44 results for 'cat:"Civil Procedure" AND cat:"Education"'.
J. Cogburn grants a school district’s motion to dismiss civil rights violations allegations brought against it by a student’s parents, who proceed pro se. According to federal civil procedure, the parents of a minor must name the child as the party of interest even if they are proceeding on the minor’s behalf. The parents in this case have failed to do so. Also, parents may not proceed pro se in federal court. However, the parents’ complaint is dismissed without prejudice.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: May 14, 2024, Case #: 3:24cv7, NOS: Education - Civil Rights, Categories: civil Procedure, Civil Rights, education
J. Sullivan finds that the district court properly dismissed disability discrimination claims brought after a student who has "Asperger's Syndrome" was told to stay away from three classmates following an incident during freshman orientation. Precedent holds that emotional damages are not available under the disabilities act, and the claims could not be reframed as economic absent a contract breach. Meanwhile, the request for declaratory and injunctive relief was moot because the student had graduated. Affirmed.
Court: 2nd Circuit, Judge: Sullivan, Filed On: May 10, 2024, Case #: 23-1217, Categories: civil Procedure, Ada / Rehabilitation Act, education
Per curiam, the circuit finds that the district court properly dismissed Title IX claims stemming from Columbia University's investigation of a sexual assault reported against a coed by another student. The coed's "deliberate indifference" charge failed in light of university protocols for handling allegations of peer harassment, and while she may have advocated for different procedures, Title IX did not give her the right to make particular remedial demands. Meanwhile, the court did not abuse its discretion in denying her third attempt to amend and dismissing her claim with prejudice. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 7, 2024, Case #: 23-960-cv, Categories: civil Procedure, Civil Rights, education
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J. Easterbrook finds that the lower court improperly found for the university on a male student's sex discrimination claims stemming from its investigation of sexual assault claims against him. The student never explained what remedy he seeks, and this suit is not a live claim unless compensatory damages are available for him. Further, it remains a question whether the student is entitled to proceed anonymously in this case, as the lower court must conduct a hearing on whether the revelation of the student's name will also identify his alleged victim. Vacated.
Court: 7th Circuit, Judge: Easterbrook, Filed On: May 3, 2024, Case #: 22-2925, Categories: civil Procedure, Civil Rights, education
Per curiam, the appellate division finds that the lower court properly permitted a victim of child sexual abuse to refile his claim with a request for punitive damages. The Child Victims Act creates a two-year revival window for previously time-barred abuse claims, such as the victim's being abused by multiple teachers at his school. Claim revival statutes like this do not violate due process so long as they are enacted as a reasonable response. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02339, Categories: civil Procedure, education
Per curiam, the appellate division finds that the lower court improperly dismissed a contract and negligent hiring suit filed by the family of a student against a teacher who bullied him on a school trip. A claim should be read liberally at this early stage in the proceedings, and the various theories were not necessarily duplicative of one another. For example, the cause alleging unjust enrichment was based on the parents' having paid fees for the school trip, which can be dismissed without affecting the negligent hiring charge. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02341, Categories: civil Procedure, education, Contract
Per curiam, the appellate division finds that the lower court improperly set aside a jury verdict finding that a physician who treated the decedent had committed medical malpractice. Failing to send the decedent to the emergency room was a clear departure from the standard of care. The jury had ample evidence to find this, given that the decedent would not have committed suicide that day had he been admitted to the hospital. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02340, Categories: civil Procedure, education
J. Iannacci finds that the lower court properly found that the Education Law's notice of claim requirements do not apply to charter schools. A mother sued the charter school for a bullying incident where her special needs daughter was pushed to the floor, injuring her elbow. The mother was not required to serve a notice of claim on the school before filing this tort action. "Neither the public character nor the purpose of charter schools renders them equivalent to a school district for purposes of invoking the protections of notice of claim statutes." Affirmed.
Court: New York Appellate Divisions, Judge: Iannacci, Filed On: April 24, 2024, Case #: 02205, Categories: civil Procedure, education, Tort
J. Eifert grants the university's motion for a protective order relating to to the deposition of the university’s president in a student's civil rights suit claiming the university retaliated against her by charging her with violating the Student Code of Conduct for underage drinking after she reported being sexually assaulted by a fellow student at an off-campus watch party. Since she has not shown any "special, additional, or unique information" the president may have on how the university has implemented Title IX polices aside from what others in his administration provided, the court prohibits the student from taking his deposition.
Court: USDC Southern District of West Virginia, Judge: Eifert, Filed On: April 17, 2024, Case #: 3:22cv532, NOS: Education - Civil Rights, Categories: civil Procedure, Civil Rights, education
Per curiam, the court of appeals finds the administrative employees are not entitled to a writ of mandamus to invalidate the policy that led to their terminations. Although the school board's policy did not contain a "detailed list of criteria," it met statutory requirements and was justified in light of budgetary constraints faced by the district.
Court: Ohio Court Of Appeals, Judge: Per curiam, Filed On: April 11, 2024, Case #: 2024-Ohio-1542, Categories: civil Procedure, education, Employment
J. Papillion grants a university's motion to dismiss the age discrimination complaint against the president-chancellor and other college officials by an 82-year-old white, formerly tenured associate professor. The professor alleges the reasons for his firing - student complaints of allegedly racist and sexually inappropriate comments in class - are a pretext for age bias. Supervisors cannot be held individually liable under federal age discrimination law, and he has not exhausted his administrative remedies for his claims against the school.
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: March 21, 2024, Case #: 2:23cv1423, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, education, Employment Discrimination
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. Mackey finds that the lower court properly dismissed claims challenging the state formula for calculating per-pupil "basic tuition" owed to New York City charter schools by the city and school district for the 2021-22 school year because judicial review of administrative decisions must be filed within four months of the determination. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: February 29, 2024, Case #: CV-23-0383, Categories: civil Procedure, education
J. Bucklo rules on 20 separate motions in limine from a parent who says Chicago public school officials beat her son, and on nine separate motions in limine from the public school system itself, as the case moves closer to a possible trial.
Court: USDC Northern District of Illinois, Judge: Bucklo, Filed On: February 15, 2024, Case #: 1:19cv775, NOS: Other Statutory Actions - Other Suits, Categories: civil Procedure, education, Emotional Distress
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
[Consolidated.] J. Bradberry finds that the trial court properly granted the exception of res judicata filed by the medical parties in the doctor's suit alleging the "bad faith release" of confidential information in his medical school residency file. The judgment in the federal court suit barred the doctor's claims in the subsequent lawsuit, which involves the same parties and same cause of action. The medical parties are awarded $7,500 in attorney fees for defending the frivolous appeal. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Bradberry, Filed On: January 31, 2024, Case #: CA-23-353, Categories: civil Procedure, education, Due Process
J. Ceresia finds that the lower court properly dismissed a guardian's petition challenging the decision that her disabled niece was ineligible to attend New York City schools since they had lived in the Bahamas at times because the complaint was not properly served. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: January 4, 2024, Case #: 536111, Categories: civil Procedure, 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. 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. Garry finds that the lower court properly outlined the procedure to be followed upon remittal of claims in which parents who live outside the city challenge the state aid formula utilized in ensuring that all children receive a constitutionally guaranteed "sound basic education." The court was allowed to consider long-running litigation during the "remedial phase" of developing a model that will apply elsewhere in the state. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: November 9, 2023, Case #: 535287, Categories: civil Procedure, education