38 results for 'cat:"Education" AND cat:"First Amendment"'.
J. Chun declines to dismiss the school faculty member's retaliation claim in his complaint alleging that the university president wrongfully fired the faculty member for putting a statement in his class syllabus, emails and outside his faculty office door about the Coast Salish tribe's claim to land that read, "I acknowledge that by the labor theory of property the Coast Salish people can claim historical ownership of almost none of the land currently occupied by the University of Washington." The school faculty member plausibly alleges a First Amendment retaliation claim as his speech “related to scholarship or teaching." While the university and its president cite the "Johnson v. Poway Unified School District" decision that allows discipline of speech on school grounds, that case's analysis focuses on secondary school education, not college education.
Court: USDC Western District of Washington, Judge: Chun, Filed On: May 3, 2024, Case #: 2:22cv964, NOS: Other Civil Rights - Civil Rights, Categories: education, Employment Retaliation, first Amendment
J. Carson finds that the lower court properly issued a preliminary injunction against a school district after it sought to restrict an advocate's access to school district facilities and volunteer work. The school district issued the restrictions after the advocate criticized certain people in the district and wanted change, but his criticisms fell under the protections of the First Amendment. The school district's actions against him, as a result, constituted retaliation against free speech. Affirmed.
Court: 10th Circuit, Judge: Carson , Filed On: April 30, 2024, Case #: 23-1000, Categories: education, first Amendment, Injunction
J. Kennelly partially grants a former Chicago public school student’s motion for class certification, for all students who “participated in the Quiet Time program in Chicago Public Schools during Chicago Public School’s academic calendar” between 2015 and 2019, and turned 18 on Jan. 13, 2021, or later. The court finds the student has sufficiently alleged the public school system’s “Quiet Time” program had “hidden” Hindu religious elements, such as chanting Sanskrit mantras that honored Hindu deities.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: April 19, 2024, Case #: 123cv218, NOS: Other Civil Rights - Civil Rights, Categories: education, Class Action, first Amendment
J. Young enters judgment in favor of University of Massachusetts officials against an RA who acted sexually inappropriately towards female college students and then sued the university after it took disciplinary action against him, including requiring him to take a remedial behavior class, forbidding him from contacting the victims and banning him from campus housing. While sharing unpopular opinions is sometimes necessarily permitted in university settings for educational discourse, universities also have a duty to protect their students from the misconduct of other students. The RA also touched at least one female student in a way that was unwanted when he touched her feet without consent.
Court: USDC Massachusetts, Judge: Young, Filed On: April 9, 2024, Case #: 1:23cv12077, NOS: Education - Civil Rights, Categories: education, Housing, first Amendment
J. Roman finds for the school district on a student's defamation and civil rights claims stemming from his five-day suspension for posting a photo of himself in a parking lot while his friend knelt above him with the caption "Cops got another" one day before the jury returned a verdict in Derek Chauvin's trial for the murder of George Floyd. The student received death threats after posting the photo, which was decried as racist, and the incident was a substantial disruption to the school, sparking a student demonstration and a school assembly. The district has an interest in maintaining order within its schools and therefore did not infringe on the student's free speech rights by disciplining him.
Court: USDC Southern District of New York, Judge: Roman, Filed On: April 5, 2024, Case #: 7:21cv6008, NOS: Other Civil Rights - Civil Rights, Categories: education, Defamation, first Amendment
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. 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. Martinez denies the school district's motion to dismiss a First Amendment claim in the former student's complaint alleging that the school district's assistant principal and vice principal coerced the former student into signing a "safety plan" that prevented him from speaking about sexual hazing by a journalism teacher. The former student sufficiently alleges that he participated in constitutionally protected speech, but it is up to a jury to ultimately decide if the former student's intended speech was constitutionally protected or if it falls under an exception, "such as representing a risk of substantial disruption to the school environment or others."
Court: USDC Western District of Washington, Judge: Martinez, Filed On: March 26, 2024, Case #: 2:22cv1140, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, education, first Amendment
J. Myers partially grants the Board of Governors of the University of North Carolina’s motion to dismiss claims of violations of First Amendment rights brought by the chief of staff to the university chancellor. The chief claimed a mandatory Covid-19 vaccine policy would violate already existing university policy. He claims he brought suit as a private citizen. But because he brought all of his concerns in his position as a public employee, and only brought those concerns to people within the university system, he does not have protection under the First Amendment.
Court: USDC Eastern District of North Carolina, Judge: Myers, Filed On: March 26, 2024, Case #: 5:23cv290, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: education, Covid-19, first Amendment
J. Huff dismisses the four mothers' claims that their religious beliefs prohibit them from vaccinating their children, so California's compulsory vaccination law requiring all students to receive vaccinations to attend school violates their rights under the Free Exercise Clause of the First Amendment. The law is neutral and its passage was not motivated by religious animosity. The state has an interest in protecting the health and safety of students and the public at large.
Court: USDC Southern District of California, Judge: Huff, Filed On: March 25, 2024, Case #: 3:23cv2012, NOS: Other Civil Rights - Civil Rights, Categories: education, first Amendment
J. Meyer denies, in part, the board of education's motion for summary judgment, ruling that while the teacher being summoned to disciplinary meetings and having a negative comment on her performance review are not typical examples of adverse employment actions, they are sufficient to create an issue of fact and allow the First Amendment retaliation claim to proceed for the board's actions in the wake of critical comments made by the teacher regarding the district's Covid-19 policies.
Court: USDC Connecticut, Judge: Meyer, Filed On: March 19, 2024, Case #: 3:22cv425, NOS: Other Civil Rights - Civil Rights, Categories: education, Covid-19, first Amendment
J. Haight grants the assistant superintendent's motion for judgment on the pleadings, ruling the parents' failure to cite any specific actions taken by the official as an individual that infringed or may have infringed on their constitutional rights is fatal to all of their constitutional claims related to the alleged discrimination their children suffered.
Court: USDC Connecticut, Judge: Haight, Filed On: March 14, 2024, Case #: 3:22cv1130, NOS: Education - Civil Rights, Categories: education, first Amendment
J. Watson denies the high school basketball coach's motion for summary judgment, ruling the parents' complaints about their daughter's playing time constituted protected speech. They criticized a public official, while the student's college basketball scholarship offer is sufficient to create an issue of fact regarding causation and at least cast doubt on the coach's claim she would have been cut regardless of the parents' complaints.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 6, 2024, Case #: 2:21cv985, NOS: Other Civil Rights - Civil Rights, Categories: education, first Amendment
J. Rudofsky rules against a school parent on first amendment retaliation claims after a school district restricted her visits to a school when audio was leaked from a Moms for Liberty group meeting, where she stated “If I was…any mental issues, they would all be plowed down with a freaking gun by now.” The parent has waived the merits of her case by not responding to the arguments for summary judgment on the claims.
Court: USDC Eastern District of Arkansas , Judge: Rudofsky, Filed On: February 28, 2024, Case #: 4:22cv677, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, education, first Amendment
J. Hartz finds that the lower court improperly dismissed civil rights claims against Oklahoma State University from a free speech advocacy group that sought to challenge new schoolwide policies that they claimed chilled free speech. The lower court tossed their suit on the grounds that the three student members they were representing decided to proceed in the case as anonymous persons, stating that the group lacked standing as a result. But the Supreme Court opinion they relied on to make those findings did not make anonymity an issue and there was "no hint, much less an emphatic statement," that the opinion in question was setting a precedent that anonymous persons could not have standing to bring claims such as this. Reversed.
Court: 10th Circuit, Judge: Hartz, Filed On: February 9, 2024, Case #: 23-6054, Categories: Civil Rights, education, first Amendment
J. McCafferty grants a former special education teacher’s first motion to amend her complaint, while denying her other motions and granting education officials’ motions to dismiss. The former teacher fails to state a plausible claim of civil conspiracy but she does have the opportunity to amend her complaint, with the caveat that her addendum must have specific factual allegations.
Court: USDC New Hampshire, Judge: McCafferty, Filed On: December 20, 2023, Case #: 1:23cv391, NOS: Other Civil Rights - Civil Rights, Categories: education, Employment, first Amendment
J. McAuliffe grants judgment in favor of three university officials accused by a member of the public of unlawfully barring him from using the university’s transportation system and of violating his First and 14th Amendment rights by intimidating other university officials into refusing him educational and transportation services. On multiple occasions while using the university’s transportation system, the member of the public behaved in a rude and unsafe manner.
Court: USDC New Hampshire, Judge: McAuliffe, Filed On: December 7, 2023, Case #: 1:22cv391, NOS: Other Civil Rights - Civil Rights, Categories: education, Transportation, first Amendment
J. Urbanski denies the college baseball coach's motion to dismiss. The college baseball player claims that the coach targeted the minorities on the team by grouping the lockers of minority players, informing all players that they were required to stand during the national
anthem to remain in good standing, directing only the players of color to get haircuts prior to team pictures, prohibiting players from attending a racial justice rally on campus, and referring to an Asian American player on the team as "Kim Chi," rather than by his name. The player complained to the school's athletic director, who ignored the allegations, giving the coach the lead way to continue harassing the minority players until cutting the player from the team, taking a year of his college eligibility and his scholarship. The player alleged enough facts to support that the coach's actions adversely affected the player.
Court: USDC Western District of Virginia, Judge: Urbanski, Filed On: December 4, 2023, Case #: 7:23cv29, NOS: Education - Civil Rights, Categories: education, first Amendment
J. Bolden grants the state government officials' motion to dismiss, ruling the vaccination requirement for all preschool and kindergarten children is facially neutral and does not violate the religious school's First Amendment or Free Exercise rights, while the state's interest in preventing the spread of disease and ensuring the health of all students is compelling.
Court: USDC Connecticut, Judge: Bolden, Filed On: December 1, 2023, Case #: 3:23cv304, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, education, first Amendment
J. Baker recommends granting, in part, a professor’s motion for a preliminary injunction in his case challenging “diversity, equity and inclusion” rules he claims violate his First Amendment rights. He has shown a likelihood of success on the merits and that he will suffer irreparable harm without an injunction.
Court: USDC Eastern District of California, Judge: Baker, Filed On: November 14, 2023, Case #: 1:23cv848, NOS: Constitutionality of State Statutes - Other Suits, Categories: education, first Amendment, Injunction
J. Trenga grants summary judgment to the school board on First Amendment claims for lack of standing. Conservative parents claimed the student equity ambassador program, aimed at allowing students to participate in discussions about equity and to promote the voices of students of color, discriminated against those with non-progressive views. The children of these parents never showed any interest in applying for an ambassador position.
Court: USDC Eastern District of Virginia, Judge: Trenga, Filed On: October 31, 2023, Case #: 1:21cv669, NOS: Other Civil Rights - Civil Rights, Categories: education, first Amendment
J. Hendrix denies, in part, a school district's motion to dismiss a former 5th grade math teacher's retaliation action, in which she claims she was fired for exercising her right to free speech and association when she posted comments about the district's post-Covid-19 mask policies. She sufficiently alleges her claims for her First Amendment retaliation claims.
Court: USDC Northern District of Texas , Judge: Hendrix, Filed On: September 27, 2023, Case #: 1:22cv170, NOS: Other Civil Rights - Civil Rights, Categories: education, Employment Retaliation, first Amendment
J. Casper grants summary judgment against a teacher and school board member who was fired after she was found to have a history of creating and promoting homophobic, transphobic and anti-critical race theory content on TikTok. She claims her First Amendment right to free speech was violated but, as a public government figure, her right to that freedom must be balanced with the goals and wellbeing of the public, including her school district's LGBTQ+ and Black students, and of her state employer.
Court: USDC Massachusetts, Judge: Casper, Filed On: September 25, 2023, Case #: 1:21cv11917, NOS: Other Civil Rights - Civil Rights, Categories: education, Employment, first Amendment
J. Azrack rules the Port Jefferson Union Free School District did not violate a 10th-grade student's free speech and equal protection rights when it refused to publish a poem she submitted to her high school's literary magazine. The poem, "Derek Chauvin's Ode to George Floyd: A Dark Sonnet." related her experience to the country's racial tensions following the death of George Floyd in the summer of 2020, which the school worried was too controversial and would "create adverse emotional reactions and strife" among the student body and faculty. The school's decision is legally permitted as it constitutes a "legitimate pedagogical concern" under federal law.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: September 18, 2023, Case #: 2:19cv1741, NOS: Other Personal Injury - Torts - Personal Injury, Categories: education, Equal Protection, first Amendment
J. Callahan finds that the district court improperly denied a motion for a preliminary injunction in an action brought by the Fellowship of Christian Athletes (FCA) against the San Jose Unified School District for violation of FCA’s First Amendment rights to free exercise of religion and free speech, and directed the district court to enter an order reinstating FCA’s recognition as an official Associated Student Body approved student club. FCA requires its student leaders to affirm a Statement of Faith, which includes the belief that sexual relations should be within the confines of a marriage between a man and a woman. The San Jose Unified School District revoked FCA’s status as an official student club because of "non-discrimination policies." The FCA had organizational standing and its claims were not moot because the District’s actions frustrated the FCA’s mission. Reversed.
Court: 9th Circuit, Judge: Callahan, Filed On: September 13, 2023, Case #: 22-15827, Categories: education, first Amendment
J. Readler finds the lower court erroneously granted the school officials' motion for qualified immunity on retaliation claims filed by a softball player's father. While educators and school districts may impose certain restrictions on the First Amendment rights of students to protect educational activities, those restrictions do not extend to parents. Caselaw has clearly established school officials may not retaliate against parents for their speech, and while the father's texts to the coach about his daughter's playing time may have been disruptive, the one-week ban from games could be considered retaliatory. Reversed in part.
Court: 6th Circuit, Judge: Readler, Filed On: August 25, 2023, Case #: 21-1824, Categories: education, Immunity, first Amendment
J. Harpool finds for the university in a First Amendment suit filed by a vegetarian activist against a university regulation providing that non-university affiliates get written permission before using university grounds or be deemed guilty of trespass. There is no evidence that anyone every applied this regulation to the activist's leafletting activities. Despite several run-ins with the university administration, he continues to distribute his pamphlets without anyone deeming him to be trespassing.
Court: USDC Western District of Missouri, Judge: Harpool, Filed On: August 24, 2023, Case #: 2:20cv4239, NOS: Other Civil Rights - Civil Rights, Categories: education, Property, first Amendment
J. Watson grants summary judgment to the university and two university officials and dismisses a professor’s claims that they shut down his lab and disposed of his work while he was on medical leave in violation of his freedom of speech and in breach of his employment contract. The university and the officials have sovereign immunity from the claims and the professor cannot show that they were required to provide classes or a laboratory to him.
Court: USDC Hawaii, Judge: Watson, Filed On: August 7, 2023, Case #: 1:21cv217, NOS: Other Civil Rights - Civil Rights, Categories: education, Immunity, first Amendment