9 results for 'cat:"Civil Rights" AND cat:"Education" AND cat:"Negligence"'.
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. Johnson grants the school administrators' dismissal motion and partially grants the school district's dismissal motion in this lawsuit regarding a student who was allegedly bullied by other students. The court dismisses the official capacity claims against the administrators with prejudice. Additionally, the adoptive mother, who is suing on behalf of the student, concedes that the board of education should be dismissed.
Court: USDC Northern District of Oklahoma , Judge: Johnson, Filed On: January 2, 2024, Case #: 4:19cv637, NOS: Education - Civil Rights, Categories: civil Rights, education, negligence
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J. Bloom partially grants a school board’s motion to dismiss a complaint by a student and her mother after the student was sexually assaulted by another student outside of school. The family sued both the school district and the school board, but these are not political subdivisions “separate and apart” from one another, so the board is dismissed. A motion to dismiss a claim of discrimination is denied because the student sufficiently claimed she was subjected to a hostile environment that the district was aware of.
Court: USDC Middle District of Pennsylvania, Judge: Bloom, Filed On: December 11, 2023, Case #: 3:23cv1118, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Rights, education, negligence
J. Stewart finds that a student athlete sufficiently pleaded sexual harassment by her coach with details of pervasive bullying of young women on a soccer team to survive demurrer. But she failed to state a negligence claim against the coach since she did not show that a special relationship had created a duty for the coach to keep her on the team. Her fiduciary duty claim did not adequately allege that a special relationship of trust was established between her and the coach. Also, her fraud claim is barred by governmental immunity. Reversed in part.
Court: California Courts Of Appeal, Judge: Stewart, Filed On: November 29, 2023, Case #: A164550, Categories: civil Rights, education, negligence
Per curiam, the circuit finds that the district court improperly dismissed claims contending a female lacrosse player suffered retaliation for reporting abuse by a male player, including stalking and assault, because she plausibly alleged coaches made subtle threats about her future as a player in connection with her complaint. However, the court properly dismissed Title IX deliberate indifference and hostile environment claims brought against the school since the record showed immediate action had been taken on the complaint.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 8, 2023, Case #: 22-2674, Categories: civil Rights, education, negligence
J. Colville allows a high school wrestler to continue negligence claims arising from a hazing incident in which he had been bound by teammates, beaten, and anally penetrated with a wooden stick because the wrestler sufficiently pleaded wrestling coaches were aware of and encouraged hazing activities.
Court: USDC Western District of Pennsylvania, Judge: Colville, Filed On: August 25, 2023, Case #: 2:21cv1088, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, negligence