CASE OF THE WEEK

Strnad v. Floral Park-Bellerose Union Free School Dist., (N.Y.A.D. 2 Dept.)

April 30, 2008: Torts - A high school and school district were not liable for injuries inflicted on a student by another pupil.

A high school and school district had no actual or constructive knowledge of any prior similar conduct by a pupil who injured another student, and his spontaneous act could not have been reasonably anticipated, thus precluding imposition of liability in the student's personal injury suit. The pupil's disciplinary record, which showed lateness, cutting classes, and a highly disrespectful attitude towards the teachers and administration, but no violence against any students, was insufficient to put the school and the district on notice of the possibility of such conduct.

PAST CASES OF THE WEEK

Nuxoll ex rel. Nuxoll v. Indian Prairie School Dist. # 204, (C.A.7 (Ill.))

April 25, 2008: Civil Rights - High school would be preliminarily enjoined from preventing student from displaying T-shirt saying "Be Happy, Not Gay."

Gonzales v. North Carolina State University, (N.C.App.)

April 17, 2008: Labor and Employment - University's failure to respond to employee's allegation of sexual harassment was proximate cause of students' injuries.

Morrison v. Board of Educ. of Boyd County, (C.A.6 (Ky.))

April 11, 2008: Civil Rights - Student lacked standing to bring as-applied preenforcement challenge for nominal damages based upon chill from school policy.

Fronczak v. Pinellas County, Fla., (C.A.11 (Fla.))

March 31, 2008: Civil Rights - Detective had probable cause to arrest music teacher, precluding 1983 liability of detective and sheriff for false arrest.

Draper v. Atlanta Independent School System, (C.A.11 (Ga.))

March 10, 2008:  Disabled Students - Distric Court, as remedy for IDEA violatioins, could order placement in private school.

Clark County Bd. of Educ. v. Jacobs, (Ky, App.)

February 28, 2008: Labor and Employment - Teacher's injury, which occurred while chaperoning students at an off-premises convention, was "work-related."

Brannum v. Overton County School Bd., (C.A.6 (Tenn.))

February 22, 2008: Civil Rights - The videotaping of middle school students while they changed their clothes in school locker rooms was an unreasonable search.