7 results for 'cat:"Civil Rights" AND cat:"Immunity" AND cat:"Negligence"'.
J. Brown finds that a school district, a principal and a teacher are not liable for the actions of an older student who touched younger female students inappropriately in the context of a student tutoring program. The district’s training of the teacher and principal is adequate and did not lead to the violations of the female students’ rights. The teacher and the principal are entitled to qualified immunity in that a reasonable person would not suspect that a mentoring program would lead to constitutional violations. Although the offending student violated the constitutional rights of the female students, he is not a state actor because mentorship is not considered a governmental function under Texas law, and the plaintiffs have not provided an authority that would support such a conclusion. The motions of the district, principal and teacher to dismiss are granted.
Court: USDC Northern District of Texas , Judge: Brown, Filed On: April 26, 2024, Case #: 3:23cv1243, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Rights, immunity, negligence
J. Kelly finds a lower court properly dismissed a mother's civil rights and deliberate indifference claims against a police department and a county detention center. The mother argued that corrections employees failed to prevent her son from hanging himself inside of a jail cell, which resulted in his death. However, the corrections center employees are protected by qualified immunity. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: March 29, 2024, Case #: 21-2459, Categories: civil Rights, immunity, negligence
J. Baylson grants in part a borough’s motion for summary judgment in this negligence case surrounding police officers’ high-speed pursuit of a citizen who, while fleeing police, struck another vehicle, killing one passenger on impact and causing another to suffer a serious brain injury. The police officers are entitled to summary judgment because they did not intend to harm the passengers while pursuing the fleeing suspect.
Court: USDC Eastern District of Pennsylvania, Judge: Baylson, Filed On: February 2, 2024, Case #: 2:22cv1695, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immunity, negligence
J. Wilson finds that a student proved a school district had been aware of red flags concerning his teacher's behavior around young male schoolchildren but acted with indifference to his safety by allowing the teacher to pull the second grader out of class and bring him to his own middle school classroom, setting the stage for the child to being groomed for sexual assault and, subsequently, to be adopted by the teacher, who also worked for child and youth services. But the the school district is immune from negligence claims because the student failed to allege sexual assaults took place on school property.
Court: USDC Middle District of Pennsylvania, Judge: Wilson, Filed On: December 1, 2023, Case #: 1:22cv2029, NOS: Education - Civil Rights, Categories: civil Rights, immunity, negligence
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Rothstein dismisses the state's immunity defense for the parents' claim that the state followed a New York court order and wrongfully separated the parents from their five minor children and that the children faced severe neglect and harm while under the state's care. The parents provide colorable allegations that the state's investigation was incomplete or biased, as several social workers testified positively about the parents, "yet the state chose to premise its case almost entirely on the testimony" of one social services specialist.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: May 23, 2023, Case #: 2:21cv1263, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, immunity, negligence