21 results for 'cat:"Education" AND cat:"Tort"'.
J. Diaz finds the lower court properly entered judgment voiding the contract between the star basketball player and his former agents. The basketball star signed an agreement with an agency after he played his final game for Duke but before he was drafted into the NBA. The agents argued that the player didn't count as a student-athlete for the purpose of the North Carolina Uniform Athlete Agents Act, which governs contracts between student-athletes and their agents. The player was still a student-athlete when he signed the contract because he had not yet left the university or signed a professional contract. Affirmed.
Court: 4th Circuit, Judge: Diaz, Filed On: May 6, 2024, Case #: 22-1793, Categories: education, tort, Contract
J. Iannacci finds that the lower court properly found that the Education Law's notice of claim requirements do not apply to charter schools. A mother sued the charter school for a bullying incident where her special needs daughter was pushed to the floor, injuring her elbow. The mother was not required to serve a notice of claim on the school before filing this tort action. "Neither the public character nor the purpose of charter schools renders them equivalent to a school district for purposes of invoking the protections of notice of claim statutes." Affirmed.
Court: New York Appellate Divisions, Judge: Iannacci, Filed On: April 24, 2024, Case #: 02205, Categories: Civil Procedure, education, 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. Cassel finds the district court improperly overruled the school district's motion for summary judgment. The district claims it has immunity from the wrongful discharge suit filed by the former employee who was terminated after it was discovered she had provided incorrect ID information in order to cover up a previous arrest. The district's decision to terminate her employment falls within the discretionary function exemption of the Political Subdivisions Tort Claims Act. Reversed.
Court: Nebraska Supreme Court, Judge: Cassel , Filed On: March 22, 2024, Case #: S-23-490, Categories: education, Employment, tort
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J. Osteen denies a male university student’s motion for preliminary injunction following an investigation into allegations of rape and sexual assault brought against him by a female student. The male student, found responsible for sexual misconduct, counters by saying that procedural irregularities in the investigation and hearing were committed against him based on gender bias. However, the male student provides no evidence of gender bias or violation of the university’s Title IX policy.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: March 14, 2024, Case #: 1:24cv41, NOS: Education - Civil Rights, Categories: education, tort, Assault
J. Bogardus finds the lower court erroneously granted the school's motion for summary judgment and determined it was entitled to immunity on negligence claims brought by the parents of the child who reinjured a surgically repaired hip on the playground. Deposition testimony of officials indicated the school's safety policies were not properly implemented when the child was allowed to go outside for recess despite doctor's restrictions on any physical activity. The homeroom teacher and other faculty did not receive the medical note from the school nurse, which would allow a reasonable jury to conclude the school created an unsafe condition on property operated by the state and prevent application of immunity. Reversed.
Court: New Mexico Court of Appeals, Judge: Bogardus, Filed On: January 22, 2024, Case #: A-1-CA-39871, Categories: education, tort, Immunity
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
Per curiam, the appellate division finds that the lower court properly denied the school's motion for summary judgment on claims that a high school student was sexually assaulted by another student. The school failed to conclusively show that it provided adequate supervision in the hallway where the assault occurred. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 8, 2023, Case #: 05583, Categories: education, tort
J. Flanagan partially grants a school’s partial motion to dismiss a second amended complaint alleging disability discrimination against a minor student. The student’s public accommodation claim is inappropriate because the student and his parents are not seeking injunctive relief, which is exactly what Title III of the ADA aims to do. However, the school is incorrect in asserting that just because the student’s original claim did not include intentional infliction of emotional distress that the school cannot be liable, so this claim survives.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: September 29, 2023, Case #: 5:22cv201, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Ada / Rehabilitation Act, education, tort
J. Osteen partially denies a county school board’s motion to dismiss a host of alleged ADA, Rehabilitation Act and state law violations brought by two students, who are sisters, and their mother. The family claims the sisters were often targeted and bullied because one of them was diagnosed with Asperger’s syndrome. The bullying often included physical attacks from other students, including the principal’s daughter, such as hitting them in the head with balls in gym class and at one point knocking one of them to the floor, causing concussion and neck injuries requiring medical treatment. Despite their mother’s attempt to intervene multiple times, the behavior continued. Although the state and individual claims against the principal and several teachers are dismissed under sovereign immunity, the school’s apparent “deliberate indifference” to how the two students were treated by others constitutes federal law violations.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: September 29, 2023, Case #: 1:22cv12, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, education, tort
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
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
J. Flanagan grants the University of North Carolina’s motion to dismiss allegations of negligence for not addressing sexual abuse claims brought by a former student and athlete. The alleged abuser was the sports medicine director at the school, and the student — along with others making similar claims — alleges that the director instructed the student to remove his compression shorts during an exam, then directed him onto all fours and touched his crotch and anus, calling it a “massage.” However, before another student notified the police of the alleged abuse by the director on himself, the university claims it had no knowledge of the director’s actions. In 2015 and 2016, other coaches had reported suspected sexual conduct by the director, but no claims were ever confirmed. Despite the fact that the university moved the director to an administrative position a year after the reports, legally it did not have actual knowledge of the director’s behavior.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: September 11, 2023, Case #: 5:23cv44, NOS: Education - Civil Rights, Categories: education, tort, Assault
J. Flanagan denies a sports medicine director at the University of North Carolina his motion to dismiss allegations of sexual abuse brought by a former student and soccer player. The student, who is male, had been 17 years old at the time of the allegations. After the student had surgery, the director did things like assisting him in undressing, watching the student shower, giving him deep tissue “sports massages” that left bruising, and handling the student’s genitals without consent or medical need. Because the director did not file a memorandum in support of his motion, and because he did not respond to the student’s opposition to it, the director's motion is denied.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: September 11, 2023, Case #: 5:22cv344, NOS: Education - Civil Rights, Categories: education, tort, Assault
J. Flanagan grants the University of North Carolina’s motion to dismiss allegations of negligence for not addressing sexual abuse claims brought by a former student and athlete. The alleged abuser was the sports medicine director at the school, and the student — along with others making similar claims — alleges that the director instructed the student to remove his compression shorts during an exam, then touched and massaged the student's genitals without his consent. In 2015 and 2016, other coaches had reported suspected sexual misconduct by the director, but no claims were ever confirmed. Despite the fact that the university moved the director to an administrative position a year after the reports, legally it did not have actual knowledge of the director’s behavior.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: September 11, 2023, Case #: 5:23cv216, NOS: Education - Civil Rights, Categories: education, tort, Negligence
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
J. Briccetti denies the military boarding school's motion to dismiss a former cadet's claims that senior cadets regularly beat junior cadets in the middle of the night with socks filled with bars of soap and committed sexual assaults with the tacit approval of the administration. The school's bankruptcy material's are not included with the complaint so they may not be considered on a motion to dismiss. Further, there is no merit to the school's claims that the cadet's claim for failure to report child abuse must be dismissed because he was abused by other cadets, not by a staff member.
Court: USDC Southern District of New York, Judge: Briccetti, Filed On: August 14, 2023, Case #: 7:21cv6872, NOS: Other Civil Rights - Civil Rights, Categories: education, tort, Negligence