220 results for 'cat:"Civil Rights" AND cat:"Education"'.
J. Moulton finds that the lower court improperly dismissed a youth-led organization's claim that the state and city actors in charge of New York City's public school system have denied Black and Hispanic students students their constitutional right to a basic education. Although the facts supporting an implication of discriminatory intent are not fully developed, claimants deserve the benefit of the doubt that they could be able to establish the truth before a judge. The disparate impact on students is clearly severe and undisputed, and the lack of other facts is understandable at this time since discrimination is rarely admitted. Reversed.
Court: New York Appellate Divisions, Judge: Moulton, Filed On: May 3, 2024, Case #: 02369, Categories: civil Rights, education
J. Parker grants the school system's summary judgment motion in this lawsuit brought by a teacher asserting claims under Title VII and the Tennessee Human Rights Act for discrimination, sexual harassment and retaliation. Certain discrete claims of harassment are time-barred, and her hostile work environment claim is not supported by the allegations.
Court: USDC Western District of Tennessee , Judge: Parker, Filed On: April 29, 2024, Case #: 2:22cv2346, NOS: Employment - Civil Rights, Categories: civil Rights, education, Employment Discrimination
J. Estudillo denies the high school student default judgment for his complaint accusing the school district of not taking enough action to stop a fellow student from saying homophobic slurs to the high school student, who is queer and gender fluid. The high school student does not adequately allege that the school district did not provide him services comparable to non-disabled students, because it is possible that the school district fails to stop all bullying regardless on the protected class status of the victim.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: April 29, 2024, Case #: 3:23cv5717, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: civil Rights, education
Per curiam, the circuit finds the district court properly denied the parents' motion to amend or correct the dismissal of their claims against a school district after their son, who suffers from cerebral palsy, was allegedly injured by a district employee who helped him use the bathroom on a school trip. The education and disability claims were dismissed for lack of subject matter jurisdiction. The parents fail to show the court made a cognizable “mistake” of law under the cited rule of civil procedure. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 29, 2024, Case #: 23-40474, Categories: civil Rights, education, Negligence
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J. Copenhaver grants the Board of Education's motion to dismiss the elementary school counselor’s suit claiming the Board violated her right to freedom of speech and the West Virginia Whistleblower Act. The counselor alleged the Board and school officials took retaliatory action against her by, among other things, formally reprimanding her and removing her as the coordinator of the standardized test after she expressed concerns to school officials as well as gave an interview to a Charleston television station about the resumption of a national standardized test to occur on school premises in April 2021 during the Covid-19 pandemic. The court finds since her pleading is grounded in her capacity as a public employee and not a private citizen, she has failed to state a claim on which relief can be granted, and the Board's interest in effectively and efficiently administering the standardized test outweigh the counselor's public airing of her concerns.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: April 26, 2024, Case #: 2:23cv314, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, Covid-19
J. Easterbrook finds that the lower court improperly found for the school in a Title IX sex discrimination suit filed by a male medical student who was found to have physically abused a female student off-campus. The medical student was not expelled until he applied to the university's business school and described his mere suspension as an "exoneration," which the dean of the medical school found to be a falsification. The male student should have been given notice and an opportunity to defend himself before summary expulsion. However, in order to continue with this suit, the male student must disclose his full name, as he is neither a minor nor at risk of improper retaliation. Vacated.
Court: 7th Circuit, Judge: Easterbrook, Filed On: April 25, 2024, Case #: 22-1576, Categories: civil Rights, education
J. Jackson finds a lower court properly dismissed a father's civil rights claims against a housing authority. The father argued that he was entitled to welfare priority benefits to send his children to a Muslim school. However, the local borough sufficiently showed in court that the housing authority is only obligated to place children is schools in a nearby location, where education is free. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Jackson, Filed On: April 24, 2024, Case #: CA-2023-577, Categories: civil Rights, education
J. McShane finds in favor of the nonprofit association against the student's complaint that the association wrongfully denied him a fifth-year hardship waiver to play football during his final year of high school, even though the student had several mental health disabilities including depression, post-traumatic stress disorder, oppositional defiance disorder and ADHD. The student did not have an individualized education plan and thus did not require the waiver, because the student had education success plans all throughout his high school education, and he does not present any evidence that the available academic support systems were insufficient in helping him graduate.
Court: USDC Oregon, Judge: McShane, Filed On: April 18, 2024, Case #: 6:22cv1228, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: civil Rights, Ada / Rehabilitation Act, education
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
J. Kahn preserves a high school student’s equal protection claim against his school’s varsity baseball coach, who allegedly denied him a spot on the team on the basis that he is biracial. The litigant, in an attempt to establish an inference of discrimination, proffered a selection of white players who were selected for the team despite lower athletic scores, but the court is unable to conclude whether those players are sufficiently comparable and leaves that question to a jury. The court dismisses the district’s superintendent and athletics director from the case, finding they were not personally involved in the decision not to select him for the team.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: April 17, 2024, Case #: 1:22cv756, NOS: Education - Civil Rights, Categories: civil Rights, education, Equal Protection
J. Heytens finds the lower court improperly granted summary judgment to the state on a Title IX claim. The state claimed its law establishing that athletic teams or sports designated for females, women or girls shall not be open to students of the male sex, defined as an individual whose biological sex determined at birth is male, didn't violate Title IX because it gave the eight-grade transgender girl the option to still participate in sports so long as it was with the boys team. Requiring the girl to countermand her social transition, her medical treatment and all the work she has done with her schools, teachers and coaches for nearly half her life by introducing herself to teammates, coaches and even opponents as a boy is unreasonable. Reversed.
Court: 4th Circuit, Judge: Heytens, Filed On: April 16, 2024, Case #: 23-1078, Categories: civil Rights, education, Injunction
J. Pritzker finds that a college student was properly found guilty of violating the school code of conduct concerning sexual interactions with a fellow coed, resulting in disciplinary dismissal, because evidence supported the finding of sexual misconduct, and the student's expulsion was not disproportionate to the offense. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: April 11, 2024, Case #: CV-23-0480, Categories: civil Rights, education
J. Fowlkes grants the defendant charter school's dismissal motion in this lawsuit alleging that a student's rights were violated by the restrictions placed on his attendance following an incident in which he was falsely accused of making "threatening calls." The parents' Title IX claim fails, as they only provide a "conclusory allegation of gender discrimination." The court also denies the parents' motion to amend as futile.
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: April 11, 2024, Case #: 2:23cv2393, NOS: Education - Civil Rights, Categories: civil Rights, education
J. Reidinger denies the University of North Carolina’s motion to stay pending appeal in this ongoing litigation involving a male student accused of sexually assaulting four female students. The male student claims he was falsely accused and a victim of gender discrimination after the university revoked his scholarship and expelled him. Previously, the university’s motion to dismiss the student’s claims were partially denied, specifically because the university failed to establish immunity at this stage in relation to the discrimination claims. Therefore, a stay pending appeal is not warranted.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: April 10, 2024, Case #: 1:23cv41, NOS: Education - Civil Rights, Categories: civil Rights, education, Assault
J. Crenshaw grants in part and denies in part the competing motions for summary judgment in this lawsuit concerning a transgender high school student's desire to "try out for the boy's golf team." The student's complaint brings an as-applied challenge to the state's Gender in Athletics Law and the county's revised athletics policy. The court concludes that the rules, as applied to the student, violate the equal protection clause, though they do not violate Title IX. Accordingly, the student will be granted injunctive relief and permitted to try out for the team.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: March 29, 2024, Case #: 3:21cv835, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education
J. Russell partially grants the school resource officer's dismissal motion in this lawsuit brought by high school students alleging that they were subjected to sexual harassment by an assistant basketball coach and that the officer knew about the inappropriate behavior. The official capacity claims against him are dismissed, along with the students' substantive due process claims. However, their equal protection claim based on an alleged "failure to report or investigate" survives against the officer.
Court: USDC Northern District of Oklahoma , Judge: Russell, Filed On: March 29, 2024, Case #: 4:21cv240, NOS: Education - Civil Rights, Categories: civil Rights, education
J. Thacker finds that the lower court improperly denied the private school's motion to dismiss a student's civil rights suit. A student who suffered from sexual harassment and bullying sought to sue her private Christian school for violating Title IX of the Education Amendments of 1972. A tax exemption is not the same as receiving federal financial assistance, making the school not subject to Title IX. Reversed.
Court: 4th Circuit, Judge: Thacker, Filed On: March 27, 2024, Case #: 23-1453, Categories: civil Rights, education, First Amendment
J. Whitney partially grants a county board of education’s motion to dismiss allegations of violations of the Americans with Disabilities Act and other protections after a student was recommended for homebound education. The student’s school removed him after a disability-related behavioral incident, and would not allow him to return, recommending homebound education. His parents sought private education and now sue the board for compensation. However, the school’s decision not to allow the student’s return does not constitute a violation of the ADA or other laws.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: March 27, 2024, Case #: 3:23cv139, NOS: Education - Civil Rights, Categories: civil Rights, Ada / Rehabilitation Act, education
J. Higginbotham finds the district court improperly found for a school district on a hearing-impaired student's allegations it failed to properly accommodate her with interpretation services, as required by the Americans with Disabilities Act. The district court misinterpreted the guiding case law, essentially discharging the school district's duties under the ADA without judicial review. The ADA claim is not precluded by proceedings before the Texas Education Agency, and the cited case shows she was not required to exhaust her Individuals with Disabilities Education Act claim in order to pursue her separate ADA claim. Vacated.
Court: 5th Circuit, Judge: Higginbotham , Filed On: March 26, 2024, Case #: 22-50854, Categories: civil Rights, education
J. Kleeh grants in part the university's and several professors' motions to dismiss a fellow Department of Public Administration professor's religious and national origin discrimination suit. In addition to 42 U.S.C.§ 1981 not affording protection against discrimination based on national origin or religion, the court grants the professors' motion in both their individual and official capacities in counts five and six of the complaint. On the similar claims in counts one and two under Title VII of the 1964 Civil Rights Act, the court grants the university's motion to strike references to the professor's 2017 denial of tenure and allegations predating Nov. 20, 2020, but denies it to strike his allegation the Department Faculty Evaluation Committee denied his promotion to full professor in 2023.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: March 26, 2024, Case #: 1:22cv153, NOS: Employment - Civil Rights, Categories: civil Rights, education, Employment Discrimination
[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. Lindsay enters judgment in favor of a Long Island public school district’s dean of students on a high schooler’s unlawful search and seizure claim and dismisses the complaint in its entirety. The court rules the dean had sufficient cause to perform a search on the student’s person on suspicion that he was in possession of THC vaping products and that the search was reasonable, unpersuaded by the student’s description that it was more of an invasive strip search. His other claims were considered abandoned.
Court: USDC Eastern District of New York, Judge: Lindsay, Filed On: March 22, 2024, Case #: 2:21cv63, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education
J. Kobes finds a lower court properly dismissed a school district's denial of a child's parents' request for instruction outside of regular hours. The school district argued that it was not obligated to provide the child, who suffers from epilepsy and seizures, with evening instructions after it had already established an individual education program on her behalf. However, the parents sufficiently showed in court that the district failed to provide the child with free appropriate education by denying a customized educational plan based on her inability to attend school before noon, when her seizures are most frequent. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: March 21, 2024, Case #: 22-2137, Categories: civil Rights, Ada / Rehabilitation Act, education