lange, Filed On: April 24, 2024, Case #: 3:21cv3018, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, education, Native Americans
Per curiam, the appellate division finds that the lower court properly granted the university's motion to dismiss a former student's petition to reinstate her to an occupational therapy master's program. The student was dismissed based on her failing grade in a required course, and was reasonably provided accommodations for her multiple health and learning disabilities. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 23, 2024, Case #: 02159, Categories: education, Due Process
J. Martin finds that the lower court properly declared the state board's decision to revoke the school's charter unlawful. The school has standing to pursue judicial review of the board's determination because 2012 amendments to the law did not signal legislative intent to prohibit judicial review pursuant to the Missouri Administrative Protection Act after revocation of a charter. Affirmed.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: April 23, 2024, Case #: WD86457, Categories: Administrative Law, education, Jurisdiction
J. Kennelly partially grants a former Chicago public school student’s motion for class certification, for all students who “participated in the Quiet Time program in Chicago Public Schools during Chicago Public School’s academic calendar” between 2015 and 2019, and turned 18 on Jan. 13, 2021, or later. The court finds the student has sufficiently alleged the public school system’s “Quiet Time” program had “hidden” Hindu religious elements, such as chanting Sanskrit mantras that honored Hindu deities.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: April 19, 2024, Case #: 123cv218, NOS: Other Civil Rights - Civil Rights, Categories: education, Class Action, First Amendment
J. Jackson grants in part the defendant school district's motion for sanctions and dismisses the parent's amended complaint with prejudice as to the school district. The current matter stems from the parent's alleged failure to "execute the necessary documents to effectuate the settlement agreement previously reached." Dismissal is warranted based on a failure to comply with the court's "rules and orders," since the school district had to continue litigating the case, and a lesser sanction would be inadequate.
Court: USDC Eastern District of Oklahoma, Judge: Jackson, Filed On: April 19, 2024, Case #: 6:22cv151, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: education, Sanctions, Settlements
J. Hurd partially denies Hamilton College’s motion for summary judgment and preserves a male college student’s Title IX and breach of contract claims alleging the college’s decision to expel him on charges of sexual assault was motivated by anti-male bias. The court finds a jury could conclude the college exhibited gender bias due to several irregularities in his hearing, as well as external pressures from the U.S. Department of Education to aggressively pursue complaints of sexual misconduct.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: April 18, 2024, Case #: 6:22cv214, NOS: Other Contract - Contract, Categories: education
J. Copperthite denies the board’s motion to dismiss this sex discrimination lawsuit brought by a male student who was accused of sexual misconduct by a female student. The male student claims he was falsely accused and is a victim of gender discrimination because the university forced him to undergo an allegedly bias-ridden investigation process before expelling him. His pleadings allow a plausible inference of discrimination and he properly alleges the board deprived him of his due process rights. The student seeks declaratory and injunctive relief to require the board to reverse the hearing’s outcome, restore his reputation, expunge and seal the disciplinary and dismissal records, destroy the female student’s complaint and return him to good standing, but the court does not rule on this yet.
Court: USDC Maryland, Judge: Copperthite, Filed On: April 18, 2024, Case #: 1:23cv3100, NOS: Education - Civil Rights, Categories: education, Due Process, Assault
J. McShane finds in favor of the nonprofit association against the student's complaint that the association wrongfully denied him a fifth-year hardship waiver to play football during his final year of high school, even though the student had several mental health disabilities including depression, post-traumatic stress disorder, oppositional defiance disorder and ADHD. The student did not have an individualized education plan and thus did not require the waiver, because the student had education success plans all throughout his high school education, and he does not present any evidence that the available academic support systems were insufficient in helping him graduate.
Court: USDC Oregon, Judge: McShane, Filed On: April 18, 2024, Case #: 6:22cv1228, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, education
J. Eifert grants the university's motion for a protective order relating to to the deposition of the university’s president in a student's civil rights suit claiming the university retaliated against her by charging her with violating the Student Code of Conduct for underage drinking after she reported being sexually assaulted by a fellow student at an off-campus watch party. Since she has not shown any "special, additional, or unique information" the president may have on how the university has implemented Title IX polices aside from what others in his administration provided, the court prohibits the student from taking his deposition.
Court: USDC Southern District of West Virginia, Judge: Eifert, Filed On: April 17, 2024, Case #: 3:22cv532, NOS: Education - Civil Rights, Categories: Civil Procedure, Civil Rights, education
J. Drell orders a school's executive director to turn over complete and unredacted records of any phone calls and text messages he exchanged with three subordinate employees, during two days of depositions for an English instructor’s Title VII sexual harassment and retaliation suit. The school destroyed evidence to conceal it from the litigant-teacher and, therefore, the teacher is granted an “adverse inference” as a sanction. A jury may infer that deleted texts would have shown the executive director instructed the three workers how they were to testify in their depositions and that the testimony in their own depositions reflects the instructions of their boss.
Court: USDC Western District of Louisiana , Judge: Drell, Filed On: April 17, 2024, Case #: 1:21cv4419, NOS: Employment - Civil Rights, Categories: education, Employment Discrimination, Employment Retaliation
J. Jackson-Akiwumi finds that the lower court properly found for the college, ruling it did not discriminate against the employee when it fired her after nearly 20 decades of employment. The employee fails to show a causal link between her filing of a petition with the Illinois Department of Human Rights and her termination, as the record supports the college's claim that it fired her after becoming increasingly dissatisfied with her performance. Affirmed.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: April 17, 2024, Case #: 22-2516, Categories: education, Employment Discrimination
J. Kahn preserves a high school student’s equal protection claim against his school’s varsity baseball coach, who allegedly denied him a spot on the team on the basis that he is biracial. The litigant, in an attempt to establish an inference of discrimination, proffered a selection of white players who were selected for the team despite lower athletic scores, but the court is unable to conclude whether those players are sufficiently comparable and leaves that question to a jury. The court dismisses the district’s superintendent and athletics director from the case, finding they were not personally involved in the decision not to select him for the team.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: April 17, 2024, Case #: 1:22cv756, NOS: Education - Civil Rights, Categories: Civil Rights, education, Equal Protection