220 results for 'cat:"Civil Rights" AND cat:"Education"'.
J. Hicks grants the school district's motion to dismiss this bullying and discrimination complaint. Though the minor received accommodations at his elementary school, he was choked by a minor aggressor, who also chased him with a pencil, threatening to stab him. A Nevada court issued a protection order, which the guardian says the school failed to enforce. The guardian does not have standing to sue in her individual capacity. She also fails to state claims on her assertions of liability, negligence and discrimination, providing no detail regarding the alleged harassment.
Court: USDC Nevada, Judge: Hicks , Filed On: February 14, 2024, Case #: 3:23cv107, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, Restraining Order
J. Hartz finds that the lower court improperly dismissed civil rights claims against Oklahoma State University from a free speech advocacy group that sought to challenge new schoolwide policies that they claimed chilled free speech. The lower court tossed their suit on the grounds that the three student members they were representing decided to proceed in the case as anonymous persons, stating that the group lacked standing as a result. But the Supreme Court opinion they relied on to make those findings did not make anonymity an issue and there was "no hint, much less an emphatic statement," that the opinion in question was setting a precedent that anonymous persons could not have standing to bring claims such as this. Reversed.
Court: 10th Circuit, Judge: Hartz, Filed On: February 9, 2024, Case #: 23-6054, Categories: civil Rights, education, First Amendment
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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. Godbey denies, in part, a university's motion for summary judgment on a group of former student athletes' claims arising from hip injuries they allegedly suffered while members of the rowing team. There are questions of fact regarding one student's Title IX claim for medical expense-related compensatory damages and loss of educational benefits.
Court: USDC Northern District of Texas , Judge: Godbey, Filed On: February 5, 2024, Case #: 3:18cv141, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, Damages
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. Sack finds that the district court properly dismissed a college student's claims contending internal disciplinary proceedings into sexual assault allegations contained an anti-male bias because evidence did not indicate the university discriminated against the student by making erroneous disciplinary findings based solely on his gender, or by more vigorously investigating co-eds' assault claims while ignoring his own complaint that he had been defamed in one of the co-eds' anonymous tweets. Affirmed.
Court: 2nd Circuit, Judge: Sack, Filed On: January 31, 2024, Case #: 21-1125, Categories: civil Rights, education
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. Jensen grants a mother’s motion to compel documents from an Illinois city’s public school district. Her son suffered permanent brain injuries when, as a high school freshman, school officials slammed him to the ground. The court finds the school district has not provided sufficient reasons as to why it should deny the mom’s request for eyewitness statements and investigative reports.
Court: USDC Northern District of Illinois, Judge: Jensen, Filed On: January 24, 2024, Case #: 3:22cv50354, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, Discovery
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. Trauger grants the two dismissal motions filed in this lawsuit brought by a former fraternity pledge who alleges that he was subjected to racial discrimination and "intense hazing." As to one of the fraternity members, there are no facts alleged to show that he "participated in tortious conduct." Another is alleged to have "regularly used racial slurs," but the complaint fails to show that the member "breached a duty to the plaintiff or caused him serious emotional injury."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: January 8, 2024, Case #: 3:22cv808, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Rights, education, Emotional Distress
J. Johnson answers two certified questions before the court relating to an underlying sexual misconduct dispute at Washington State University. The two questions tie to the issues of whether, under state law, there is a special relationship between a university and its students that gives rise to a special duty of care, and if so, how far exactly does that duty go. The answer to the first question is yes, that duty is recognized under state law and a university must use reasonable practices to protect students from their peers. As for how far that duty goes, it is a duty that exists whenever a student is on campus or is involved in university-related activities.
Court: Washington Supreme Court, Judge: Johnson, Filed On: January 4, 2024, Case #: 101045-1, Categories: civil Rights, education
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. Pascal allows plaintiff to file a second amended complaint contending a school wrongly punished a Black student for bringing in an empty bottle of alcohol for a science project. The new complaint plausibly alleges a white student had not been punished for bringing in a Nerf gun and that reasonable suspicion did not exist to subject the student to a drug test.
Court: USDC New Jersey, Judge: Pascal , Filed On: December 29, 2023, Case #: 1:23cv1280, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education
J. Russell partially grants the defendant school district's dismissal motion in this lawsuit brought by a former high school student alleging that he was sexually harassed by a teacher. The complaint contends that school officials had previously received reports of the teacher engaging in "inappropriate behavior," and that the school district's indifference allowed the student "to become another victim." The student's Section 1983 claim based on a "state created danger theory" will be dismissed, however, along with his Title IX claim, due to a failure to state a plausible claim.
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: December 29, 2023, Case #: 5:23cv473, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, civil Rights, education
J. Boyle grants a group of multiple individuals, including the North Carolina assistant attorney general, its motion to dismiss a charter school’s former CEO’s allegations that they have been involved in a racist conspiracy since 2007 to shut down the school. He says the group pressured him, a Black man known for opposing alleged race-based discrimination in the state’s treatment of charter schools, into continuing to use a financial services vendor that he accuses of filing false reports. Further, he claims members of the group destroyed his reputation through verbal attacks and deliberately influenced the vendor to create false reports in order to justify the school board’s revocation of the charter. However, the members of the group are protected by 11th Amendment immunity and, because the CEO’s claims are time-barred, supplemental jurisdiction is not applicable.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: December 20, 2023, Case #: 5:23cv220, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, Jurisdiction
J. Hurson dismisses, without prejudice, a student’s financial aid claim in favor of the university. The student alleges he was discriminated against for being a low-income student from West Africa, but fails to support these facts.
Court: USDC Maryland, Judge: Hurson, Filed On: December 20, 2023, Case #: 1:22cv3096, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education
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