Case of the Week
Murphy v. City of Aventura, (C.A.11 (Fla.))
July 30, 2010: Labor and Employment —Charter school principal was not subjected to hostile work environment based on sexual harassment in violation of Title VII.
City manager's general vulgar remarks to employees of charter school that he supervised did not create a hostile work environment. Thus, the school principal's Title VII sexual harassment claim was precluded, on grounds that the remarks were gender-neutral and neither severe nor pervasive. Some remarks were directed at both male and female employees, and the other nine degrading and sex-based remarks were made over a three-year time period and did not unreasonably interfere with the principal's work performance. The principal's alleged nightmares, depression, and anxiety did not surface until one month after her termination.
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R.B. v. New York City Dept. of Educ., (S.D.N.Y.)
July 25, 2010: Disabled Students—Equities weighed in favor of reimbursement for parents' costs of "Jump Start" program at private school.
Bougades v. Pine Plains Cent. School Dist, (C.A.2 (N.Y.))
July 11, 2010: Disabled Students—An individualized education plan adequately addressed a student's difficulties with homework and writing.
Harris v. Five Point Mission-Camp Olmstedt, (N.Y.A.D. 2 Dept.)
June 10, 2010: Athletics—Summer camp did not negligently supervise soccer player or negligently maintain the soccer field where he was injured.
E.H. v. Board of Educ. of Shenendehowa Central School Dist., (C.A.2 (N.Y.))
May 11, 2010: Disabled Students—School district did not deny free appropriate public education to disabled student by placing him in class of 12 students.
Doe v. School Bd. of Broward County, Fla., (C.A.11 (Fla.))
April 28, 2010: Civil Rights—Principal could not be held individually liable under 1983 for teacher's sexual harassment of student.
Anchorage School Dist. v. D.S., (D.Alaska)
April 8, 2010: Disabled Students—Hearing officer exceeded her IDEA authority by replacing IEP team with service providers from home-based program.
Chattooga County Bd. of Educ. v. Searels, (Ga.App.)
March 10, 2010: Standards and Competency—Termination of teacher who twice commented inappropriately as to her special education students was supported by the evidence.
Odekirk v. Bellmore-Merrick Cent. School Dist., (N.Y.A.D. 2 Dept.)
March 1, 2010: Torts—Student's injuries sustained while playing floor hockey were not proximately caused by allegedly inadequate supervision.
Robinson v. Sacred Heart School, (N.Y.A.D. 2 Dept.)
February 16, 2010: Torts—A school was not liable for a student's injuries on a "negligent security" theory.
Roe, ex rel. Callahan v. Gustine Unified School Dist., (E.D.Cal.)
February 1, 2010: Athletics—School district exercised substantial control over players at football camp, as required for student's sexual discrimination and harassment claims.