— 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…
Author: Bernie James
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…
Safety Law News for July 12, 2022
— In Pennsylvania, the United States District Court refused to dismiss the lawsuit of a student who experienced a sexually hostile and racially hostile educational environment that was known to educators but ignored. The Title IX claim (prohibiting a sexually…
Safety Law News for June 29, 2022
— In Kentucky, the Court of Appeals of Kentucky, affirmed the denial of immunity to a teacher who failed to report bullying in her class. The appellate court said that “(t)he application of qualified immunity rests not on the status…
Safety Law News for June 24, 2022
— In New York, the United States Court of Appeals upheld the dismissal of an educator for making a series of inquiries concerning a potentially dangerous student at the high school. The educator was concerned about the potential for physical…