— In Mississippi, the Court of Appeals of Mississippi reversed a ruling in favor of a student who was injured at school, playing tag as he waited on his school bus. The court reversed the lower court because even though…
Author: Bernie James
Safety Law News for August 30, 2022
— In Maryland, the Court of Appeals of Maryland affirmed the denial of a student’s suppression motion involving the search of a backpack and cell phone. After a school resource officer broke up a fight in which the student was…
Safety Law News for August 25, 2022
— In California, the United States District Court refused to dismiss claims of excessive force asserted against two school resource officers who fought with a student while attempting to escort him to the administrative office. The officers flipped the student…
Safety Law News for August 16, 2022
— In Louisiana, the Court of Appeal of Louisiana affirmed the dismissal of a lawsuit brought by parents of a child who fell on the playground during recess and broke his leg. The court agreed that educators “owe a duty…
Safety Law News for August 2, 2022
— In South Dakota, the United States Court of Appeals affirmed the denial of qualified immunity to a teacher who was sued by parents for restraining and secluding students in a special education program. The court held the teacher’s habit…
Safety Law News for July 28, 2022
— In North Carolina, the United States District Court refused to dismiss the excessive force case of a 7-year old student who was handcuffed by a police officer. The officer interrupted two educators who were allowing the special needs student…
Safety Law News for July 26, 2022
— In Georgia, the United States District Court ruled that, “the fact that a (student) is injured during (a) confrontation with police does not necessarily mean that the injuries resulted from an unconstitutional use of excessive force.” This ruling granted…
Safety Law News for July 21, 2022
— In New York, the Supreme Court, Appellate Division, held that, “where an accident occurs in so short a span of time that even the most intense supervision could not have prevented it, any lack of supervision is not a…
Safety Law News for July 18, 2022
— In Pennsylvania, the United States Court of Appeals reversed the suspension and expulsion of a student who, while off campus with friends, “took a picture of his friends wearing wigs and hats, including one hat that resembled a foreign…
Safety Law News for July 15, 2022
— In Minnesota, the United States Court of Appeals applied the standard of Tinker v. Des Moines Independent Community School District, to vacate the decision of the lower court that allowed school officials to discipline students who wore T-shirts displaying…