49 results for 'cat:"Constitution" AND cat:"Education"'.
J. Martinez denies the school district's motion to dismiss a First Amendment claim in the former student's complaint alleging that the school district's assistant principal and vice principal coerced the former student into signing a "safety plan" that prevented him from speaking about sexual hazing by a journalism teacher. The former student sufficiently alleges that he participated in constitutionally protected speech, but it is up to a jury to ultimately decide if the former student's intended speech was constitutionally protected or if it falls under an exception, "such as representing a risk of substantial disruption to the school environment or others."
Court: USDC Western District of Washington, Judge: Martinez, Filed On: March 26, 2024, Case #: 2:22cv1140, NOS: Other Civil Rights - Civil Rights, Categories: constitution, education, First Amendment
J. Robertson grants a town and several of its school officials’ motion for summary judgment regarding some of the claims brought against them by parents of an autistic student, who was injured and sustained concussions in incidents where he engaged in self-injuring behaviors and then was restrained. It is not established that the concussions were caused by school officials’ use of excessive force while restraining him, rather than caused by his self-injuring behavior or in the process of resisting restraints.
Court: USDC Massachusetts, Judge: Robertson, Filed On: March 22, 2024, Case #: 3:20cv30187, NOS: Other Civil Rights - Civil Rights, Categories: constitution, education, Negligence
J. Du grants the school district's motion to dismiss a guardian and minor's constitutional and state law negligence claims regarding alleged hazing, harassment, sexual assault and discrimination by players on a high school baseball team. The parties have not adequately alleged a policy that amounts to deliberate indifference to the minor’s constitutional rights and was the moving force behind any purported violations.
Court: USDC Nevada, Judge: Du , Filed On: February 15, 2024, Case #: 3:23cv229, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, constitution, education
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J. Boomgaarden finds that the lower court properly tossed a petition with the Albany County School District asking the district to form a rural school for children who live in a remote area of Wyoming. The parents of the children living in the rural area claim that their request is supported by the Wyoming Constitution and their fundamental right to an education, but there is nothing in the language of the law that requires a district to consider or approve the construction of a brand new school. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: January 26, 2024, Case #: S-23-0148, Categories: constitution, education
J. Willett finds the district court properly granted the book vendor's request for a preliminary injunction against the commissioner of the Texas Education Agency. The vendors sued for injunctive relief that Texas' READER Act, which requires schoolbook vendors to issue ratings for all library materials they have ever sold (or will sell), flagging materials deemed sexually explicit, violates the constitution. Because the vendors are likely to succeed on the merits of their first amendment claim, the state and the public will not be injured by the injunction. Affirmed in part.
Court: 5th Circuit, Judge: Willett , Filed On: January 17, 2024, Case #: 23-50668, Categories: constitution, education, Agency
J. Gorton. grants summary judgment in favor of a university being sued by some of its students for not reimbursing them for the remote learning experience it offered during the Covid-19 pandemic, which was allegedly of lower quality than its typical in-person educational experience. The retroactive application of a statute protecting the university from liability for damages of equitable monetary relief, as long as the damages are not caused by an act or admission in bad faith, does not violate the students’ constitutional rights.
Court: USDC Massachusetts, Judge: Gorton, Filed On: January 11, 2024, Case #: 1:20cv11021, NOS: Other Contract - Contract, Categories: constitution, education, Covid-19
J. Richardson denies the parental rights organization's request for a preliminary injunction in this free speech lawsuit against a county board of education and its members. The organization and its officers seek to enjoin the school board's enforcement of an "address-disclosure requirement and the abusive-comment prohibition" at school board meetings, along with a requirement that speakers prove their comments are "in the public interest." The court finds the "public interest" requirement to be reasonable given the purpose of the forum. The plaintiffs also fail to show "imminent and irreparable harm" in connection with the other restrictions, which "defendants have removed from their policies."
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: January 10, 2024, Case #: 3:23cv211, NOS: Other Civil Rights - Civil Rights, Categories: constitution, education
J. Halpern denies the student group's motion for a preliminary injunction to bar West Point from considering race during the military academy's admissions process. West Point's list of compelling governmental interests for promoting diversity in its officer corps is entitled to greater deference than the interests of public and private universities in Students for Fair Admissions v. Harvard, where the Supreme Court struck down Harvard's affirmative action policies. A full factual records is vital to answer whether the use of race in West Point's admissions process furthers compelling national security interests and whether it is narrowly tailored to achieve that interest.
Court: USDC Southern District of New York, Judge: Halpern, Filed On: January 3, 2024, Case #: 7:23cv8262, NOS: Education - Civil Rights, Categories: constitution, education, Military
J. Willett finds the district court properly denied the charter school's motion to discontinue the use of race as an admissions parameter. The consent order at issue requires the school to implement a race-based enrollment process consistent with an ongoing desegregation plan in the Louisiana parish. The school has not rebutted the court’s conclusions and has forfeited its constitutional argument. Affirmed.
Court: 5th Circuit, Judge: Willett , Filed On: December 13, 2023, Case #: 23-30063, Categories: constitution, education, Due Process
J. Bolden grants the state government officials' motion to dismiss, ruling the vaccination requirement for all preschool and kindergarten children is facially neutral and does not violate the religious school's First Amendment or Free Exercise rights, while the state's interest in preventing the spread of disease and ensuring the health of all students is compelling.
Court: USDC Connecticut, Judge: Bolden, Filed On: December 1, 2023, Case #: 3:23cv304, NOS: Constitutionality of State Statutes - Other Suits, Categories: constitution, education, First Amendment
J. Stras finds a lower court improperly ruled in favor of a vegan lifestyle promoter on civil rights claims against a university. The vegan enthusiast argued that the university violated his First Amendment rights by forcing him to obtain permission from a school administrator to pass out pamphlets on veganism. However, the university officials presented sufficient evidence in court that its advance notice policy requirement for non- university publications does not constitute a prior restraint. Reversed.
Court: 8th Circuit, Judge: Stras, Filed On: November 21, 2023, Case #: 22-1826, Categories: Civil Rights, constitution, education
J. Pappert dismisses a father’s complaint that the Philadelphia School District violated his constitutional rights by failing to share with him a suspected child abuse report prepared by a school counselor about his son. The father, acting pro se, failed to state a claim for relief.
Court: USDC Eastern District of Pennsylvania, Judge: Pappert, Filed On: November 17, 2023, Case #: 2:23cv1344, NOS: Other Civil Rights - Civil Rights, Categories: constitution, education, Jurisdiction
J. Altman grants the governor dismissal of claims challenging state statute which prevents transgender girls from participating in girls' sports teams because plaintiff, a transgender girl, failed to demonstrate discriminatory intent. However, plaintiff may amend the complaint.
Court: USDC Southern District of Florida, Judge: Altman, Filed On: November 6, 2023, Case #: 0:21cv61344, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, constitution, education
J. McNulty finds for the school district in claims contending a seventh grade student had been taught about Islam with videos and worksheets that favored Islam over Christianity or Judaism. The teachings did not violate the anti-establishment clause since the student testified he had not felt coerced by the curriculum or materials, and since Islam had been taught as a world fact, not a revealed truth.
Court: USDC New Jersey, Judge: McNulty , Filed On: October 16, 2023, Case #: 2:18cv966, NOS: Other Civil Rights - Civil Rights, Categories: constitution, education
J. Karem finds that the general assembly improperly passed omnibus education bill KRS 160.370(2) to give superintendents greater autonomy and power over local boards of education because the contested provisions are local or constitute special legislation prohibited under sections 59 and 60 of the state constitution. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Karem, Filed On: October 6, 2023, Case #: 2022-CA-0964-MR, Categories: constitution, education
J. Williams grants a school district partial dismissal of claims brought after plaintiff was prohibited from appearing upon district premises due to his frequent protests of Covid-19 policies during school board meetings because plaintiff exhibited threatening behavior by attempting to force a vote on the masking policy and stating, "If you don’t, we’re comin'," before chanting "take a vote" with other attendees.
Court: USDC Northern District of Iowa, Judge: Williams, Filed On: September 21, 2023, Case #: 1:23cv33, NOS: Other Civil Rights - Civil Rights, Categories: constitution, education, Property
J. Oldham finds the district court properly denied the University of North Texas Board of Regents members' motion to dismiss this First Amendment retaliation suit brought by the music theory professor who published an article defending another theorist against charges of racism by a Black professor. The Board members argue that the professor must specifically allege that each was personally involved with the publication/panel investigation. Though, allegations under Article III must only include that First Amendment injuries are “fairly traceable” to the Board. Affirmed.
Court: 5th Circuit, Judge: Oldham , Filed On: September 15, 2023, Case #: 22-40059, Categories: constitution, education
J. Benitez grants the two teachers' request for a preliminary injunction barring the school district from enforcing its policy prohibiting teachers from disclosing to a parent the fact that their student identifies as a new gender or wants to be addressed by a new name or pronoun without first obtaining the student's consent. The district defendants have not established that they will be harmed if an injunction preserving the status quo ante stands. Furthermore, the teachers are likely to succeed on the merits of their claims because the reasons proffered by the district for the policy "pass neither the strict scrutiny nor the rational basis test."
Court: USDC Southern District of California, Judge: Benitez, Filed On: September 14, 2023, Case #: 3:23cv768, NOS: Other Civil Rights - Civil Rights, Categories: constitution, education, Lgbtq
J. Golemon finds the trial court properly dismissed with prejudice the mother's suit against the school district alleging that it violated district policy by issuing her daughter's diploma without a magna cum laude distinction. The mother argues that the district violated her daughter's due process rights but fails to allege a due process claim. The daughter also has no constitutional right to the academic distinction. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: September 14, 2023, Case #: 09-21-00102-CV, Categories: constitution, education, Due Process
J. Sulek holds the lower court properly found for a university on employees' claims regarding its mandatory Covid-19 vaccination and masking policies. The claims were mooted when the university ceased enforcement of the policies, especially since the employees sought no damages and instead, only injunctive relief. Affirmed.
Court: Ohio Court Of Appeals, Judge: Sulek, Filed On: September 11, 2023, Case #: 2023-Ohio-3189, Categories: constitution, education, Covid-19
J. Lynch finds that the district court properly found for university hiring personnel in first amendment retaliation claims contending an adjunct professor had been passed over for promotion for embracing Keynesian economics because precedent holds that a public university's interest in prioritizing skills and academic perspectives outweighs an individual's academic free speech. Affirmed.
Court: 2nd Circuit, Judge: Lynch, Filed On: August 30, 2023, Case #: 22-1135-cv, Categories: constitution, education, Employment
J. Willett finds the district court properly granted summary judgment to the school district and a resource officer who tased a special-needs student, who physically fought with school staff while attempting to leave school following a violent episode. Though, based on recent Supreme Court precedent, the court incorrectly subjected the disability discrimination claims to administrative exhaustion, the student’s mother has not shown that the officer intentionally discriminated based on the student’s disability. Affirmed.
Court: 5th Circuit, Judge: Willett, Filed On: August 28, 2023, Case #: 21-20671, Categories: Civil Rights, constitution, education
J. Boardman denies three families their motion for an injunction that would require a county's school board to give them a choice to opt their children out of classroom instruction involving reading any books about family life and human sexuality. Specifically, the families--who are religious--claim that by reading stories about lesbian, gay, bisexual, transgender or queer characters aloud, teachers and the board are violating their children's constitutional rights to free exercise and their own rights to due process. However, the parents are incorrect because the no-opt-out policy regarding the books does not infringe upon their children's freedom to exercise their religion. Also, the parents' claim regarding due process will likely not succeed on the merits as there is no constitutional support for parents replacing state education because they disagree with curriculum.
Court: USDC Maryland, Judge: Boardman, Filed On: August 24, 2023, Case #: 8:23cv1380, NOS: Other Civil Rights - Civil Rights, Categories: constitution, education, Lgbtq
J. Stewart finds the district court improperly denied qualified immunity for the Louisiana State University professor after the student and undergrad teacher alleged violations of due process by the staff’s conspiring to prevent his enrollment in the theatre program. The student received a failing grade on a written assignment wherein he criticized and allegedly threatened staff and students who disagreed with his conservative opinions on sexuality. Because of this, other professors refused to accept him into their classes. The professors lacked adequate notice that their conduct was violative of the student’s constitutional rights. Without this notice they are entitled to qualified immunity Reversed and dismissed.
Court: 5th Circuit, Judge: Stewart, Filed On: August 21, 2023, Case #: 22-30588, Categories: constitution, education, Due Process
J. Robinson finds the lower court properly granted the state's motion for summary judgment and declared the special act unconstitutional because the legislation extended the filing period for claims against the state for unsanitary conditions in schools to a single claimant and, therefore, it did not serve a public purpose. Affirmed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: August 21, 2023, Case #: SC20723, Categories: constitution, education, Government