47 results for 'cat:"Education" AND cat:"Negligence"'.
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
J. Robertson grants a town and several of its school officials’ motion for summary judgment regarding some of the claims brought against them by parents of an autistic student, who was injured and sustained concussions in incidents where he engaged in self-injuring behaviors and then was restrained. It is not established that the concussions were caused by school officials’ use of excessive force while restraining him, rather than caused by his self-injuring behavior or in the process of resisting restraints.
Court: USDC Massachusetts, Judge: Robertson, Filed On: March 22, 2024, Case #: 3:20cv30187, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, education, negligence
J. Dimke partially denies summary judgment to the family for their complaint that the school district's employee did not prepare an adequate emergency care plan for their child's asthma, which allegedly led to his death after 18 days on life support following a severe asthma attack. While it is undisputed that the school district had some knowledge of the child's asthma from previous school years, a dispute remains as to the extent and timing of this knowledge.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: March 15, 2024, Case #: 4:19cv5038, NOS: Other Civil Rights - Civil Rights, Categories: education, negligence, Wrongful Death
J. Wolford dismisses most counts in claims challenging the decision to allow a teacher to return to middle school after he asked an eighth-grader who had called something "gay" during class, "How would you like it if I called you a nigger?" Liability had not been asserted against the village, town, or city, and evidence did not indicate the teacher's comments were part of a wider pattern of misconduct. Meanwhile, the student failed to address the school district's opposition to due process claims.
Court: USDC Western District of New York, Judge: Wolford , Filed On: March 7, 2024, Case #: 6:22cv6567, NOS: Education - Civil Rights, Categories: education, negligence, Due Process
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J. Sessions grants, in part, a university’s motion to dismiss in this negligence lawsuit brought by four female students. The students allege they were sexually assaulted, drugged and raped by fellow students, and say the university, its board of directors and administrators failed to properly investigate or hold the assailants accountable. The students have plausibly alleged the post-assault deliberate indifference claims, prohibited retaliation under Title IX and due process, so those claims proceed.
Court: USDC Vermont, Judge: Sessions, Filed On: March 7, 2024, Case #: 2:22cv212, NOS: Other Civil Rights - Civil Rights, Categories: education, negligence, Assault
J. Acree finds that the board of education was properly granted summary judgment in a student's claims that he had been battered by a security officer. The student attempted to leave school while intoxicated and was legally restrained by the officer and a coach while screaming and resisting the restraint. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Acree, Filed On: March 1, 2024, Case #: 2021-CA-1311-MR, Categories: education, Immunity, negligence
J. Johnson grants the school administrators' dismissal motion and partially grants the school district's dismissal motion in this lawsuit regarding a student who was allegedly bullied by other students. The court dismisses the official capacity claims against the administrators with prejudice. Additionally, the adoptive mother, who is suing on behalf of the student, concedes that the board of education should be dismissed.
Court: USDC Northern District of Oklahoma , Judge: Johnson, Filed On: January 2, 2024, Case #: 4:19cv637, NOS: Education - Civil Rights, Categories: Civil Rights, education, negligence
J. Bloom partially grants a school board’s motion to dismiss a complaint by a student and her mother after the student was sexually assaulted by another student outside of school. The family sued both the school district and the school board, but these are not political subdivisions “separate and apart” from one another, so the board is dismissed. A motion to dismiss a claim of discrimination is denied because the student sufficiently claimed she was subjected to a hostile environment that the district was aware of.
Court: USDC Middle District of Pennsylvania, Judge: Bloom, Filed On: December 11, 2023, Case #: 3:23cv1118, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Rights, education, negligence
J. Stewart finds that a student athlete sufficiently pleaded sexual harassment by her coach with details of pervasive bullying of young women on a soccer team to survive demurrer. But she failed to state a negligence claim against the coach since she did not show that a special relationship had created a duty for the coach to keep her on the team. Her fiduciary duty claim did not adequately allege that a special relationship of trust was established between her and the coach. Also, her fraud claim is barred by governmental immunity. Reversed in part.
Court: California Courts Of Appeal, Judge: Stewart, Filed On: November 29, 2023, Case #: A164550, Categories: Civil Rights, education, negligence
Per curiam, the appellate division finds that the trial court improperly allowed breach of statutory services claims to continue in an action contending a physical education teacher sexually abused an elementary school student because the teacher was not "legally responsible" for the student's care under social services law, and thus the school had no requirement to report suspected abuse. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 17, 2023, Case #: CA 22-01031, Categories: education, negligence
J. Smith grants an assistant principal and athletic director’s individual motions to dismiss in this due process and equal protection rights lawsuit after a girl was attacked by another student on the school bus. Her parent alleges the child was grabbed and pushed back into a seat, forcing her head into the seat and punched in the face by the assistant principal after child bit him on the arm; the parent also asserts both the assistant principal and athletic director deprived her minor of her rights. The assistant principal says he was protecting himself when bitten by the girl, so the court dismisses the excessive corporal punishment claim. The parent failed to state a procedural due process rights violation claim.
Court: USDC Northern District of Alabama , Judge: Smith, Filed On: November 15, 2023, Case #: 5:23cv360, NOS: Education - Civil Rights, Categories: education, negligence, Due Process
J. Greenlee finds the lower court properly granted summary judgment to a school district in this negligence matter. A student was injured in a middle school show choir class when he and two other students decided to film a “TikTok Challenge” while the instructor was working with other students to obtain parental permission for an upcoming choir trip. The lower court found that neither the school district, school, nor the instructor could have prevented the occurrence as it was not foreseeable, and appropriate action was taken, with the two uninjured participants suspended for a period of three days. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Greenlee, Filed On: November 14, 2023, Case #: 2022-CA-01010-COA, Categories: education, negligence
Per curiam, the circuit finds that the district court improperly dismissed claims contending a female lacrosse player suffered retaliation for reporting abuse by a male player, including stalking and assault, because she plausibly alleged coaches made subtle threats about her future as a player in connection with her complaint. However, the court properly dismissed Title IX deliberate indifference and hostile environment claims brought against the school since the record showed immediate action had been taken on the complaint.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 8, 2023, Case #: 22-2674, Categories: Civil Rights, education, negligence
J. Reynolds Fitzgerald finds that the lower court properly granted a school district dismissal of negligent supervision claims concerning several years of bullying because the record indicates the district investigated the reported incidents to find that plaintiffs' children often acted as instigators and aggressors. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: November 2, 2023, Case #: CV-22-2215, Categories: education, negligence
Per curiam, the appellate division finds that the lower court properly denied the school's motion to dismiss sex abuse and negligent supervision claims stemming from a girl's alleged abuse by a school nurse. The student adequately alleges that the school knew or should have known of the individual's propensity to engage in misconduct. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 25, 2023, Case #: 05396, Categories: education, negligence
J. Russell partially grants the defendant servicing company's dismissal motion in this class action concerning an alleged data breach. The student plaintiffs' invasion of privacy claims will be dismissed against the company, as they fail to properly state a claim upon which relief could be granted. Their other claims survive, however, including their claims for negligence and negligence per se, with respect to the Federal Trade Commission Act.
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: October 19, 2023, Case #: 5:23cv99, NOS: Other Contract - Contract, Categories: education, negligence, Banking / Lending
J. Russell partially grants the Oklahoma Student Loan Authority's dismissal motion as to certain claims against it in this class action concerning an alleged data breach, in which the student plaintiffs' personal information was allegedly "obtained by malicious actors." The plaintiffs' claims for negligence per se and invasion of privacy are dismissed against the OSLA. Their claims for negligence and negligent hiring, training and supervision survive dismissal.
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: October 19, 2023, Case #: 5:23cv99, NOS: Other Contract - Contract, Categories: education, negligence, Banking / Lending
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. Hollander grants in part a county school board’s motion to dismiss a mother’s amended complaint on allegations of negligence following the acknowledgment that a six-year-old girl had been sexually abused by two classmates while at school on five separate occasions. The school superintendent and principal did not communicate with the parent until a victim advocate reported the abuse to her. There is “no basis in the law to support a substantive due process claim against Ms. Peake in her individual capacity for acts involving third parties for which she had no notice and was not personally involved.” The allegations against the superintendent based on supervisory liability are dismissed due to failure to state a claim.
Court: USDC Maryland, Judge: Hollander, Filed On: October 12, 2023, Case #: 1:22cv1102, NOS: Other Personal Injury - Torts - Personal Injury, Categories: education, negligence, Assault
[Consolidated.] J. Shah grants the Southeastern Conference’s motion to dismiss eight former college football players’ claims for fraud, negligence, breach of contract and unjust enrichment. The ex-football players all suffered concussions while on their respective college teams and accuse the Southeastern Conference of failing to enact “adequate concussion treatment, concussion management safety protocols, and return-to-play guidelines.” Instead they claim the conference, seeking to turn a profit on the players, allowed them to be rushed back into games and practices while they were still injured. The court, however, agrees with the conference that it lacks personal jurisdiction over these claims.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: October 4, 2023, Case #: 1:16cv8727, NOS: Other Personal Injury - Torts - Personal Injury, Categories: education, Fraud, negligence
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. Tipton grants a school district's motion to dismiss a former high school student's case, in which he alleges a teacher sexually assaulted him. He fails to show the district had actual notice of the abuse, and the district is immune from his negligence claim.
Court: USDC Southern District of Texas, Judge: Tipton, Filed On: September 29, 2023, Case #: 2:21cv225, NOS: Education - Civil Rights, Categories: education, Immunity, negligence
J. Wooton dismisses the Board’s appeal of two lower court orders — the latter denying its motion for summary judgment — in the suit brought by the parents of George Washington High School student claiming school administrators breached their duty to protect her from a fellow student how repeatedly groped her. Since the judge did not rule on any of the immunity issues, the court finds the Board cannot identify any “error” the court may grant relief.
Court: West Virginia Supreme Court Of Appeals, Judge: Wooton, Filed On: September 29, 2023, Case #: 22-0028, Categories: education, Government, negligence
J. Flanagan partially dismisses, for procedural reasons, a family’s lawsuit against their son’s private school for infliction of emotional distress. Because the boy no longer attends the school, he has no standing to sue under Title III of the ADA, as he cannot show the threat of future harm. Negligence claims against the school fail because the family alleges intentional conduct just by two employees. Several retaliation, contract and negligence claims survive the motion.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: September 28, 2023, Case #: 5:22cv201, NOS: Other Personal Injury - Torts - Personal Injury, Categories: education, Tort, negligence