School Litigation

In Anastasiya M. v New York City Bd. of Educ., decided December 4, 2013, the Appellate Division, Second Department reversed a summary judgment for defendant in a case arising from a gym-class injury. Plaintiffs sued “after the infant plaintiff allegedly was injured during a school gym class when she fell while walking backwards in an accelerated…

Read More Gym Class Injury Case Survives Summary Judgment
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In Carbonnier v. Board of Education of the City of New York, a student who was injured after being pushed by another student while playing on the monkey bars in a school playground. The Appellate Division yesterday directed the entry of judgment in favor of defendant. According to the court, defendant demonstrated its entitlement to summary…

Read More Monkey Bar Injury Case Dismissed
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The Appellate Division, First Department recently upheld an arbitrator’s decision to terminate the respondent, a tenured teacher, for making death threats towards an arbitrator. The decision is In re Smith v. NYC Dept. of Education, 2013 NY Slip Op 05765 (Sept. 3, 2013). Initially, the court held that the arbitrator’s decision to terminate the petitioner…

Read More Death Threats Justified Teacher’s Firing; No First Amendment Protection for “True Threats”
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The U.S. Court of Appeals for the Second Circuit recently affirmed (by summary order) a dismissal of a claim, arising from a female student’s alleged harassment and bullying, under Title IX of the Education Amendments of 1972. The decision is KF ex rel. CF v. Monroe Woodbury Central School Dist., 13-516-cv, decided August 27, 2013. Plaintiffs…

Read More Second Circuit Affirms Dismissal of Title IX School Bullying Claim
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Summa v. Hofstra (11-1743, Feb. 21, 2013):  The Second Circuit found that plaintiff student/football team manager Lauren E. Summa presented sufficient evidence to support her retaliation (but not her harassment) claims against the defendants.  Plaintiff claimed that she was harassed by several football players and then subjected to retaliation for complaining about it.  Among other things,…

Read More 2nd Circuit: Student/Coach May Continue Retaliation, But Not Harassment, Claims Against Hofstra University
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In a March 22, 2012 opinion (authored by Judge Ralph Winter), the Second Circuit held, in Cuff v. Valley Central School District et al., that the defendant school did not violate a student’s First Amendment rights by suspending him for six days after he created a crayon drawing in which he expressed his desire to…

Read More 2d Circuit Upholds Suspension of 10-Year Old Who Expressed Desire to Blow Up School
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