19 results for 'cat:"Education" AND cat:"Emotional Distress"'.
J. Reeves finds for school defendants in false imprisonment claims because evidence does not indicate a teacher forcibly restrained a student, and dismisses disability discrimination claims brought against school staff as redundant to discrimination claims brought against the school. Claims contending a student suffered emotional distress after hearing the teacher use the N-word should also be dismissed. While the teacher's use of "an insensitive and blatantly racist word" would be inappropriate even if used for educational purposes, as claimed by the teacher, "outrageous conduct requires conduct so extreme in degree as to be regarded as atrocious." Here, the teacher had asked if anyone in the class was African American, and the student declined to raise her hand for feeling "embarrassed" and "singled out," and he contends she contends the word had been used in an educational context.
Court: USDC Eastern District of Kentucky, Judge: Reeves, Filed On: May 10, 2024, Case #: 2:23cv151, NOS: Education - Civil Rights, Categories: Ada / Rehabilitation Act, education, emotional Distress
J. Ballou denies the university's motion to dismiss. The former student claims that she suffered sexual abuse at the hands of a university professor and that the university breached its duties under Title IX to investigate her complaints. The university eventually began an investigation under Title IX which ultimately led to the professor resigning, but the investigation took nearly 500 days to complete.
Court: USDC Western District of Virginia, Judge: Ballou, Filed On: March 29, 2024, Case #: 3:23cv18, Categories: education, emotional Distress
J. Daniel partially grants Loyola University’s motion to dismiss a Title IX suit brought by a group of students who say the university mishandled and underreported their claims of sexual harassment on campus. The students’ complaint also accuses the university of failing to prevent sexual assault by repeat offenders and publishing false campus sexual assault statistics, and brings claims for fraud, premises liability, contract breach, negligence, emotional distress and violations of the Illinois Preventing Sexual Violence in Higher Education Act. The court dismisses all of these counts as well as a Jane Doe’s Title IX claims, citing, among other arguments, a lack of evidence and failure to state a claim. The remaining plaintiffs’ Title IX claims survive.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: March 18, 2024, Case #: 1:22cv6476, NOS: Education - Civil Rights, Categories: Civil Rights, education, emotional Distress
J. Gorton allows the majority of claims against public school district officials, teachers and a town to be dismissed. One teacher repeatedly physically and emotionally abused her very young, disabled students, and two of her students demonstrated the severity and long-lasting impact of the abuse enough to prevent the dismissal of their claims for intentional infliction of emotional distress. Other suing students did not show the severity necessary to support their intentional infliction of emotional distress claims. Additionally, the other teachers, officials and the town are not shown to have been responsible for the abuse.
Court: USDC Massachusetts, Judge: Gorton, Filed On: March 4, 2024, Case #: 1:23cv11170, NOS: Other Civil Rights - Civil Rights, Categories: education, emotional Distress, Assault
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Bucklo rules on 20 separate motions in limine from a parent who says Chicago public school officials beat her son, and on nine separate motions in limine from the public school system itself, as the case moves closer to a possible trial.
Court: USDC Northern District of Illinois, Judge: Bucklo, Filed On: February 15, 2024, Case #: 1:19cv775, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, education, emotional Distress
J. Trauger grants the two dismissal motions filed in this lawsuit brought by a former fraternity pledge who alleges that he was subjected to racial discrimination and "intense hazing." As to one of the fraternity members, there are no facts alleged to show that he "participated in tortious conduct." Another is alleged to have "regularly used racial slurs," but the complaint fails to show that the member "breached a duty to the plaintiff or caused him serious emotional injury."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: January 8, 2024, Case #: 3:22cv808, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Rights, education, emotional Distress
J. Mahan denies the school district's motion to dismiss the claims of intentional infliction of emotional distress filed by the parent of an autistic 5-year-old. A teacher's assistant allegedly witnessed a teacher abusing the special education student on many occasions, and the teacher allegedly locked the child in a darkened bathroom for singing a nursery rhyme, regularly left students unattended, used corporal punishment and pain-compliance techniques, and modified her classroom door so that it could not be opened by the students.
Court: USDC Nevada, Judge: Mahan , Filed On: December 18, 2023, Case #: 2:23cv564, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, education, emotional Distress
J. Martin finds for a high school accused of failing to take appropriate action after a coach struck a student in the face during wrestling practice. The principal, who barred the coach from working at the high school but not from coaching at wrestling camp, lacked authority to institute a policy, and slapping the student had not violated the student's constitutional rights.
Court: USDC Northern District of Indiana, Judge: Martin , Filed On: October 13, 2023, Case #: 2:21cv219, NOS: Education - Civil Rights, Categories: education, Negligence, emotional Distress
J. Nagala denies the boarding school's motion for summary judgment, ruling it could be held liable for the sexual assaults on the student by its dean because it was aware the dean would give physical displays of affection and had access to students as a dorm parent and coach, while the school's administrators also allegedly failed to properly investigate claims of assault when they were first made.
Court: USDC Connecticut, Judge: Nagala, Filed On: October 2, 2023, Case #: 3:20cv1822, NOS: Other Personal Injury - Torts - Personal Injury, Categories: education, Negligence, emotional Distress
J. Daniel partially grants multiple Chicago school board employees’ motion to dismiss a Black parent’s civil rights suit. The parent claims her child was a victim of bullying at a Chicago public elementary school, and that school staff made the situation worse after he fought back against his bully by screaming at the boy and forcing him outside the school on a day when the temperature hovered near freezing. The court dismisses the school counselor as a defendant, and also dismisses the parent’s 14th Amendment and state law assault claims against the school principal and security officer. The rest of the suit stands.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: October 2, 2023, Case #: 1:19cv6477, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, education, emotional Distress
J. Jackson finds for the district on a mother's Title IX and intentional infliction of emotional distress claims on behalf of her daughter, who was sexually assaulted by a student at her high school. She fails to show her daughter suffered adverse reactions due to her protected conduct, or that the principal's conduct following their report of the assault was intentional or reckless.
Court: USDC District of Columbia, Judge: Jackson, Filed On: September 14, 2023, Case #: 1:18cv2181, NOS: Other Statutory Actions - Other Suits, Categories: Civil Rights, education, emotional Distress
J. Dugan finds a former high school student may pursue sex discrimination claims against a school district. The former high school student, a varsity volleyball player, sufficiently presented evidence in court that the coach forced the athletes to engage in "demoralizing and degrading activities," including being subjected to "spanking machines," and then "scolded" them for reporting the abuse.
Court: USDC Southern District of Illinois, Judge: Dugan, Filed On: July 31, 2023, Case #: 3:22cv1962, NOS: Education - Civil Rights, Categories: Civil Rights, education, emotional Distress
J. Guerrero finds the appellate court improperly found evidence surrounding a previous molestation of Doe to be admissible in this suit seeking to recover emotional distress damages for sexual abuse committed by her 4th grade teacher when she was 8 years old. Cited evidence code may permit evidence that would otherwise be excluded, though admissibility is subject to scrutiny for relevance. Code governing relevance is designed to protect against unwarranted intrusion into the private life of a sexual assault claimant by identifying and circumscribing evidence intended to attack credibility, and the trial court must undertake proper proceedings under this code. Reversed.
Court: California Supreme Court, Judge: Guerrero , Filed On: July 27, 2023, Case #: S272166, Categories: education, Evidence, emotional Distress
J. Novak partially denies the university's motion to dismiss because the alumni, who sued for discrimination after a librarian called him out for saying racial remarks to an employee, properly asserted a state law cause of action. The alumni's claim that the university violated the internal reporting requirements takes issue with the conduct of state employees carrying out their duties with a public university.
Court: USDC Eastern District of Virginia, Judge: Novak, Filed On: June 21, 2023, Case #: 3:23cv328, NOS: Education - Civil Rights, Categories: education, emotional Distress
J. Aspen partially grants a music college’s motion for summary judgment on a former student’s Title IX claims against it, likewise partially grants the student’s motion to exclude the college’s expert testimony, and fully denies the college’s motion to bar the former student’s own expert witness. The former student claims the college’s staff was intentionally indifferent to several incidents of sexual assault and harassment she reported, and in fact retaliated against her for raising the issue. The court allows her deliberate indifference claims to proceed but finds she has not sufficiently alleged her retaliation claim. The former student’s expert witness may also offer testimony in full, while a portion of the college’s own expert report cannot be broached at trial.
Court: USDC Northern District of Illinois, Judge: Aspen, Filed On: June 5, 2023, Case #: 1:19cv5683, NOS: Education - Civil Rights, Categories: education, emotional Distress, Experts