6 results for 'cat:"Civil Rights" AND cat:"Education" AND cat:"Jurisdiction"'.
J. Carter dismisses the parent's federal claims alleging that the school district's staff retaliated against the child, then a first grader, for drawing a picture with the phrase "Black Lives Matter" in black marker and "any life" beneath that sentence in lighter marker before sharing it with a classmate. The federal claims are dismissed because discipline about what is appropriate to say or do in school belongs in the hands of teachers instead of federal courts, and the parent's two other claims arise under California law.
Court: USDC Central District of California, Judge: Carter, Filed On: February 22, 2024, Case #: 8:23cv306, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, jurisdiction
Per curiam, the circuit finds the district court improperly found for the university on the student's Rehabilitation Act claims, in which she says she says the school failed to accommodate her depression and post-traumatic stress disorder with extended time for assignments and exams. Though the court properly granted summary judgment on other claims on grounds of sovereign immunity, the student's initial state court suit was refiled as this federal suit before the state appellate court’s plenary power expired and within the 60-day grace period. Reversed.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 15, 2024, Case #: 22-10013, Categories: civil Rights, education, jurisdiction
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. 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
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J. Kobayashi partially grants summary judgment to the Hawaii State Department of Health employees in this lawsuit alleging violations of the Individuals with Disabilities Education Act and the Rehabilitation Act, as well as medical malpractice, stemming from an alleged change in the son's educational placement. As to the parents' claim under IDEA, they failed to exhaust their administrative remedies, and in any event, the Department of Education is responsible for a "free appropriate public education." The court also declines to exercise jurisdiction over their medical malpractice claim.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: August 21, 2023, Case #: 1:21cv455, NOS: Education - Civil Rights, Categories: civil Rights, education, jurisdiction