— In North Carolina, the Court of Appeals of North Carolina ruled that the use of profanity, by a parent whose car was being searched by police officers, was insufficient to support a conviction of disorderly conduct on school property…
Author: Bernie James
Safety Law News for March 2, 2021
In New York, the Supreme Court, Appellate Division reversed the dismissal of a case brought by a student who was assaulted by a fellow student at the end of a class. The court ruled that the lower court dismissal was…
Safety Law News for February 22, 2021
In Florida, the District Court of Appeal of Florida rejected a lawsuit brought by parents to prevent “school guardians” from carrying firearms on school campuses. Florida law requires that every school have “safe school officers,” using either partnerships with law…
Safety Law News for February 15, 2021
In Georgia, the United States District Court dismissed a discrimination lawsuit brought by a student who, after being suspended for fighting in school, was handcuffed and restrained by a school resource officer after refusing to remain in the administrative office…
Safety Law News for February 11, 2021
— In Wisconsin, the United States District Court ruled that a school staff member is not entitled to qualified immunity for the use of excessive force against a student. In denying the motion to dismiss a lawsuit brought by parents…
Safety Law News for February 3rd, 2021
— In Wisconsin, the Court of Appeals of Wisconsin affirmed the adjudication of delinquency of a juvenile who, while unarmed and loitering on campus, repeatedly threatened to shoot a school administrator. The court ruled that the state law that prohibits…
Safety Law News for February 1st, 2021
In Pennsylvania, the United States District Court refused to dismiss a case brought against school officials by parents of a special needs student who experienced a series of violent attacks by fellow students. The parents asserted a race discrimination claim…
Safety Law News for January 25th, 2021
In Ohio, the United States Court of Appeals ruled that reckless conduct by an elementary school principal and assistant principal eliminated governmental immunity from claims by parents of a third-grade student who committed suicide after several violent incidents at school. …
Safety Law News for January 15th, 2021
— In Pennsylvania, the Superior Court of Pennsylvania, affirmed the adjudicated delinquency of a student for aggravated assault of a teaching staff member. 18 Pa.C.S. § 2705(a)(5). The law protects teachers from students who, “attempt to cause or intentionally or…
Safety Law News for January 12th, 2021
— In California, the Court of Appeal, Fifth District, ruled that a law enforcement officer violated the rights of a student by conducting a search of his person while detaining the youth on campus for smelling strongly of marijuana. The…