Author: Bernie James

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,…

Safety Law News for June 15, 2023

–  In New York, the Supreme Court, Appellate Division affirmed the refusal by the lower court  to dismiss a case brought by parents of a child who was injured during the school recess period.  The court, ruled that “(s)chools are…

Safety Law News for June 12, 2023

–  In New York, the Supreme Court, Appellate Division affirmed the dismissal of a lawsuit brought by former students of a former teacher who sexually abused them over a period of years.  The teacher took only male students with him…

Safety Law News for June 2, 2023

–  In Missouri, the Missouri Court of Appeals rejected a First Amendment defense by a student who told his middle school classmates that he would shoot up girls’ basketball game, “cut the cameras,” and “kill people.”  In affirming the adjudication…

Safety Law News for May 30, 2023

–  In New Jersey, the United States District Court dismissed the lawsuit of a student who, “continued to go to school without a clear backpack” in violation of school policy.  In upholding the school policy, the court stated that the…