220 results for 'cat:"Civil Rights" AND cat:"Education"'.
J. Kleeh grants in part the university's and several professors' motions to dismiss a fellow Department of Public Administration professor's religious and national origin discrimination suit. In addition to 42 U.S.C.§ 1981 not affording protection against discrimination based on national origin or religion, the court grants the professors' motion in both their individual and official capacities in counts five and six of the complaint. On the similar claims in counts one and two under Title VII of the 1964 Civil Rights Act, the court grants the university's motion to strike references to the professor's 2017 denial of tenure and allegations predating Nov. 20, 2020, but denies it to strike his allegation the Department Faculty Evaluation Committee denied his promotion to full professor in 2023.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: March 26, 2024, Case #: 1:22cv153, NOS: Employment - Civil Rights, Categories: civil Rights, education, Employment Discrimination
[Consolidated.] J. Flanagan grants a former student his motion to certify this case for appeal after the court dismissed North Carolina State University from the student’s suit accusing the school and a sports medicine doctor of sexual abuse. According to federal civil rights law, an allegation of sexual grooming behavior on its own does not establish notice to the university of sexual harassment. However, because in this case a jury could reasonably judge that the university should have taken responsibility for the doctor’s behavior, of which it was aware, this is enough to certify the case for appeal.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 25, 2024, Case #: 5:22cv344, NOS: Education - Civil Rights, Categories: civil Rights, education, Tort
J. Lindsay enters judgment in favor of a Long Island public school district’s dean of students on a high schooler’s unlawful search and seizure claim and dismisses the complaint in its entirety. The court rules the dean had sufficient cause to perform a search on the student’s person on suspicion that he was in possession of THC vaping products and that the search was reasonable, unpersuaded by the student’s description that it was more of an invasive strip search. His other claims were considered abandoned.
Court: USDC Eastern District of New York, Judge: Lindsay, Filed On: March 22, 2024, Case #: 2:21cv63, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education
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J. Kobes finds a lower court properly dismissed a school district's denial of a child's parents' request for instruction outside of regular hours. The school district argued that it was not obligated to provide the child, who suffers from epilepsy and seizures, with evening instructions after it had already established an individual education program on her behalf. However, the parents sufficiently showed in court that the district failed to provide the child with free appropriate education by denying a customized educational plan based on her inability to attend school before noon, when her seizures are most frequent. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: March 21, 2024, Case #: 22-2137, Categories: civil Rights, Ada / Rehabilitation Act, education
J. Dever grants North Carolina State University’s motion to dismiss allegations of disability discrimination brought by a Ph.D. candidate who claims the university did not accommodate his ADHD, depression and anxiety diagnoses. He requested multiple leaves of absence during his program to attend mental health appointments, which the university afforded him. An advisor gave a research assistantship to a different student because the candidate was “a liability.” However, the candidate’s hostile work environment and failure to accommodate claims are not sufficient or time-barred under the ADA.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: March 19, 2024, Case #: 5:23cv331, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: civil Rights, education, Employment Discrimination
J. Daniel partially grants Loyola University’s motion to dismiss a Title IX suit brought by a group of students who say the university mishandled and underreported their claims of sexual harassment on campus. The students’ complaint also accuses the university of failing to prevent sexual assault by repeat offenders and publishing false campus sexual assault statistics, and brings claims for fraud, premises liability, contract breach, negligence, emotional distress and violations of the Illinois Preventing Sexual Violence in Higher Education Act. The court dismisses all of these counts as well as a Jane Doe’s Title IX claims, citing, among other arguments, a lack of evidence and failure to state a claim. The remaining plaintiffs’ Title IX claims survive.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: March 18, 2024, Case #: 1:22cv6476, NOS: Education - Civil Rights, Categories: civil Rights, education, Emotional Distress
J. Simon denies the adoptive parents' motion for a preliminary injunction seeking to have the hearing officer's dismissal of their complaint vacated. The complaint alleged the school denied their psychologically challenged child a free and appropriate education when the child's patterns of self-injury and abuse re-emerged after treatment. The parents fail to show a need for the injunction, and the relief sought is neither preliminary nor injunctive in nature. Furthermore, they do not establish any likelihood of irreparable harm, nor a likelihood they will succeed on the merits.
Court: USDC Northern District of Indiana, Judge: Simon , Filed On: March 18, 2024, Case #: 4:23cv79, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: civil Rights, education, Injunction
J. Biggs partially denies the University of North Carolina’s motion for summary judgment following claims of racial discrimination brought by a Ph.D. candidate. Specifically, the candidate, a Black man, claims his dissertation committee plagiarized his work and re-attributed it to another student and did not behave this way with other candidates of different races. There is enough evidence to call the university and committee into question such that qualified immunity is suspended at this time.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 15, 2024, Case #: 1:20cv1050, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, Immunity
J. Barker grants the school's motion for summary judgment on a high school student's constitutional challenge to the temporary revocation of his pro-life club. The student knew of the requirements of the Indiana Tort Claims Act under which certain claims were filed, and failed to satisfy form, timing and content requirements. No cogent argument has been made regarding claims of ineffective notice.
Court: USDC Southern District of Indiana, Judge: Barker , Filed On: March 15, 2024, Case #: 1:21cv3075, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, Municipal Law
J. Geraci rules in part against a college accused of disciplining a male student based on gender bias after he was accused of sexual assault by a female student. The student failed to identify express promises related to contract breaches, but a reasonable jury could find the college wrongfully flipped the burden of proof. Meanwhile, text messages from the female student cast doubts on her sexual assault allegations.
Court: USDC Western District of New York, Judge: Geraci , Filed On: March 11, 2024, Case #: 6:21cv6761, NOS: Education - Civil Rights, Categories: civil Rights, education
J. Wolford dismisses claims contending the state wrongfully required Amish schoolchildren to receive vaccines against religious objections and issued non-compliance orders against Amish private schools because evidence does not indicate the state education commissioner had or will have any role in enforcing state public health laws. Meanwhile, the laws at issue do not contain hostility toward religious beliefs, and the fact that the state has not accomplished complete compliance among all students does not mean the law is not generally applicable.
Court: USDC Western District of New York, Judge: Wolford , Filed On: March 11, 2024, Case #: 1:23cv484, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education
[Modified.] J. Stratton adds one sentence calling for appellant to pay costs on appeal with no change in judgment. Substantial evidence supported a university's decision to use a combined investigator-adjudicator procedure in proceedings that resulted in a student's expulsion for intimate partner violence. Neither the original proceedings nor the appellate process violated the student's due process rights. Affirmed.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: March 8, 2024, Case #: B290675, Categories: civil Rights, education, Due Process
J. Scudder finds that the lower court properly dismissed parents' challenge to the school district's Administrative Guidance for Gender Identity Support, which is a policy that provides direction to schools encountering students with questions about their gender identity. The parents level a broad pre-enforcement attack on the policy, without identifying any specific instance of the district applying the policy in a way that infringes on parental rights. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: March 7, 2024, Case #: 23-1534, Categories: civil Rights, education
J. Stratton finds that substantial evidence supported a university's decision to use a combined investigator-adjudicator procedure in proceedings that resulted in a student's expulsion for intimate partner violence. Neither the original proceedings nor the appellate process violated the student's due process rights. Affirmed.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: March 7, 2024, Case #: B290675, Categories: civil Rights, education, Due Process
J. Godbey grants, in part, a university's motion to strike expert testimony in a sex discrimination case filed by female former student athletes. A doctor's retained by the students will not be allowed to testify on their specific injury or standard of care for athletic trainers, as he is not qualified to testify on those subjects.
Court: USDC Northern District of Texas , Judge: Godbey, Filed On: March 4, 2024, Case #: 3:18cv141, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, Experts
J. Rudofsky rules against a school parent on first amendment retaliation claims after a school district restricted her visits to a school when audio was leaked from a Moms for Liberty group meeting, where she stated “If I was…any mental issues, they would all be plowed down with a freaking gun by now.” The parent has waived the merits of her case by not responding to the arguments for summary judgment on the claims.
Court: USDC Eastern District of Arkansas , Judge: Rudofsky, Filed On: February 28, 2024, Case #: 4:22cv677, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, First Amendment
J. Rogers revives a former medical student’s claims that Howard University violated his civil rights when it refused to allow him to take an examination for a fourth time in light of his test-taking-anxiety disability. The three-year, rather than one-year, statute of limitations apply to his civil rights claims. Reversed in part.
Court: DC Circuit, Judge: Rogers, Filed On: February 23, 2024, Case #: 22-7103 , Categories: civil Rights, education
J. Carter dismisses the parent's federal claims alleging that the school district's staff retaliated against the child, then a first grader, for drawing a picture with the phrase "Black Lives Matter" in black marker and "any life" beneath that sentence in lighter marker before sharing it with a classmate. The federal claims are dismissed because discipline about what is appropriate to say or do in school belongs in the hands of teachers instead of federal courts, and the parent's two other claims arise under California law.
Court: USDC Central District of California, Judge: Carter, Filed On: February 22, 2024, Case #: 8:23cv306, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, Jurisdiction
J. Boyle grants staff members in North Carolina’s teachers’ retirement system their motion for judgment on the pleadings following allegations of a due process violation in a teacher’s dispute over her benefits. Unbeknownst to the teacher, she was overpaid benefits for 10 years, and when the system found the mistake, it docked her benefits by 50% until it recouped the overage. At this stage, the teacher’s remaining claim is that she was not given a pre-deprivation hearing before the reduction in benefits. However, the system staff members are entitled to qualified immunity and the teacher has not provided sufficient evidence otherwise.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 21, 2024, Case #: 4:22cv27, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, Due Process
J. Eifert denies the university's motion to compel an independent psychological evaluation of the student claiming it's Title IX Office discriminated against her when it charged her with violating the university's Student Code of Conduct for underage consumption of alcohol while at a friend's off-campus apartment as retaliation for reporting she was sexually assaulted. The student's mental condition is not in controversy, and the university has failed to show any good cause for such an examination.
Court: USDC Southern District of West Virginia, Judge: Eifert, Filed On: February 21, 2024, Case #: 3:22cv532, NOS: Education - Civil Rights, Categories: civil Rights, education, Discovery
Per curiam, the circuit finds the district court improperly found for the university on the student's Rehabilitation Act claims, in which she says she says the school failed to accommodate her depression and post-traumatic stress disorder with extended time for assignments and exams. Though the court properly granted summary judgment on other claims on grounds of sovereign immunity, the student's initial state court suit was refiled as this federal suit before the state appellate court’s plenary power expired and within the 60-day grace period. Reversed.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 15, 2024, Case #: 22-10013, Categories: civil Rights, education, Jurisdiction
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