Author: Bernie James

Safety Law News for November 12, 2021

— In California, the United States District Court ruled that a school resource officer is not necessarily obligated to “follow all requests or directions by (a school administrator).”  The court dismissed a case involving a student who was brought to…

Safety Law News for November 9, 2021

— In California, the California Court of Appeal upheld the search of a student by a school administrator in which a knife was found.  The student was brought to the administrator after teachers reported that he “was possibly under the…

Safety Law News for November 5, 2021

— In California, the California Court of Appeal held that a school was not liable for the death by suicide of a high school student.  The parents argued that liability should be the direct result of persistent bullying by fellow…

Safety Law News for November 2, 2021

— In Ohio,  the Court of Appeals of Ohio, affirmed the lower court ruling that a school was not immune from liability for injuries to students when an experiment in science class caught fire and exploded.  The appellate court reasoned…

Safety Law News for October 28, 2021

— In New York, the Supreme Court, Appellate Division reversed a lower court ruling that a school was liable for injuries a student sustained when she was sexually assaulted by another student in a classroom.  The appellate court ruled that…

Safety Law News for October 22, 2021

— In Louisiana, the Court of Appeal of Louisiana dismissed the liability lawsuit brought by parents of a student who experienced an asthma attack during class.  The student suffered an hypoxic ischemic brain injury resulting in permanent disability.  The court…

Safety Law News for October 19, 2021

— In Georgia, the United States Court of Appeals affirmed the dismissal of a case involving the use of a “leg sweep takedown” by a school resource officer in order to prevent a student from fleeing after a fight with…

Safety Law News for October 15, 2021

— In South Carolina, the United States District Court ruled that the “Disturbing Schools” statute was unconstitutionally vague as applied to elementary and secondary school students in the state.  The provisions of the law criminalized, in part, a person who…

Safety Law News for October 12, 2021

— In California, the United States District Court refused to dismiss a lawsuit brought by parents of a student whose suicide attempt was in response to school bullying.  The court ruled that the bullying incidents involved “a duty to (the…

Safety Law News for October 6, 2021

— In California, the United States District Court upheld the detention and seizure of a teacher after the teacher admitted he had the gun in his classroom.  The court stated that the California Gun-Free School Zone Act makes it a…