— In California, the California Court of Appeal held that a school had a duty to protect a middle school student from sexual abuse by its music instructor even without actual knowledge of prior abuse or propensity. The court reversed…
Author: Bernie James
Safety Law News for January 7th, 2022
— In New York, the Supreme Court, Appellate Division held that a trial court improperly dismissed the case of a student who was injured in a physical education class during which he was blindsided by a much larger student while…
Safety Law News for January 3, 2022
— In Maryland, the United States District Court, refused to dismiss a case brought by parents of students who were assaulted in the school’s locker room as a part of a hazing ritual known as “brooming.” The court ruled that…
Safety Law News for December 14, 2021
— In Texas, the United States Court of Appeals affirmed the dismissal of a lawsuit brought by parents whose special needs child was seized by the neck, thrown to the floor, and held in a choke hold by a teacher. …
Safety Law News for December 9, 2021
— In California, the Court of Appeal of California affirmed the dismissal of a lawsuit for failing to protect a middle school student from sexual abuse by a teacher and for breach of the mandatory duty to report suspected abuse…
Safety Law News for December 6, 2021
— In Massachusetts, the United States Court of Appeals ruled that a school did not violate the rights of two students by suspending them for their speech and conduct in bullying their fellow team members on a school-sponsored team. The…
Safety Law News for November 30, 2021
— In Massachusetts, the Appeals Court of Massachusetts ruled that a student’s statement to a school administrator that he was going to kill his teacher was not protected speech under the First Amendment. In reversing the lower court, the appellate…
Safety Law News for November 29, 2021
— In Rhode Island, the Supreme Court of Rhode Island affirmed the liability verdict against a school whose disciplinary policy failed to provide students with a safe and secure school. The victimized student was assaulted by another student at school. …
Safety Law News for November 19, 2021
— In Ohio, the United States District Court refused to dismiss a liability lawsuit brought by parents whose child suffered from anxiety and panic attacks due to sexual harassment by fellow students. The court upheld claims based on negligence, gross…
Safety Law News for November 17, 2021
— In Virginia, the United States Court of Appeals upheld the conviction on multiple counts of an adult who was arrested on school grounds by a school resource officer. A school administrator reported that “a sleeping or unconscious unidentified man…