220 results for 'cat:"Civil Rights" AND cat:"Education"'.
J. Kirsch allows a student to continue certain claims contending Princeton University wrongfully sanctioned him after he was accused of sexual misconduct against a female student. The due process claims do not rise to a Title IX issue because evidence does not indicate the university only investigates complaints filed by female students, but contract claims may continue based on the contention that the school failed to interview a witness whose statements could have undermined the alleged victim's motivation.
Court: USDC New Jersey, Judge: Kirsch , Filed On: December 19, 2023, Case #: 3:22cv5887, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, Due Process
J. Mahan denies the school district's motion to dismiss the claims of intentional infliction of emotional distress filed by the parent of an autistic 5-year-old. A teacher's assistant allegedly witnessed a teacher abusing the special education student on many occasions, and the teacher allegedly locked the child in a darkened bathroom for singing a nursery rhyme, regularly left students unattended, used corporal punishment and pain-compliance techniques, and modified her classroom door so that it could not be opened by the students.
Court: USDC Nevada, Judge: Mahan , Filed On: December 18, 2023, Case #: 2:23cv564, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: civil Rights, education, Emotional Distress
J. Nathan finds that the district court improperly dismissed Title IX claims student athletes brought after high schools and the state athletic association permitted transgender girls to compete in women's track and field. The students had standing since they adequately pleaded harm concerning the denial of equal opportunity, which may be addressed through monetary and injunctive relief. On remand, the district court must consider whether allowing transgender girls to compete in girls' sports even violates Title IX.
Court: 2nd Circuit, Judge: Nathan, Filed On: December 15, 2023, Case #: 21-1365, Categories: civil Rights, education
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J. Wiley finds the trial court improperly denied the nursing student's petition for a writ challenging his dismissal from a school's program. Though the school's policies did not require it to hold a hearing, the California Supreme Court has since issued a "landmark decision" about the doctrine of fair procedure. The trial court must determine whether the doctrine of fair procedure applies and, if so, whether it required the school to offer the student additional procedures. Vacated.
Court: California Courts Of Appeal, Judge: Wiley , Filed On: December 13, 2023, Case #: B320590, Categories: civil Rights, education, Due Process
J. Bloom partially grants a school board’s motion to dismiss a complaint by a student and her mother after the student was sexually assaulted by another student outside of school. The family sued both the school district and the school board, but these are not political subdivisions “separate and apart” from one another, so the board is dismissed. A motion to dismiss a claim of discrimination is denied because the student sufficiently claimed she was subjected to a hostile environment that the district was aware of.
Court: USDC Middle District of Pennsylvania, Judge: Bloom, Filed On: December 11, 2023, Case #: 3:23cv1118, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Rights, education, Negligence
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. Carroll finds the trial court properly dismissed the school district’s sexual harassment filed by a student complaint for lack of subject-matter jurisdiction in favor of the human rights commission. The district asserts they are entitled to but could not identify either mandamus or prohibition to create a subject-matter jurisdiction. Affirmed.e
Court: Vermont Supreme Court, Judge: Carroll, Filed On: December 8, 2023, Case #: 23-AP-058, Categories: civil Rights, education, Jurisdiction
J. Volk denies the West Virginia State trooper's motion for summary judgment in the assistant basketball coach's civil rights suit claiming the trooper used excessive force in wrongfully arresting him during the match between the Woodrow Wilson and Greenbrier East girls' teams, when the coach during a timeout attempted to alert the administration of the home crowd's unruly behavior, including the use of racial epithets. The trooper is not entitled to qualified immunity as "no reasonable officer would have believed it necessary under the circumstances to so forcefully push a nonviolent, nonthreatening, compliant, 6’2” tall, 210-pound male in a manner capable of producing broken bones."
Court: USDC Southern District of West Virginia, Judge: Volk, Filed On: December 1, 2023, Case #: 5:22cv59, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, Government
J. Aiken dismisses the employee's complaint that the school district violated his 14th Amendment rights by putting him on unpaid leave when he refused to comply with Oregon Health Authority's Covid-19 vaccine and mask requirements for all school employees. There is already precedent for courts that upheld Covid-19 vaccination requirements in public education. The employee's decision to not take the vaccine does not qualify as "forced experimentation" as his complaint suggests, and there are no stated facts that could make any amendment valid or sufficient.
Court: USDC Oregon, Judge: Aiken, Filed On: November 30, 2023, Case #: 6:23cv169, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, Covid-19
J. Rodriguez partially grants Kerrville Independent School District’s motion for summary judgment after it was sued by a former student alleging that she was sexually abused during her time at the school district. While the student may overall proceed with her lawsuit, she has not adequately alleged some negligence claims against the school district, including for failure-to-train, because there is a genuine dispute as to whether school officials “actually knew that there was a substantial risk that sexual abuse would occur.”
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: November 30, 2023, Case #: 5:21cv369, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, Tort
J. Stewart finds that a student athlete sufficiently pleaded sexual harassment by her coach with details of pervasive bullying of young women on a soccer team to survive demurrer. But she failed to state a negligence claim against the coach since she did not show that a special relationship had created a duty for the coach to keep her on the team. Her fiduciary duty claim did not adequately allege that a special relationship of trust was established between her and the coach. Also, her fraud claim is barred by governmental immunity. Reversed in part.
Court: California Courts Of Appeal, Judge: Stewart, Filed On: November 29, 2023, Case #: A164550, Categories: civil Rights, education, Negligence
J. Nardacci dismisses with prejudice a civil rights complaint filed by the parents of a homeschooled child alleging their local school district falsely reported them to child services on suspicions of child educational neglect. The district is immune from liability because the superintendent performed his statutory duty under New York state law by reporting the family after they failed to provide a quarterly report regarding the child’s educational progress.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: November 29, 2023, Case #: 1:23cv388, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education
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
J. Castel finds that the student may sue the university for discrimination and retaliation under Title IX after she was raped by a fellow student in an off-campus apartment. The student cannot show that the university was aware the alleged rapist was a risk to other students before the student made her accusations, but she states a claim that the university was deliberately indifferent after it became aware of the incident by never reviewing the hospital records or informing the student she needed to make a written complaint.
Court: USDC Southern District of New York, Judge: Castel, Filed On: November 28, 2023, Case #: 1:22cv5405, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education
J. Dever grants the natural guardians of a disabled minor child their motion for partial summary judgment against a school board after the child’s educational assistant was convicted for assaulting her. The assistant, who was hired to support the non-verbal child with all tasks, reportedly beat her behind the cafeteria with a metal serving spoon so severely that the spoon bent. The board made several defenses including statute of limitations and immunity. Under the federal civil rights code the guardians invoke, the board is able to be sued just like a municipality and can therefore not use an immunity defense. Also, the guardians brought this litigation well within the statute of limitations and are thus allowed to proceed.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: November 27, 2023, Case #: 5:23cv243, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, Tort
J. Bernal finds, based on findings of fact and conclusions of law, that the parent has not shown that an administrative law judge's factual findings regarding her child's special education needs were erroneous or that any issues in the Office of Administrative Hearings' decision were time-barred. The parent sought partial reversal of the Office of Administrative Hearings' findings that her child was not eligible for special education and related services after June 30, 2017 and was not entitled to a free appropriate public education from the school district. The administrative law judge found that the parent refused to consent to the school district's assessment plans for the student.
Court: USDC Central District of California, Judge: Bernal, Filed On: November 22, 2023, Case #: 5:21cv326, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: civil Rights, education
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. Pitman dismisses some claims in a civil rights suit brought against Baylor University by a former student alleging that the university did not properly handle her report of sexual assault. While some of the student’s claims against Baylor can proceed, her claims against two athletic officials are dismissed because she has not shown that they should have foreseen the assault or that they breached their duties to her.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: November 21, 2023, Case #: 6:16cv403, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education
J. Higginbotham finds the district court improperly found for a school district in this suit filed by a student alleging it failed to accommodate her hearing impairment. Although the district court held the student did not administratively exhaust her claims under the Individuals with Disabilities Education Act, mandated administrative proceedings are non-preclusive. Vacated.
Court: 5th Circuit, Judge: Higginbotham, Filed On: November 16, 2023, Case #: 22-50854, Categories: civil Rights, education, Due Process
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. Wilson finds that East Stroudsburg University is not protected from accountability for allegedly refusing to expel a resident advisor who raped a 17-year-old freshman by using his master key to forcibly enter her dorm room, where she had barricaded herself to escape his physical abuse. Portions of the complaint were untimely, but the 2019 amendment to the state tolling provision "expanded the existing tolling period that applied to individuals under the age of eighteen bringing civil actions arising from childhood sexual abuse from twelve years after attaining the age of majority to thirty-seven years."
Court: USDC Middle District of Pennsylvania, Judge: Wilson, Filed On: November 13, 2023, Case #: 3:22cv1690, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, Immunity
Per curiam, the circuit finds that the district court improperly dismissed claims contending a female lacrosse player suffered retaliation for reporting abuse by a male player, including stalking and assault, because she plausibly alleged coaches made subtle threats about her future as a player in connection with her complaint. However, the court properly dismissed Title IX deliberate indifference and hostile environment claims brought against the school since the record showed immediate action had been taken on the complaint.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 8, 2023, Case #: 22-2674, Categories: civil Rights, education, Negligence
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. Wormuth denies, in part, the school's motion to dismiss, ruling the peer-to-peer harassment claim filed under Title IX by the student who was sexually assaulted by her teacher is plausible at this stage, given the student was bullied continuously after she made allegations of harassment.
Court: USDC New Mexico, Judge: Wormuth, Filed On: November 3, 2023, Case #: 2:20cv276, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education
J. Bennett denies a teacher’s motion to dismiss negligence, battery and state and federal civil rights claims brought by the parents of a minor elementary school student. The teacher allegedly slammed the minor to the floor to discipline his behavior and asked other students to raise their hands if they had been bullied by him. The parents have properly pled facts. The substantive due process and equal protection claims were previously dismissed as to everyone named in the original complaint, but the teacher was not originally named on those claims.
Court: USDC Maryland, Judge: Bennett, Filed On: November 3, 2023, Case #: 1:22cv1601, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, Assault
J. Holcomb grants the father $89,200 in attorney fees and costs for his due process complaint alleging that the school district repeatedly did not provide his daughter, the student, an Individualized Education Plan to allow her to access grade-level curriculum, causing the student to fall behind on her reading and writing skills. The father's requested rates are reasonable for both his counsel and his experienced paralegal as they match the typical rates, and the hours are reasonable because the school district filed multiple motions to dismiss the complaint that required the father's counsel to prepare multiple opposition briefs and to deal with proceedings delays.
Court: USDC Central District of California, Judge: Holcomb, Filed On: October 31, 2023, Case #: 8:23cv524, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, Attorney Fees