220 results for 'cat:"Civil Rights" AND cat:"Education"'.
J. Mahan grants the school district’s motion for summary judgment in this civil rights suit brought by a teacher who resigned, alleging retaliation, precipitated by events including a death threat made by a fifth-grade student to another student, and involving alleged irresponsible handling of the incident. Expert testimony as to psychological damages is not required to support a negligence action, but none expressly connects the supposed psychological harm to the theories of negligence. There is no clear evidence of causation.
Court: USDC Nevada, Judge: Mahan, Filed On: June 5, 2023, Case #: 2:20cv1792, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, Employment
J. Higginson finds the lower court improperly dismissed a mother’s Genetic Information Nondiscrimination Act claims brought against the school district. The district court says the mother lacked standing to bring the claims on her own behalf and — who is not a licensed attorney — could not proceed pro se on behalf of her children. An absolute bar on pro se parent representation is inconsistent with the relevant federal law, which allows a pro se parent to proceed on behalf of her child in federal court when the child’s case is the parent’s “own.” Vacated and remanded.
Court: 5th Circuit, Judge: Higginson, Filed On: June 2, 2023, Case #: 21-11180, Categories: civil Rights, education, Due Process
J. McDonough grants summary judgment in favor of the city and the school resource officer, who allegedly used force to detain a middle-school student. The incident allegedly resulted in a cut on the student's chin, but the officer's actions were reasonable, as the student failed to follow his commands and pulled away when the officer attempted to grab his backpack.
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: June 1, 2023, Case #: 3:22cv139, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education
J. Conti declines to reconsider the decision allowing parents to sue a school district for allowing a teacher to present a mandatory transgender curriculum to her first grade class. The teacher, who allegedly told students to keep gender related conversations secret from their parents, is accused of "grooming" one child by encouraging him to wear dresses and drawing comparisons to her own first grader, who identifies as trans, and suggesting to students that parents sometimes make mistakes about gender. By introducing transgender curriculum to the classroom, the teacher was imposing her own agenda as opposed to teaching tolerance, and the school may have obstructed parental rights by adopting a "de facto policy" without notifying parents or allowing them to opt out of the particular agenda.
Court: USDC Western District of Pennsylvania, Judge: Conti, Filed On: May 31, 2023, Case #: 2:22cv837, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, Lgbtq
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J. Foote finds an Acadiana parish school board’s actions on racial desegregation over the last year — “sudden unexplained changes in positions and general obstructionism” — have “severely” undermined its bid to end nearly 60 years of court oversight. As a result of the board’s refusal to negotiate with Black plaintiffs, even on agreed-upon remedies to foster “graduation pathways,” the South Louisiana school district may not apply for an end to court-supervised racial desegregation until the fall of 2026.
Court: USDC Western District of Louisiana , Judge: Foote, Filed On: May 25, 2023, Case #: 6:65cv11314, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, Judiciary
J. Kleeh grants two West Virginia University School of Nursing professors and three administrators’ motion to dismiss a nurse’s civil rights suit challenging the school’s academic dishonesty policy on constitutional grounds after she was expelled from its Master of Science program. The court finds the university’s polices clearly put the nurse on notice that using outside sources such as Quizlet to complete an examination would be considered cheating, and she was given adequate process to challenge the dishonesty charge against her.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: May 25, 2023, Case #: 1:22cv65, NOS: Education - Civil Rights, Categories: civil Rights, education, Health Care
J. Hanisee finds a lower court erred in determining the New Mexico Human Rights Act does not apply to public schools after a teacher and Albuquerque’s school board were sued by a Native American student who said she was left feeling unwelcome in school following remarks by the teacher about Native Americans. The teacher and school officials argued the student did not bring a valid claim on the grounds that New Mexico public schools are not a “public accommodation” under the Act, but the “plain language” of the Act does refer to schools and a reading of precedent and past laws, including the 1955 Public Accommodations Act, shows that lawmakers intended to include schools. Reversed.
Court: New Mexico Court of Appeals, Judge: Hanisee, Filed On: May 23, 2023, Case #: A-1-CA-39732, Categories: civil Rights, education, Government
J. King finds the lower court improperly granted summary judgment to the concerned Asian American parents. The challenged admissions policy’s central aim is to equalize opportunity for Black and Latino students hoping to attend one of the nation’s best public schools disproportionately populated by Asian American and white students. The coalition failed to show how the Board discriminated against Asian American students by widening the net for students of all backgrounds. Reversed.
Court: 4th Circuit, Judge: King, Filed On: May 23, 2023, Case #: 22-1280, Categories: civil Rights, Constitution, education
J. Walker grants the Florida governor’s motion to dismiss this complaint challenging the constitutionality of a state Board of Education regulation regarding what educators are allowed to teach in school regarding controversial issues, such as race and sexuality. The group of plaintiffs, made up of a teacher and a student, have failed to establish standing to bring the claim. However, they are given leave to file an amended complaint.
Court: USDC Northern District of Florida, Judge: Walker, Filed On: May 19, 2023, Case #: 4:22cv166, NOS: Constitutionality of State Statutes - Other Suits, Categories: civil Rights, Constitution, education