— In Florida, the District Court of Appeal of Florida affirmed the ruling of the lower court that the school resource officer on duty during the campus shooting at Parkland High School was not entitled to immunity. The court ruled…
Author: Bernie James
Safety Law News for September 4th, 2020
— In Arizona, the Court of Appeals of Arizona refused to dismiss a gross negligence case arising out of an off-campus shooting in which two students were killed. Applying Arizona law that removed foreseeability from the duty framework, the court…
Safety Law News for September 2nd, 2020
— In New York, the Massena Central School District is looking for a local law enforcement agency to supply it with a school resource officer. Its contract with the Massena Police Department was not renewed. The department cited potential liability…
Safety Law News for August 28th, 2020
— In Pennsylvania, the United States Court of Appeals ruled that school officials violated the rights of a student who was suspended from the cheerleading team for violating the personal conduct rules for cheerleaders. The court ruled that the student,…
Safety Law News for August 25th, 2020
— In Maine, the United States Court of Appeals upheld a preliminary injunction that prevented school officials from suspending a student who posted a sticky note in the bathroom that said, “THERE’S A RAPIST IN OUR SCHOOL AND YOU KNOW…
Safety Law News for August 21, 2020.
— In New Mexico, the Court of Appeals of New Mexico ruled that a student’s statements, made when he was thirteen years old, to the assistant principal of his school, were presumptively inadmissible under a state law that provides that,…
Safety Law News for August 18, 2020
— In Colorado, the United States District Court held that the authority of school officials to discipline student speech under Tinker v. Des Moines Schools (393 U.S. 503 (1969)), applied to the off-campus speech of student who posted a picture…
Safety Law News for August 5th, 2020
— In California, the California Court of Appeal overturned a probation condition requiring a search of a student’s electronic devices. The student was declared a ward of the juvenile court after being found vaping and in possession of a knife…
Safety Law News for July 28, 2020
— In New York, the Supreme Court, Appellate Division refused to dismiss a lawsuit brought by parents whose kindergarten child was assaulted in the bathroom. The court held that “schools are under a duty to adequately supervise the students…and will…
Safety Law News for July 21, 2020
— In Pennsylvania, the United States Court of Appeals ruled that educators violated the First Amendment rights of a student who after failing to make the school’s varsity cheerleading team, posted on the Internet the comment, “Fuck school fuck softball…