19 results for 'cat:"Education" AND cat:"Equal Protection"'.
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
J. Grasz finds a lower court properly dismissed four high school students' equal protection and due process claims against a school district. The high school students argued that they were wrongfully expelled from school for participating in a "joke" by joining a student's online petition calling for the return of slavery. The school's disciplinary action was rationally connected to its purpose of maintaining order and was not racially motivated. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: April 2, 2024, Case #: 23-1119, Categories: education, Due Process, equal Protection
J. Hall dismisses a complaint against New York’s education department challenging its decision to revoke an impartial hearing officer’s certification after finding she had committed plagiarism and improperly advocated on behalf of a party in one of her cases. Her due process claim fails because she did not file a petition in state court appealing the decision as required, and her equal protection claim fails because she does not specify any comparators which would suggest she was singled out on the basis of her race.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: March 26, 2024, Case #: 1:23cv2361, NOS: Other Civil Rights - Civil Rights, Categories: education, Due Process, equal Protection
J. Laing grants a university's motion to dismiss a former BBC journalist's Equality Act claims. The journalist and professor argued that the university failed to accommodate his deficit hyperactivity disorder and his request to be promoted to a higher lectureship. However, the university sufficiently showed in court that a creation of a new teaching role on his behalf would have a broad impact on the university's academic structure. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Laing, Filed On: March 4, 2024, Case #: CA-2023-1139, Categories: education, Employment, equal Protection
J. Quattlebaum upholds the dismissal of two parents’ claims challenging the constitutionality of their county school board’s election process for choosing a high school student-member of the board. It does not violate the free exercise of religion because the county does not allow any sort of private school, religious or nonreligious, to participate in selecting the student member. It does not violate the equal protection clause because the process does not need to conform to the principle of “one person, one vote,” as prospective student members do not participate in a popular election but instead are appointed for what is essentially a civics laboratory. Affirmed.
Court: 4th Circuit, Judge: Quattlebaum, Filed On: February 28, 2024, Case #: 22-2294, Categories: education, Elections, equal Protection
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J. Rubin grants Towson University’s motion to dismiss this disability discrimination suit brought by a student. The student brought claims under the Rehabilitation Act, the equal protection clause and the Family Educational Rights and Privacy Act, but he failed the burden to allege a plausible claim for discrimination or retaliation.
Court: USDC Maryland, Judge: Rubin, Filed On: February 5, 2024, Case #: 1:22cv2998, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, education, equal Protection
J. Bennett denies a student group’s motion for preliminary injunction in this lawsuit to enjoin the Naval Academy and its individual officials from using race as a consideration for admissions. The group alleges that considering race as a factor is a violation of equal protection when admissions is rejected. The evidence presented by the group does not show that the academy discriminated against prospective students due to race.
Court: USDC Maryland, Judge: Bennett, Filed On: December 20, 2023, Case #: 1:23cv2699, NOS: Education - Civil Rights, Categories: education, equal Protection, Injunction
J. Gibbons finds the trial court improperly found for a high school on a student victim's deliberate indifference claim. The reporting of more than 1,000 instances of sexual misconduct at the school prior to the assault put the school on notice of a pervasive sexual harassment problem and allows her to bring the claim for the school's conduct before her assault. Furthermore, the lower court properly found for the victim on her Title IX claims related to the school's failure to discipline any of those involved or ensure the victim had access to education, as the administrators were aware of the numerous threats against the victim and her family following the release of a video of her sexual assault, which prevented her from attending school and resulted in lasting psychological harm. Affirmed.
Court: 6th Circuit, Judge: Gibbons, Filed On: November 15, 2023, Case #: 22-5125, Categories: Civil Rights, education, equal Protection
J. Stranch finds the lower court properly granted the state's motion for summary judgment on equal protection claims brought by the religious school supporters. Although they have standing to challenge the Michigan law that prohibits government funding for private schools, the law is neutral on its face and does not discriminate on the basis of religion. The law prevents the supporters from lobbying their representatives for tuition aid or other benefits, which constitutes a concrete harm, but because its language includes all private schools - not just those affiliated with a religion - it is facially neutral. Affirmed.
Court: 6th Circuit, Judge: Stranch, Filed On: November 6, 2023, Case #: 22-1986, Categories: education, Government, equal Protection
J. Kornmann dismisses two individuals from a sex discrimination and education claim because the students abandoned their equal protection claim and Title IX claims can not be brought against individual officials. The court also denies a temporary restraining order as moot. The matter stems from a preliminary injunction to enjoin the Sioux Falls School District 49-5 from eliminating the District's gymnastics program on the basis that
eliminating the gymnastics program violates Title IX and the students' Fourteenth Amendment Equal Protection rights.
Court: USDC South Dakota, Judge: Kornmann, Filed On: October 13, 2023, Case #: 4:23cv4139, NOS: Other Civil Rights - Civil Rights, Categories: education, equal Protection, Restraining Order
J. Hicks grants the community college administrators' motion to dismiss this civil rights complaint brought by a professor alleging that the administrators sought to discipline, retaliate and punish him after he voiced concerns about the lowering of curriculum standards and the deterioration of shared governance. The administrators are shielded by qualified immunity because the professor has failed to allege a constitutional violation of the Equal Protection Clause.
Court: USDC Nevada, Judge: Hicks , Filed On: September 27, 2023, Case #: 3:22cv45, NOS: Other Civil Rights - Civil Rights, Categories: education, Immunity, equal Protection
J. Komitee dismisses a self-represented technology director’s equal protection and due process complaint in which he alleges his employer, a private charter school, fired him after he refused to comply with its Covid-19 vaccine mandate. The court finds the private charter, as a state agent, was within its rights to institute a policy with the goal of effectively combating the spread of Covid-19.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: September 27, 2023, Case #: 1:22cv1587, NOS: Other Civil Rights - Civil Rights, Categories: education, equal Protection, Covid-19
J. Azrack rules the Port Jefferson Union Free School District did not violate a 10th-grade student's free speech and equal protection rights when it refused to publish a poem she submitted to her high school's literary magazine. The poem, "Derek Chauvin's Ode to George Floyd: A Dark Sonnet." related her experience to the country's racial tensions following the death of George Floyd in the summer of 2020, which the school worried was too controversial and would "create adverse emotional reactions and strife" among the student body and faculty. The school's decision is legally permitted as it constitutes a "legitimate pedagogical concern" under federal law.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: September 18, 2023, Case #: 2:19cv1741, NOS: Other Personal Injury - Torts - Personal Injury, Categories: education, equal Protection, First Amendment
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