— In Ohio, the Ohio Court of Appeals ruled that the totality of the circumstances of a juvenile interrogation about a sexual assault supported a conclusion that juvenile was in police custody and thus Miranda warnings were necessary. In reversing…
Tag: Texas
Safety Law News for July 19, 2023
— In Florida, the District Court of Appeal reversed the refusal of the Circuit Court to issue a Risk Protection Order against a student who was caught on campus with a Glock 42 .380 caliber handgun, a loaded magazine, and…
Safety Law News for December 14, 2021
— In Texas, the United States Court of Appeals affirmed the dismissal of a lawsuit brought by parents whose special needs child was seized by the neck, thrown to the floor, and held in a choke hold by a teacher. …
Safety Law News for November 30, 2021
— In Massachusetts, the Appeals Court of Massachusetts ruled that a student’s statement to a school administrator that he was going to kill his teacher was not protected speech under the First Amendment. In reversing the lower court, the appellate…
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 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 April 27, 2021
— In New York, the Supreme Court, Appellate Division denied the school’s motion for summary judgment in a case involving the sexual assault of a student by a fellow student. The court ruled that “schools have a duty to adequately…
Safety Law News for March 16, 2021
— In Pennsylvania, the United States Court of Appeals, Third Circuit, affirmed the dismissal of a lawsuit brought by parents whose special needs child was placed in handcuffs by a school resource officer. The court ruled that the parents needed…
Safety Law News for December 17, 2020
— In New Mexico, the Court of Appeals of New Mexico held that the statements of a student to an assistant principal about possessing a knife on school property were presumptively inadmissible in a delinquency proceeding. The statute, NMSA 1978,…
Safety Law News for September 14, 2020
In Texas, the United States District Court held that a special needs student who was injured on a school sponsored field trip could not bring a claim under the Individuals with Disabilities Education Act (IDEA), § 504 of the Rehabilitation…