Author: Bernie James

Safety Law News for August 17, 2021

— In West Virginia, the Supreme Court of Appeals of West Virginia, reinstated the lawsuit of a transgender student, who identifies as male, who alleged harassment and bullying by an administrator after entering the boys’ restroom.  The court agreed that…

Safety Law News for August 10, 2021

— In Arizona, the Arizona Supreme Court ruled that school officials were not liable for the death of a student at the hands of her fellow-student boyfriend during an off-campus dispute.  The issue of whether the school owed the victim…

Safety Law News for August 6, 2021

— In Massachusetts, the Appeals Court of Massachusetts held that the statements of a student to a teacher that, “[the teacher] makes me so angry! I want to kill that bitch,” were intended to place the teacher, in fear and…

Safety Law News for August 3, 2021

— In Indiana, the United States District Court held that the strip search of a student by an administrator and nurse, prompted by a tip from two students, was unreasonable at its inception and in its scope.  In refusing to…

Safety Law News for July 30, 2021

— In Ohio, the United States Court of Appeals ruled that city officials did not violate federal law when their negligence allowed a police officer impersonator to assault and falsely imprison students.  The court held that claims based on the…

Safety Law News for July 28, 2021

— In Virginia, United States Court of Appeals, reversed a judgment against a student who was sexually assaulted by another student and remanded the case for a new trial.  The Title IX case alleged that the school acted with deliberate…

Safety Law News for July 23, 2021

— 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…

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…