6 results for 'cat:"Civil Rights" AND cat:"Education" AND cat:"Tort"'.
[Consolidated.] J. Flanagan grants a former student his motion to certify this case for appeal after the court dismissed North Carolina State University from the student’s suit accusing the school and a sports medicine doctor of sexual abuse. According to federal civil rights law, an allegation of sexual grooming behavior on its own does not establish notice to the university of sexual harassment. However, because in this case a jury could reasonably judge that the university should have taken responsibility for the doctor’s behavior, of which it was aware, this is enough to certify the case for appeal.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 25, 2024, Case #: 5:22cv344, NOS: Education - Civil Rights, Categories: civil Rights, education, tort
J. Rodriguez partially grants Kerrville Independent School District’s motion for summary judgment after it was sued by a former student alleging that she was sexually abused during her time at the school district. While the student may overall proceed with her lawsuit, she has not adequately alleged some negligence claims against the school district, including for failure-to-train, because there is a genuine dispute as to whether school officials “actually knew that there was a substantial risk that sexual abuse would occur.”
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: November 30, 2023, Case #: 5:21cv369, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, tort
J. Dever grants the natural guardians of a disabled minor child their motion for partial summary judgment against a school board after the child’s educational assistant was convicted for assaulting her. The assistant, who was hired to support the non-verbal child with all tasks, reportedly beat her behind the cafeteria with a metal serving spoon so severely that the spoon bent. The board made several defenses including statute of limitations and immunity. Under the federal civil rights code the guardians invoke, the board is able to be sued just like a municipality and can therefore not use an immunity defense. Also, the guardians brought this litigation well within the statute of limitations and are thus allowed to proceed.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: November 27, 2023, Case #: 5:23cv243, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, tort
J. Dugan rules a former student may pursue deliberate indifference claims against a school district. The former student sufficiently showed in court that the district failed to prevent school employees, several teachers and coaches, from engaging in sexually inappropriate behavior toward female students, which included rape and other forms of sexual abuse.
Court: USDC Southern District of Illinois, Judge: Dugan, Filed On: September 25, 2023, Case #: 3:22cv2727, NOS: Education - Civil Rights, Categories: civil Rights, education, tort
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J. Mazzant grants dismissal to the school district and individual defendants in a suit involving alleged physical abuse of a middle school student who had been asked to leave the classroom to calm down after exhibiting "negative behaviors." The state law claims are dismissed for multiple reasons, including lack of jurisdiction and governmental immunity. The Section 1983 due process claim is dismissed for failure to state a claim.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: August 18, 2023, Case #: 4:22cv821, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, tort