— In New York, the Supreme Court, Appellate Division reversed a lower court and dismissed a lawsuit brought by parents whose daughter was sexually assaulted by another student while they were alone in a classroom. The court agreed that schools…
Author: Bernie James
Safety Law News for July 19, 2021
— In Pennsylvania, the Superior Court of Pennsylvania affirmed the adjudication of delinquency of a student for terroristic threats for a state law that forbids communicating, “either directly or indirectly, a threat to…(1) commit any crime of violence with intent…
Safety Law News for July 9, 2021
— In Maryland, the Court of Special Appeals of Maryland ruled that school officials were immune from claims of negligent school discipline in a case involving repeated attacks upon a student by fellow-students. The victim argued that steps taken by…
Safety Law News for July 2, 2021
— In Texas, the United States Court of Appeals ruled that a school resource officer was not liable for tasing a special education student who was trying to leave the school after engaging in disruptive behavior. The Court held that…
Safety Law News for June 28, 2021
— The U.S. Supreme Court ruled that a school violated a student’s First Amendment rights when it suspended her from the cheerleading squad. The school discipline was in response to the student’s use of profanity in a social media post,…
Safety Law News for June 22, 2021
— In Connecticut, the Superior Court of Connecticut, rejected qualified immunity for a school district in a lawsuit brought by a student who was assaulted by a fellow student and seriously injured. The court ruled that immunity did not apply…
Safety Law News for June 7, 2021
— In Wisconsin, the Court of Appeals of Wisconsin ruled that the “reasonableness, under all the circumstances” standard set forth in New Jersey v. T.L.O., (469 U.S. 325 (1985)), applies to the search of a non-student’s vehicle located on school…
Safety Law News for May 28, 2021
In North Carolina, the Court of Appeals of North Carolina ruled that a 13-year-old student was in custody and therefore entitled to Miranda warnings prior to being interrogated by a school principal accompanied by a school resource officer who remained…
Safety Law News for May 24, 2021
— In Maryland, the Court of Special Appeals of Maryland reversed the dismissal of a lawsuit brought by a third-grade student who was injured when a classmate threw a chair which hit her in the neck. The court noted that…
Safety Law News for May 18, 2021
— In Missouri, the United States Court of Appeals dismissed the claims of two high school students who were detained and questioned off-campus by outside police officers at a summer camp. The court held that the incident, involving the investigation…