7 results for 'cat:"Civil Rights" AND cat:"Education" AND cat:"Immunity"'.
J. Biggs partially denies the University of North Carolina’s motion for summary judgment following claims of racial discrimination brought by a Ph.D. candidate. Specifically, the candidate, a Black man, claims his dissertation committee plagiarized his work and re-attributed it to another student and did not behave this way with other candidates of different races. There is enough evidence to call the university and committee into question such that qualified immunity is suspended at this time.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 15, 2024, Case #: 1:20cv1050, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, immunity
J. Wilson finds that East Stroudsburg University is not protected from accountability for allegedly refusing to expel a resident advisor who raped a 17-year-old freshman by using his master key to forcibly enter her dorm room, where she had barricaded herself to escape his physical abuse. Portions of the complaint were untimely, but the 2019 amendment to the state tolling provision "expanded the existing tolling period that applied to individuals under the age of eighteen bringing civil actions arising from childhood sexual abuse from twelve years after attaining the age of majority to thirty-seven years."
Court: USDC Middle District of Pennsylvania, Judge: Wilson, Filed On: November 13, 2023, Case #: 3:22cv1690, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, immunity
J. Wormuth grants a public school teacher’s leave to file an answer after he was sued by a former student for allegedly sexually grooming her and otherwise violating her civil rights — conduct that led to a criminal charge against the teacher for sexual contact with a minor. The teacher has shown “excusable neglect” for failing to timely file, and besides this court prefers to “decide claims on their merits rather than on pleading technicalities” — though he may not assert new qualified immunity defenses, as he has not done so before and his delay on that front is not excusable.
Court: USDC New Mexico, Judge: Wormuth, Filed On: July 28, 2023, Case #: 2:20cv276, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, immunity
J. Wormuth grants a public school teacher’s leave to file an answer after he was sued by a former student for allegedly sexually grooming her and otherwise violating her civil rights. The teacher has shown “excusable neglect” for failing to timely file, and besides this court prefers to “decide claims on their merits rather than on pleading technicalities” — though he may not assert new qualified immunity defenses, as he has not done so before and his delay on that front is not excusable.
Court: USDC New Mexico, Judge: Wormuth, Filed On: July 28, 2023, Case #: 2:21cv574, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, immunity
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J. Chambers denies the school garage parts supervisor's motion for summary judgment on the remaining count of civil conspiracy in a couple’s civil rights suit claiming the supervisor improperly influenced sheriff deputies’ investigation into missing parts at the bus garage that resulted in their suspension and arrest for embezzlement. The court finds the supervisor is not entitled to qualified immunity since “it is clearly established beyond debate that government employees may not subject individuals to malicious prosecution, false arrest or imprisonment, or unreasonable searches and seizures.”
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: July 6, 2023, Case #: 3:20cv423, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, immunity