– In Arkansas, the United States Court of Appeals affirmed the dismissal of a lawsuit brought by parents of a special needs child who was injured in school. The visually impaired child was injured at various times while at school…
Author: Bernie James
Safety Law News For July 26, 2023
— In Ohio, the Ohio Court of Appeals ruled that the totality of the circumstances of a juvenile interrogation about a sexual assault supported a conclusion that juvenile was in police custody and thus Miranda warnings were necessary. In reversing…
Safety Law News for July 19, 2023
— In Florida, the District Court of Appeal reversed the refusal of the Circuit Court to issue a Risk Protection Order against a student who was caught on campus with a Glock 42 .380 caliber handgun, a loaded magazine, and…
Safety Law News for July 14, 2023
— In Pennsylvania, the United States District Court denied motions to dismiss a case brought by an administrator who spoke out about the school’s “failure to adopt and/or enforce adequate safety policies related to students bringing weapons and drugs onto…
Safety Law News for July 11, 2023
— In California, the United States Court of Appeals ruled that the brief detention of parents of a student suspected of planning a school shooting was reasonable “notwithstanding the lack of reasonable suspicion.” The police were responding to a request…
Safety Law News for July 3, 2023
— In New York, the Supreme Court, Appellate Division, refused to dismiss and imposed sanctions on school officials for “manifest violation of its discovery obligations,” in a lawsuit brought by a student injured when “while exiting the school building held…
Safety Law News for June 30, 2023
— In California, the California Court of Appeal held that a school district had a duty to preserve video that captured events surrounding the sexual assault of high-school student. The student’s lawsuit alleged negligence, sexual harassment, and negligent infliction of…
Safety Law News for June 26, 2023
— In California, the California Court of Appeal reversed the summary dismissal of a claim against a school for negligence in hiring, training, supervising, and retaining a teacher who became romantically and sexually involved with a student. In remanding the…
Safety Law News for June 23, 2023
– In Florida, the District Court of Appeal of Florida, reversed the denial of a petition for a risk protection order requested by a school resource officer who stopped a student in possession of a firearm on school grounds. Inexplicably,…
Safety Law News for June 20, 2023
– In Missouri, the Missouri Court of Appeals applied immunity to dismiss a lawsuit against a school district brought by a former student who was sexually assaulted on school grounds by a classmate while attending the school. Applying state law,…