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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Johnson v. Edgewood City School Dist. Bd. of Edn., (Ohio App. 12 Dist.)
December 29, 2009: Labor and Employment—Evidence did not support termination of high school teacher who gave embarrassing assignment.
Workman v. Mingo County Schools, (S.D.W.Va.)
November 18, 2009: Religion—County board of education was entitled to Eleventh Amendment immunity.
T.Y. v. New York City Dept. of Educ., (C.A.2 (N.Y.))
October 13, 2009: Disabled Students—Disabled student's individualized education plan (IEP) was neither procedurally nor substantively deficient under IDEA.
S.J. v. Lafayette Parish School Bd., (La.App. 3 Cir.)
September 17, 2009: Torts—School board policy that prohibited bus transportation for students placed in Behavior Clinic violated statutory requirement to provide free transportation to students who lived more than one mile from school.
B.T. ex rel. Mary T. v. Department of Educ., State of Hawaii, (D.Hawaii)
September 9, 2009: Disabled Students—Hawaii Department of Education was required, under IDEA, to provide special education to disabled student until age 22.
M.P. v. Santa Monica Malibu Unified School Dist., (C.D.Cal.)
August 30, 2009: Disabled Students—ALJ erred in finding that student with ADD or ADHD was not eligible for special education and related services.
Elborough v. Evansville Community School Dist., (W.D.Wis.)
August 21, 2009: Civil Rights —District did not have notice of coach's alleged sexually discriminatory acts, as would support Title IX claim
Moran v. Premier Educ. Group, LP, (D.Conn.)
March 6, 2009: Civil Rights—Fact issue as to whether instructor with asthma was disabled under ADA precluded summary judgment on discrimination claim.
Watson Chapel School Dist. v. Lowry, (U.S.)
March 6, 2009: Civil Rights—Constitutionality of disciplining students for wearing armbands to protest dress code -- Certiorari Denied
Davis v. Carter, (C.A.11 (Ga.))
January 26, 2009: Civil Rights—Alleged vigorous football workout, resulting in student's death, did not violate due process under the Fourteenth Amendment.