220 results for 'cat:"Civil Rights" AND cat:"Education"'.
J. Rice dismisses the female student's complaint that the university did not timely investigate a sexual assault complaint against a male student, which allowed him to sexually assault the female student multiple times and then rape her in her dorm room after she ended their relationship. While it was unacceptable for the university to take 10 months to investigate the prior sexual assault claim against the male student, there is not sufficient evidence that the university displayed deliberate indifference or that the university ignored the male student's conduct.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: October 18, 2023, Case #: 2:22cv69, NOS: Education - Civil Rights, Categories: civil Rights, education, Evidence
J. Robinson grants the student-athletes' motion to reconsider a prior order finding that the absent plaintiffs did not have standing to pursue a retaliation claim against the university. The athletes allege that comments made at a track and field meeting implicitly threatening team members with removal from the team if they participated in the lawsuit dissuaded some team members from joining the suit or participating as witnesses. This is sufficient to allege an injury-in-fact even though the university's alleged retaliation was not directed specifically at them.
Court: USDC Southern District of California, Judge: Robinson, Filed On: October 10, 2023, Case #: 3:22cv173, NOS: Other Statutory Actions - Other Suits, Categories: civil Rights, education
J. Bumb declines to impose a temporary restraining order against the university and a professor who allegedly sexually assaulted a PhD student and hindered her progress by giving her poor scores on several tests. The university is fully aware of the student's complaint and an investigation is pending into the assault. Meanwhile, the university had two new graders blindly re-score the student's failed test. Meanwhile, that she contends she is a strong student does not mean retaliation claims will likely succeed.
Court: USDC New Jersey, Judge: Bumb , Filed On: October 10, 2023, Case #: 1:23cv20657, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, Restraining Order
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Per curiam, the Fifth Circuit finds the district court properly dismissed the former professor’s claims of constructive discharge, Equal Pay Act retaliation and other civil rights violations brought after she resigned from her tenured professorship at the Thurgood Marshall School of Law at Texas State University. Before her resignation, several similar claims were dismissed for failure to state a claim, as well as lost by grant of summary judgment to the school. Claims that a school employee “threw her hair” into the Black professor’s face, and yelled that the professor couldn’t park in a church parking lot were not committed in the employee’s “official power” at the school. The professor fails to allege that the employee acted under color of state law and thus fails to state a civil rights claim. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 3, 2023, Case #: 22-20541, Categories: civil Rights, education, Evidence
J. Daniel partially grants multiple Chicago school board employees’ motion to dismiss a Black parent’s civil rights suit. The parent claims her child was a victim of bullying at a Chicago public elementary school, and that school staff made the situation worse after he fought back against his bully by screaming at the boy and forcing him outside the school on a day when the temperature hovered near freezing. The court dismisses the school counselor as a defendant, and also dismisses the parent’s 14th Amendment and state law assault claims against the school principal and security officer. The rest of the suit stands.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: October 2, 2023, Case #: 1:19cv6477, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, Emotional Distress
J. Foote denies a request by a university hospital to dismiss an abuse of rights claim brought by a female physician arising from her sex discrimination and job retaliation complaint against the chancellor of the medical center, who also supervised her cleft and craniofacial fellowship. The doctor’s allegations are sufficient and include claims that the hospital’s predominant motive for denying her privileges at the facility was to retaliate against her for making a sex discrimination claim against its chancellor.
Court: USDC Western District of Louisiana , Judge: Foote, Filed On: October 2, 2023, Case #: 5:22cv1607, NOS: Employment - Civil Rights, Categories: civil Rights, education, Health Care
J. Hollander partially grants a motion to dismiss filed by the education board in this civil rights lawsuit brought by the parents of a student who was suspended on a determination that she engaged in racist conduct after she allegedly sent a “blackface” photo via Snapchat. The student’s invasion of privacy, defamation, and freedom from search and seizure claims will be dismissed. However, her negligence, fiduciary duty, free speech and First Amendment claims are denied on a theory of procedural due process violation.
Court: USDC Maryland, Judge: Hollander, Filed On: September 29, 2023, Case #: 1:23cv195, NOS: Education - Civil Rights, Categories: civil Rights, education, Due Process
J. Martinez-Olguin allows some claims to continue against the West Contra Costa School District from a former student who says she was sexually abused by her teacher. The complaint alleges that the principal of the school at the time saw inappropriate touching from the teacher in the classroom, but didn't take any action. The student also alleges that, while talking to the principal, she referred to the teacher as her "girlfriend" and the principal's response was to "pretend she didn't hear that." This is sufficient to allege deliberate indifference by the school district.
Court: USDC Northern District of California, Judge: Martinez-Olguin , Filed On: September 28, 2023, Case #: 3:22cv3233, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Rights, education
J. Campbell grants the school defendants' motion for summary judgment in this lawsuit brought by a former high school student alleging due process violations stemming from an investigation into an incident involving another student. The court concludes that the plaintiff student was not deprived of due process, as he was given "notice of the accusation and an opportunity to respond." Also, the court notes that the disciplinary measures against him were vacated.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: September 28, 2023, Case #: 3:21cv910, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education
J. Campbell grants the education defendants' motions to dismiss the student's Title IX claim but denies their motions to dismiss the student's equal protection claim. The student, who is a transgender girl, contends that the Tennessee Accommodations for All Children Act violates her rights and she seeks to enjoin its enforcement, specifically as it relates to the use of "multi-occupancy restrooms and changing facilities." However, the student has failed to state a claim under Title IX.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: September 27, 2023, Case #: 3:22cv570, NOS: Education - Civil Rights, Categories: civil Rights, education, Lgbtq
J. Cronan dismisses a family's civil rights suit against the city, alleging the city violated the father's rights in a child abuse investigation against the father stemming from the garbled statements of his severely autistic, mainly non-verbal daughter. The family cannot prove that the child's school made false allegations about potential abuse at home. Rather, the school officials reasonably responded to the child uncharacteristic selection of the words "butt, sleep, man, pillow, finger" on her iPad.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: September 27, 2023, Case #: 1:20cv8937, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education
J. Dooley grants, in part, the university's motion to dismiss, ruling the female student's Title IX must be dismissed in regards to her sexual assault because there is no indication the university knew the assailant would attack fellow students, especially considering the student had never met her attacker prior to the incident. However, her Title IX claim regarding the university's response, which included a 90-minute interview during which she was forced to recount graphic details of the assault and the school's initial failure to respond for over two weeks, is sufficient to establish a deliberate indifference claim.
Court: USDC Connecticut, Judge: Dooley, Filed On: September 26, 2023, Case #: 3:22cv1249, NOS: Education - Civil Rights, Categories: civil Rights, education, Evidence
J. Dugan rules a former student may pursue deliberate indifference claims against a school district. The former student sufficiently showed in court that the district failed to prevent school employees, several teachers and coaches, from engaging in sexually inappropriate behavior toward female students, which included rape and other forms of sexual abuse.
Court: USDC Southern District of Illinois, Judge: Dugan, Filed On: September 25, 2023, Case #: 3:22cv2727, NOS: Education - Civil Rights, Categories: civil Rights, education, Tort
Per curiam, the circuit finds that the district court improperly dismissed the Black female educator's claims arising from a reneged-upon promise to pay for her to attend the Mississippi School Board Association Prospective Superintendent’s Leadership Academy. The court concluded that Title VII of the Civil Rights Act protects employees against only “ultimate employment decisions.” But a recent case before the Fifth Circuit showed that Title VII requires a broader reading and removed the "ultimate decision" requirement. The educator plausibly alleges facts that satisfy adverse employment action requirements. Reversed.
Court: 5th Circuit, Judge: Per curiam, Filed On: September 21, 2023, Case #: 21-60771, Categories: civil Rights, education, Employment Discrimination
J. Jackson finds for the district on a mother's Title IX and intentional infliction of emotional distress claims on behalf of her daughter, who was sexually assaulted by a student at her high school. She fails to show her daughter suffered adverse reactions due to her protected conduct, or that the principal's conduct following their report of the assault was intentional or reckless.
Court: USDC District of Columbia, Judge: Jackson, Filed On: September 14, 2023, Case #: 1:18cv2181, NOS: Other Statutory Actions - Other Suits, Categories: civil Rights, education, Emotional Distress
J. Gordon grants the special ed children's motion to strike certain exhibits attached to the school district's reply brief in this civil rights suit alleging that a teacher physically and sexually abused them. A summary judgment reply brief is limited to 20 pages under local rule, and argument cannot be included in an exhibit to evade the limit. The exhibits (charts) list hearsay and relevancy objections, arguing also that the facts in the response brief are not supported by cited evidence. These arguments should have been in the reply brief. Certain of the school district's motions for summary judgment are granted, regarding claims centered around handholding and failure to train. Other claims regarding hearsay are allowed to proceed, as the children could testify at trial.
Court: USDC Nevada, Judge: Gordon , Filed On: September 14, 2023, Case #: 2:21cv218, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, Evidence