Safety Law News for September 30, 2022

— In Michigan, the United States District Court, ruled that an Instagram account created off-campus by a student, that targeted, threatened, and harassed specific teachers and a student, was not protected speech.  The court, in upholding the school discipline of a ten-day suspension for his involvement in setting up the Instagram account to impersonate a teacher, held that the suspended student knew that the site functioned as a platform through which other students made harassing posts. The court also found that the recent U.S. Supreme Court case of Mahanoy Area School District v. B.L. ex rel. Levy, 141 S.Ct. 2038, 2044 (2021), did not protect the student because, “the Mahanoy court listed several types of off-campus behavior that may call for school regulation, including serious or severe bullying or harassment targeting particular individuals and threats aimed at teachers or other students.”  Kutchinski v. Freeland Community School District

— In Texas, families of survivors from the May 2022 Robb Elementary School shooting filed a civil lawsuit against law enforcement officials and the Uvalde school district.  The lawsuit accuses the officials and the gun manufacturers and sellers of significant failures and negligence that enabled the gunman to carry out the shooting.  It seeks unspecified damages for intentional infliction of emotional distress.  Other families are beginning to protest outside the school district’s headquarters demanding accountability and an investigation into the incident.

— In Massachusetts, school resource officers from the Seekonk Police Department are deploying a Labrador as a comfort dog.  The policy of providing students with frequent encounters with comfort dogs is spreading across school districts.  Often called “therapy dogs,”  the canines assist students who have anxiety, who have experienced trauma, or who have other special needs. 

— In Connecticut, officials in Westport are collaborating with local organizations to set up a voluntary registry for family and friends of people with mental health challenges, such as schizophrenia, who may panic or seem violent when approached by police. The registry allows relatives or friends to flag anyone who might benefit from additional support — and provide information about how to best de-escalate any situations with them.  Police officers are officers are receiving training focusing on dealing with mental health and substance abuse issues.