16 results for 'cat:"Civil Rights" AND cat:"Constitution" AND cat:"Education"'.
J. Du grants the school district's motion to dismiss a guardian and minor's constitutional and state law negligence claims regarding alleged hazing, harassment, sexual assault and discrimination by players on a high school baseball team. The parties have not adequately alleged a policy that amounts to deliberate indifference to the minor’s constitutional rights and was the moving force behind any purported violations.
Court: USDC Nevada, Judge: Du , Filed On: February 15, 2024, Case #: 3:23cv229, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, 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. 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
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J. Willett finds the district court properly granted summary judgment to the school district and a resource officer who tased a special-needs student, who physically fought with school staff while attempting to leave school following a violent episode. Though, based on recent Supreme Court precedent, the court incorrectly subjected the disability discrimination claims to administrative exhaustion, the student’s mother has not shown that the officer intentionally discriminated based on the student’s disability. Affirmed.
Court: 5th Circuit, Judge: Willett, Filed On: August 28, 2023, Case #: 21-20671, Categories: civil Rights, constitution, education
J. Wardlaw finds that the district court properly issued an order preliminarily enjoining Idaho’s Fairness in Women’s Sports Act , which is a ban on the participation of transgender individuals in women’s student athletics. The district court did not abuse its discretion when it found that the athletes were likely to succeed on the merits of their claim that the Act violates the Equal Protection Clause of the Fourteenth Amendment. Affirmed.
Court: 9th Circuit, Judge: Wardlaw, Filed On: August 17, 2023, Case #: 20-35813, Categories: civil Rights, constitution, education
J. Willett finds the district court improperly denied the school district’s motion to dismiss the federal civil rights claim brought by the parents of a disabled student who was sexually assaulted by another student. The Fifth Circuit has never adopted a state-created danger exception to the “no duty to protect” rule, asserting that “never-established right cannot be a clearly established one.” The parents can still seek redress under their Title IX claim, which has been stayed pending this interlocutory appeal. Reversed and remanded with instructions to dismiss the civil rights claim.
Court: 5th Circuit, Judge: Willett, Filed On: July 14, 2023, Case #: 21-20553, Categories: civil Rights, constitution, education
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
J. Stadtmueller finds partially in favor of the school district in a lawsuit alleging two Black girls were the targets of pervasive physical and verbal racist harassment at the district’s elementary, middle and high schools which the district did not do enough to investigate or remedy, including being called the “N-word” and bullied with racist stereotypes about Black people. Many of the incidents cited could be found by a reasonable jury to be racist in nature, including several instances of peer-to-peer bullying about the girls’ appearance and school officials’ handling of an incident in which the younger girl brought a toy airsoft gun on the bus and received a one-day suspension. However, because the record shows school officials adequately responded to the younger girl’s cases, the district is granted summary judgment on her Title VI deliberate indifference claims, but that motion is denied as to the older girl’s corresponding claims. The younger girl’s Title VI disparate treatment claim over the airsoft gun incident will proceed, as the record shows her discipline for that may have been harsher and shaped by her race. Fourteenth Amendment claims against an intermediate school principal are unsupported by evidence and dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: May 17, 2023, Case #: 2:21cv1284, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, education