— In Alabama, United States Court of Appeals ruled that a school resource officer was entitled to qualified immunity for restraining a student, resulting in the officer breaking the student’s arm. The special needs student, “entered a classroom, informed his…
Author: Bernie James
Safety Law News for November 28, 2022
— In California, the California Court of Appeal held that state law authorizes only the Legislature to require school children to be vaccinated against COVID-19 but not any of the individual school districts. This ruling affirmed the lower court refusal…
Safety Law News for November 22, 2022
— In Kansas, the United States District Court held that a student, sexually abused by a school resource officer, was legally entitled to a trial on her claim that the school district and county sheriff’s office knew and were deliberately…
Safety Law News for November 15, 2022
— In New York, the United States District Court refused to dismiss a lawsuit brought by parents of a student assaulted by fellow students on campus. The federal court held that although the lawsuit asserted a non-federal claim (a negligence…
Safety Law News for November 8, 2022
— In Wisconsin, the Court of Appeals of Wisconsin upheld the removal of a teacher from campus to keep students safe. The court ruled that the school board “acted reasonably” based on evidence that the teacher had inappropriate physical contact…
Safety Law News for November 3, 2022
— In Oklahoma, the United States District Court held that because of the special relationship between a school and its students, a lawsuit against a school district could proceed. The students alleged that school officials failed to properly investigate and…
Safety Law News for November 1, 2022
— In Colorado, the Colorado Court of Appeals upheld the search of the backpack of a student after the school’s Threat Appraisal Team implemented a Safety Plan that included a search requirement in response to his prior felony adjudications. The…
Safety Law News for October 28, 2022
— In New Mexico, the United States District Court ruled that an injured student, who obtains more details in discovery about school indifference in protecting students, is entitled to amend her allegations. The court ruled that the additional information –…
Safety Law News for October 25, 2022
— In California, the California Court of Appeal reversed the dismissal of a lawsuit brought by parents whose child was abused by a teacher, holding that school liability does not require proving that the school had actual knowledge of the…
Safety Law News for October 20, 2022
— In Maryland, the Court of Appeals of Maryland ruled that the Federal Coverdell Act did not preempt a lawsuit brought by parents against a school in response to bullying and physical attacks on their child. The court held that…