124 results for 'nos:"Education - Civil Rights"'.
J. Hillman allows plaintiff to continue claims contending a school district failed to provide a disabled student an appropriate education because whether the disputes will fall to state education agencies remains unclear at this early stage, and no basis exists for the finding that the administrative law judge failed to issue a timely decision.
Court: USDC New Jersey, Judge: Hillman , Filed On: February 29, 2024, Case #: 1:21cv15677, NOS: Education - Civil Rights, Categories: Civil Procedure, Education
J. Houston grants San Diego State University's anti-SLAPP motion to strike the student's state claims over disciplinary measures that were taken against him alleging that he participated in fraternity hazing. The negligence claims fail because the disciplinary charges were dropped with no negative remarks on his transcript and the student was able to graduate, so he did not suffer damages. His emotional distress claim fails because he provides only conclusory statements to support his allegations.
Court: USDC Southern District of California, Judge: Houston, Filed On: February 28, 2024, Case #: 3:21cv2131, NOS: Education - Civil Rights, Categories: Anti-slapp, Negligence, Emotional Distress
J. Molloy denies in part the University of Montana's request to dismiss claims from students who say they were wrongfully classified as non-resident students for the purposes of their tuition and other fees. Claims over the university's policy of classifying them as non-resident students against the board members are tossed due to the board members having legislative immunity. The remaining claims proceed because there have been enough "general factual allegations" that make it plausible the policy violates established tuition law.
Court: USDC Montana, Judge: Molloy, Filed On: February 23, 2024, Case #: 9:23cv79, NOS: Education - Civil Rights, Categories: Education
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
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J. Marks grants summary judgment in favor of the board of education in this case brought by a mother regarding her minor child. The mother alleged that the school failed to provide a free appropriate public education, address all disabilities and develop an education plan to help the child succeed academically. The court finds the mother failed to present evidence to show the child was denied a free and appropriate education.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: February 16, 2024, Case #: 2:22cv705, NOS: Education - Civil Rights, Categories: Education, Evidence
J. Rodriguez dismisses counterclaims contending a school district failed to provide tutoring, therapy, or other compensatory education for a disabled student because the counterclaims were filed outside the 90-day window, and the claims are duplicative of a previous action.
Court: USDC New Jersey, Judge: Rodriguez , Filed On: February 7, 2024, Case #: 1:22cv6568, NOS: Education - Civil Rights, Categories: Civil Procedure, Education
J. McFadden denies, in part, a university's motion to dismiss an expelled student's discrimination action. He adequately pleads his claims for racial discrimination and breach of implied covenant of good faith and fair dealing, and his contract claim for breach of his scholarship agreement.
Court: USDC District of Columbia, Judge: McFadden, Filed On: February 6, 2024, Case #: 1:23cv436, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Contract
J. Talwani grants in part a minor student’s motion for summary judgment to overturn a hearing officer’s decision and order his public school district to place him in an integrated residential school. The student’s parents were unable to challenge the school district’s decision to keep the student at the New England Adolescent Research Institute in their hearing request because they weren’t told about the school’s decision until the hearing.
Court: USDC Massachusetts, Judge: Talwani, Filed On: February 1, 2024, Case #: 3:22cv10267, NOS: Education - Civil Rights, Categories: Ada / Rehabilitation Act, Education
J. Eifert holds in abeyance the university's motion for a protective order for the upcoming deposition of the university's president in a student's sex discrimination suit. The student claimed the university hastily closed its Title IX investigation into her allegation that her then-boyfriend sexually assaulted her but charged her with a violation of the Student Code of Conduct for underage drinking. The court finds that a ruling on the university's motion is premature until the president has been deposed, and the student still believes he "has unique personal knowledge relevant to this case."
Court: USDC Southern District of West Virginia, Judge: Eifert , Filed On: January 31, 2024, Case #: 3:22cv532, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Discovery
J. Pulliam finds a hearing officer ruled correctly in determining that individualized education programs issued for a troubled child were reasonable and appropriately addressed his educational needs. The hearing officer found the school district had done “all that it could” to design an education plan for the student, and the student’s family has not provided adequate evidence that the district failed to provide him a free appropriate public education. Affirmed.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: January 26, 2024, Case #: 5:21cv636, NOS: Education - Civil Rights, Categories: Administrative Law, Civil Rights, Education
J. Kirsch rules against parents who claim the school district failed to provide adequate special education services to their autistic student. There is no case law stating schools have a duty to provide before-school aides or services, and the parents did not demonstrate the administrative law judge erred by not concluding the school district was obligated to provide "home programming" services due to her work schedule.
Court: USDC New Jersey, Judge: Kirsch , Filed On: January 17, 2024, Case #: 3:22cv107, NOS: Education - Civil Rights, Categories: Education
J. Dishman grants the state defendants' dismissal motion in this lawsuit challenging the constitutionality of a state law that requires public schools to separate multiple occupancy restrooms and changing areas "based on a student's biological sex." The plaintiff students fail to "state a claim on which relief can be granted," as the law does not violate the Equal Protection Clause or Title IX. Additionally, the court will deny as moot their request for a preliminary injunction as to the state defendants.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: January 12, 2024, Case #: 5:22cv787, NOS: Education - Civil Rights, Categories: Civil Rights, 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. 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
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. Wang dismissed claims brought against a school district after a part-time guest speaker for an after-school organization suggested that students who were not comfortable in their bodies were transgender and offered prizes to students who declared themselves as being such, while pressuring those who would not do so, because the concerned parties had not alleged their minor children were in the school district.
Court: USDC Colorado, Judge: Wang, Filed On: December 19, 2023, Case #: 1:23cv1117, NOS: Education - Civil Rights, Categories: Civil Rights, Education
J. Sudday enters judgment in favor of Hamilton College on a student’s Title IX gender discrimination and breach of contract complaint, according to which the the college wrongfully concluded that he sexually assaulted a female student and afterwards expelled him from school. The court finds the student has failed to present any evidence would lead a jury to find the college’s actions showed bias against men or that the college’s process violated school policy.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: December 19, 2023, Case #: 6:21cv436, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Contract
J. Howell denies a former graduate student’s attempt to disqualify counsel of another party — an allegedly abusive teaching assistant — after the graduate student brought a civil rights suit against the University of Texas. The graduate student argues the counsel should be disqualified because she had contacted the firm before filing her suit, creating a conflict. Disqualification is not mandatory in this case, because while the grad student argues this court should use its discretionary power to disqualify the attorney anyways, the danger of prejudice is “exceedingly minimal” and the law firm has “done everything within its power” to prevent it.
Court: USDC Western District of Texas , Judge: Howell, Filed On: December 11, 2023, Case #: 1:21cv1040, NOS: Education - Civil Rights, Categories: Civil Procedure, Civil Rights, Education
J. Bell grants in part a school board’s motion dismiss the second amended complaint brought by a disabled student’s mother, who says a teacher repeatedly abused the student. The teacher reportedly put her hands over the student’s mouth and nose multiple times to stop him from making noise and physically put him into a trash can because she said that if he acted like trash, she would put him where trash belongs. Because the school’s liability insurance does not cover certain claims such as this, the board retains governmental immunity on the mother’s negligence claim for lack of jurisdiction. However, the allegations on the remaining claims will proceed because there has been no voluntary resolution suggested by either party.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: December 6, 2023, Case #: 5:20cv192, NOS: Education - Civil Rights, Categories: Civil Rights, Tort, Negligence
J. Urbanski denies the college baseball coach's motion to dismiss. The college baseball player claims that the coach targeted the minorities on the team by grouping the lockers of minority players, informing all players that they were required to stand during the national
anthem to remain in good standing, directing only the players of color to get haircuts prior to team pictures, prohibiting players from attending a racial justice rally on campus, and referring to an Asian American player on the team as "Kim Chi," rather than by his name. The player complained to the school's athletic director, who ignored the allegations, giving the coach the lead way to continue harassing the minority players until cutting the player from the team, taking a year of his college eligibility and his scholarship. The player alleged enough facts to support that the coach's actions adversely affected the player.
Court: USDC Western District of Virginia, Judge: Urbanski, Filed On: December 4, 2023, Case #: 7:23cv29, NOS: Education - Civil Rights, Categories: Education, First Amendment
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
J. Reidinger grants an anonymous man affiliated with the University of North Carolina at Chapel Hill his motion for a preliminary injunction against the university following a sexual misconduct investigation it conducted. Complaints about the man’s alleged involvement in multiple acts of sexual misconduct prompted the investigation, and the man has been suspended from his affiliation with the school. Based on the fact that the man denies having perpetrated any of the actions for which he is accused, and the potential for harm if he is indicated publicly, the university is enjoined from releasing any information regarding the man until litigation has concluded.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: November 28, 2023, Case #: 1:23cv41, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Injunction