124 results for 'nos:"Education - Civil Rights"'.
J. Haight grants the class's motion for more than $139,000 in attorney fees, ruling its status as the prevailing party entitles it to fees under the Individuals with Disabilities Education Act, while the hourly rates and work hours submitted by the attorneys are reasonable, given their experience and the complexity of the litigation.
Court: USDC Connecticut, Judge: Haight, Filed On: August 24, 2023, Case #: 3:16cv1197, NOS: Education - Civil Rights, Categories: Education, Attorney Fees, Class Action
J. Hillman rules against an autistic student and parents in claims contending the school board failed to perform proper auditory processing evaluations and failed to provide an adequate education. Summary judgment is premature because adequate discovery has not yet occurred, and the administrative law judge found that the student had undergone numerous evaluations since being found eligible for special services.
Court: USDC New Jersey, Judge: Hillman , Filed On: August 24, 2023, Case #: 1:20cv9498, NOS: Education - Civil Rights, Categories: Education, Discovery
J. Richardson grants summary judgment to the board of education in this lawsuit alleging that an elementary school student's constitutional rights were violated when two school employees dragged him down the hallway to the school's "calming room," after he refused to get out of a chair and go to class. The student cannot establish municipal liability under a failure-to-train theory. The record shows that the employees underwent training for crisis prevention intervention, and any inadequacy in the training "did not cause plaintiff's injury."
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: August 22, 2023, Case #: 3:20cv945, NOS: Education - Civil Rights, Categories: Civil Rights, Education
J. Kobayashi partially grants summary judgment to the Hawaii State Department of Health employees in this lawsuit alleging violations of the Individuals with Disabilities Education Act and the Rehabilitation Act, as well as medical malpractice, stemming from an alleged change in the son's educational placement. As to the parents' claim under IDEA, they failed to exhaust their administrative remedies, and in any event, the Department of Education is responsible for a "free appropriate public education." The court also declines to exercise jurisdiction over their medical malpractice claim.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: August 21, 2023, Case #: 1:21cv455, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Jurisdiction
J. Russell grants the defendant entities' dismissal motions in this lawsuit brought by high school students alleging that they were subjected to "sexual assault and pervasive sexual harassment." They assert claims for breach of contract and violations of Title IX. However, the claims against the board of trustees are duplicative of those against the school. The students also fail to state plausible claims against the Roman Catholic Archdiocese of Oklahoma City or the Sisters of Mercy of the Americas South Central Community. The student plaintiffs are allowed to seek leave to amend in accordance with the rules of civil procedure.
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: August 21, 2023, Case #: 5:22cv992, NOS: Education - Civil Rights, Categories: Civil Procedure, Civil Rights, Education
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J. Pappert finds an administrative hearing officer properly determined that a school district offered appropriate education options to a disabled student, though the parents did not agree. As a result of the parents finding the district’s proposed plan unacceptable, they enrolled the student in a private school and seek tuition reimbursement. The administrative hearing officer deemed the plan appropriate and denied reimbursement; the instant court agrees. Affirmed.
Court: USDC Eastern District of Pennsylvania, Judge: Pappert, Filed On: August 18, 2023, Case #: 2:22cv4080, NOS: Education - Civil Rights, Categories: Ada / Rehabilitation Act, Education, Due Process
J. Lange grants parents leave to file their second complaint against school employees and the Rapid City Area School District for claims that their child was abused, includeing leaving the child in soiled pull-ups, forcing the child to eat "unsafe" sensory foods, and disciplining through spanking and seclusion.
Court: USDC South Dakota, Judge: Lange, Filed On: August 18, 2023, Case #: 5:22cv5015, NOS: Education - Civil Rights, Categories: Education
J. Vyskocil finds in favor of New York University against the student's claim that the university expelled him based on a flawed investigation of sexual harassment claims made by another student. The student's argument that the university was biased in favor of the other student due to her gender is not sufficient. He claims that he was told that any complaint he made would only be considered once the other student's complaint was resolved, which only further supports the argument that the university based its decision on who made the complaint first, not the gender of the complainant.
Court: USDC Southern District of New York, Judge: Vyskocil, Filed On: August 17, 2023, Case #: 1:20cv1343, NOS: Education - Civil Rights, Categories: Civil Rights, Education
J. Rodriguez partially grants a motion to exclude filed by a public school district after it was sued by a former student who alleged she was sexually abused by two male teachers and that the school district ignored her outcries. One expert specializes in school responses to Title IX complaints, and while the school district argues this case does not require this “scientific, technical, or specialized knowledge,” such objections “are best saved for a motion in limine or trial.” The other expert specializes in education administration, and while he may offer relevant testimony in this area, he cannot testify on a specific incident of alleged abuse.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: August 16, 2023, Case #: 5:21cv369, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Experts
J. Brann permits a Penn State athlete to pursue certain gender discrimination claims against the university and her fencing coach because, even though she sufficiently stated claims against the school and her coach, she failed to prove the coach acted in his professional capacity when he tormented her about her weight and belittled her due to her gender.
Court: USDC Middle District of Pennsylvania, Judge: Brann, Filed On: August 11, 2023, Case #: 4:22cv529, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Equal Protection
J. Rice denies the university summary judgment regarding the student's assault and battery claims, which arises from her lawsuit alleging that her boyfriend raped her in her dorm room at the university. It is currently unclear if this claim is time-barred as there is a dispute on whether the Woodinville address of the boyfriend's father, where notice was served, qualified as the boyfriend's address, and thus if that caused an unreasonable delay for litigation.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: August 8, 2023, Case #: 2:22cv69, NOS: Education - Civil Rights, Categories: Civil Procedure, Education, Assault
J. Land finds in favor of the private Christian school in a race and disability discrimination action brought by a mother on behalf of her son arising after he was dismissed from the school. The son, who is Black and has been diagnosed with autism and ADHD, was considered withdrawn from the school after the headmaster refused to agree to a therapy plan to return the son to in-person classes. The mother failed to show that the son was qualified to return to the school even with the requested accommodations. The mother failed to show that white students were treated less harshly than the son or that their misconduct was materially similar to the son's. The school's reasons for dismissing the son based on his continued behavioral problems and history of property destruction were not pretextual.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: August 7, 2023, Case #: 4:21cv205, NOS: Education - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Education
J. Beeler largely grants the university's motion to dismiss claims brought by its former baseball players alleging that baseball coaches created a sexualized and abusive environment in their program which the university took no action to curb. Breach-of-contract claims brought by students who left the university before 2018 are time-barred, but their Title IX and state education code claims are not. Tort claims, however, are time-barred. Title IX retaliation claims survive, and contract claims by newer players are dismissed with leave to amend. Claims making allegations against the Archdiocese of San Francisco also survive, though it is "highly doubtful" that the allegations would be admissible at trial. Finally, a claim for injunctive relief is moot and so is dismissed.
Court: USDC Northern District of California, Judge: Beeler, Filed On: August 4, 2023, Case #: 3:22cv1559, NOS: Education - Civil Rights, Categories: Education, Class Action
J. Dugan finds a former high school student may pursue sex discrimination claims against a school district. The former high school student, a varsity volleyball player, sufficiently presented evidence in court that the coach forced the athletes to engage in "demoralizing and degrading activities," including being subjected to "spanking machines," and then "scolded" them for reporting the abuse.
Court: USDC Southern District of Illinois, Judge: Dugan, Filed On: July 31, 2023, Case #: 3:22cv1962, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Emotional Distress
J. Chambers grants the pre-med student’s motion for leave to file an amended and supplemental complaint for civil rights violations for the Title IX coordinator’s faulty investigation into allegations of sexual misconduct against him, but precludes him from asserting a violation of due process claim since the university decided to scrap the coordinator’s investigation, terminated her employment and selected a new investigator to perform a completely new investigation and issue a final report.
Court: USDC Southern District of New York, Judge: Chambers, Filed On: July 19, 2023, Case #: 3:22cv346, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Due Process
J. Trauger denies the parents' request for a temporary restraining order and preliminary injunction in this suit brought under the Individuals with Disabilities Education Act. They seek to return their child, a middle-school student, to "the regular education classroom with his peers." However, forcing the student to "immediately integrate" into a general education classroom would not be preserving the status quo.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: July 12, 2023, Case #: 3:23cv516, NOS: Education - Civil Rights, Categories: Civil Procedure, Education
J. Tostrud grants summary judgment to the college, dismissing the former student's complaint and partially granting the college's motion to exclude expert testimony. Were the case tried, the student's psychological expert's testimony regarding the student's mental health would be admissible, but another psychologist's opinions regarding administrators' handling of the Title IX complaint process would not, nor would the first psychologist's opinions that the college was "grossly insensitive" to the student's bipolar disorder and autism throughout the process and related conclusions. In light of these exclusions, there remains no trial-worthy evidentiary support for the student's sex and disability discrimination claims.
Court: USDC Minnesota, Judge: Tostrud, Filed On: July 5, 2023, Case #: 0:21cv1576, NOS: Education - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Education
J. Kahn dismisses an independent agricultural educator's Title IX erroneous outcome claim alleging the school district imposed improper disciplinary action on the basis of his gender after it wrongly concluded he had sexually harassed a female student during a lesson. While he has standing to bring claims under Title IX even though he is an independent contractor and has shown that the school district found no evidence or witness testimony to corroborate the alleged victim's accusations, he fails to allege gender was a motivating factor for the school's actions.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: June 30, 2023, Case #: 1:22cv1109, NOS: Education - Civil Rights, Categories: Education
J. Novak partially denies the university's motion to dismiss because the alumni, who sued for discrimination after a librarian called him out for saying racial remarks to an employee, properly asserted a state law cause of action. The alumni's claim that the university violated the internal reporting requirements takes issue with the conduct of state employees carrying out their duties with a public university.
Court: USDC Eastern District of Virginia, Judge: Novak, Filed On: June 21, 2023, Case #: 3:23cv328, NOS: Education - Civil Rights, Categories: Education, Emotional Distress
J. McAvoy rules on Syracuse University’s motion to dismiss a former student’s five-count Title IX gender discrimination lawsuit alleging the university discriminated against him on the basis of his gender when it found him guilty of sexually assaulting a female student and expelled him. The court dismisses his breach of contract and selective enforcement claims under Title IX and state law, while it preserves his Title IX gender-based erroneous outcome and state law breach of conduct claims, finding that he provided sufficient allegations that show the university acted with discriminatory intent when it sided with the female accuser over the male accused in an effort to refute public criticisms of how it handled claims of sexual abuse on its campus.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: June 21, 2023, Case #: 5:22cv644, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Contract
J. Polster denies, in part, the college's motion for judgment on the pleadings, ruling the male student's Title IX selective enforcement claim may proceed. The complaint includes allegations his accuser was not investigated after she made claims of sexual assault, even though both parties were intoxicated at the time of the incident.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: June 16, 2023, Case #: 1:20cv669, NOS: Education - Civil Rights, Categories: Civil Rights, Education
J. Peterson finds for the police officer in a lawsuit from a middle school art teacher who was fired from her job after the officer recommended she be prosecuted for first-degree sexual assault of a child based on a student's allegation that the teacher touched her buttocks inappropriately during class, which the teacher and other students claim was fabricated because she took away the student's cell phone. The teacher's federal due process and malicious prosecution claims fail, as there were no violations of her property or liberty interests because the officer did not have any control over her getting fired from her job and, in part because the prosecution his investigation led to was ultimately dropped, he did not contribute to altering her legal status, even if her reputation was harmed. The teacher's state-law malicious prosecution claim is also dismissed, as she did not file a notice of claim complying with statutes.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: June 9, 2023, Case #: 3:22cv47, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Due Process
J. Aspen partially grants a music college’s motion for summary judgment on a former student’s Title IX claims against it, likewise partially grants the student’s motion to exclude the college’s expert testimony, and fully denies the college’s motion to bar the former student’s own expert witness. The former student claims the college’s staff was intentionally indifferent to several incidents of sexual assault and harassment she reported, and in fact retaliated against her for raising the issue. The court allows her deliberate indifference claims to proceed but finds she has not sufficiently alleged her retaliation claim. The former student’s expert witness may also offer testimony in full, while a portion of the college’s own expert report cannot be broached at trial.
Court: USDC Northern District of Illinois, Judge: Aspen, Filed On: June 5, 2023, Case #: 1:19cv5683, NOS: Education - Civil Rights, Categories: Education, Emotional Distress, Experts