— In South Carolina, the United States Court of Appeals affirmed the invalidation of South Carolina’s disorderly conduct law. The law, prohibiting disorderly or boisterous conduct in public places and prohibiting the use of obscene or profane language within earshot…
Author: Bernie James
Safety Law News for March 1, 2023
— In Washington State, the Court of Appeals of Washington reversed the lower court and reinstated the lawsuit of a student who was indefinitely suspended from high school for gang-related activity on campus. The appellate court held that the educators…
Safety Law News for February 27, 2023
— In New York, the Supreme Court, Appellate Division, reversed and remanded for a new trial a case in which school officials used state and federal special education laws as a defense from liability. The student, “identified as a student…
Safety Law News for February 24, 2023
— In New Jersey, the Supreme Court of New Jersey, construing the “landmark amendments to the Child Sexual Abuse Act (CSAA), Charitable Immunity Act (CIA), and Tort Claims Act (TCA),” held that a former student’s lawsuit alleging sexual abuse while…
Safety Law News for February 20, 2023
— In Illinois, the Appellate Court of Illinois reversed the dismissal of a teacher, whose Facebook posts were used as the basis for a “for cause” dismissal. The Facebook post, reflecting the growing frustration of the teacher with student behavior…
Safety Law News for February 17, 2023
— In Kentucky, the Supreme Court of Kentucky applied sovereign immunity from liability to a county board of education for allegations of assault and battery while its employees were intervening and separating students who were fighting in a hallway. One…
Safety Law News for February 15, 2023
— In Pennsylvania, the Commonwealth Court of Pennsylvania held that the educational financing system of the Pennsylvania Department of Education violates the rights of students to receive, “a meaningful opportunity to succeed academically, socially, and civically, which requires that all…
Safety Law News for February 13, 2023
— In Louisiana, the Court of Appeal of Louisiana upheld the conviction of a teacher for simple battery, occurring when the teacher retaliated against a nine-year old special needs student who swung his backpack into the air, striking the teacher…
Safety Law News for February 10, 2023
— In Ohio, the United States District Court, dismissed the lawsuit of two students who claimed that school searches violated their Fourth Amendment rights. School officials enforced a school rule that suspended students for ten days for, “coming to school…
Safety Law News for February 8, 2023
— In Texas, the United States District Court ruled that school officials were not liable to a student whose injuries came at the hands of a sexually abusive teacher. The court held that the legal standard for a Title IX…