Author: Bernie James

Safety Law News for February 1, 2024

— In New Mexico, the Court of Appeals of New Mexico, reversed the lower court’s grant of immunity to school officials who allowed a student who returned to school after orthopedic surgery to participate in recess activities, contrary both to…

Safety Law News for January 24, 2024

— In Alabama, the Supreme Court of Alabama ruled that a school district was protected from liability by state-agent immunity after a substitute teacher was attacked by students while she was working in the classroom used for students in the…

Safety Law News for January 16, 2024

— In Oklahoma, the United States District Court, held that the state policy of separating the use of male and female restrooms and changing areas in public schools based on a student’s biological sex did not violate the rights of…

Safety Law News for January 5, 2024

— In North Carolina, the Court of Appeals of North Carolina reversed the adjudication of a student because of an error by a trial court judge who allowed the student to testify “without advising him of his right to remain…

Safety Law News for December 18, 2023

— In Tennessee, the United States Court of Appeals affirmed the liability of  a school district under Title IX for its deliberate indifference to threats made against a student and her family after she reported student-on-student threats and harassment.  The…

Safety Law News for December 15, 2023

— In Alabama, the Supreme Court of Alabama denied immunity to a teacher who was accused by a student of assault and battery.  In refusing to dismiss the student’s liability lawsuit, the court held that the teacher, “used a form…

Safety Law News for December 13, 2023

— In California, the California Court of Appeal reversed the lower court in an important case involving the sexual abuse of a student by school employees.  The lower court dismissed the case, ruling that the school district was not liable…

Safety Law News for December 11, 2023

— In Illinois, the Appellate Court of Illinois affirmed the ruling of the lower court denying the attempt of a person to obtain his release from detention because of his speech on a high school campus.  The person, “went to…

Safety Law News for November 30, 2023

— In New Hampshire, the United States Court of Appeals affirmed the dismissal of a student-on-student harassment case, ruling that “measures in response to high school student’s report of student−on−student sexual harassment did not evince deliberate indifference.”  The case arose…

Safety Law News for November 20, 2023

— In New York, the New York Supreme Court, Appellate Division affirmed the refusal of the trial court to dismiss a case in which a high school student committed suicide “a few days after the conclusion of his sophomore year…