Justia Civil Procedure Opinion Summaries

The Sumter County Board of Education ("the SCBE") appealed a circuit court's dismissal of its complaint asserting claims of reformation of a deed, breach of contract, and fraud, as well as seeking declaratory and injunctive relief, against the University of West Alabama ("UWA"); UWA's president Dr. Kenneth Tucker, in his individual and official capacities; and UWA's former president, Dr. Richard Holland, in his individual and official capacities. Because a new high school had been built, in early 2010 the SCBE closed Livingston High School ("LHS"). Shortly thereafter, officials from UWA approached the SCBE about the possibility of purchasing the LHS property. In 2011, a "Statutory Warranty Deed" conveying the LHS property from the SCBE to UWA ("the deed") was executed, and it was signed on the SCBE's behalf by Dr. Morton. The deed did not contain any restrictions on the LHS property or its use. The deed was recorded in the Sumter Probate Court on June 27, 2011. In May 2017, the University Charter School ("UCS") filed an application with the Alabama Public Charter School Commission ("the APCSC") to establish a charter school in Sumter County. In its application, UCS stated that the LHS property was its first choice for the location of the school. The APCSC approved UCS's application in July 2017. In October 2017, it was publicly announced that UWA had an agreement with UCS for UCS to use the LHS property to house its school.3 The SCBE's complaint alleged that in November 2017 the SCBE contacted UWA president Dr. Tucker and "requested that Defendant UWA honor its covenant not to use Livingston High School property as a K-12 charter school." However, UCS continued its preparations, and in August 2018 UCS opened its charter school on the LHS property with over 300 students attending. In May 2018, the SCBE filed the complaint at issue here, and the circuit court ultimately dismissed the complaint. Because the Alabama Supreme Court found that a restrictive covenant in the sales contract violated clear public policies of the Alabama School Choice and Student Opportunity Act, the restrictive covenant was unenforceable. Therefore, the circuit court's judgment dismissing all the claims against the University defendants was affirmed. View "Sumter County Board of Education v. University of West Alabama, et al." on Justia Law

X.M., a student at Maple Elementary School, sued Hesperia Unified School District (HUSD), claiming he was sexually assaulted on campus by one of their employees. He sought treble damages under Code of Civil Procedure section 340.1, alleging his assault resulted from HUSD’s cover up of a prior sexual assault by the same employee. The trial court granted the school district’s motion to strike the increased damages request on the ground that treble damages under section 340.1 were primarily punitive and therefore barred by Government Code section 818. X.M. filed a petition for writ of mandate asking the Court of Appeal to vacate the trial court’s order and conclude section 818’s immunity did not apply to the treble damages provision at issue here. He argued the primary purpose of the provision is to compensate victims of childhood sexual assault for the additional harm caused by discovering their abuse could have been prevented if those entrusted with their care had responded differently to prior sexual assaults on their watch. In the alternative, he argues the provision’s primary purpose is to incentivize victims to come forward and file lawsuits. The Court concluded the primary purpose of section 340.1’s treble damages provision was punitive because it was designed to deter future cover ups by punishing past ones. "[T]he economic and noneconomic damages available under general tort principles are already designed to make childhood sexual assault victims whole ... It is the rare treble damages provision that isn’t primarily designed to punish and deter misconduct, and nothing in section 340.1 or its legislative history convinces us the Legislature intended the increased award to be more compensatory (or incentivizing) than deterrent." Further, the Court held that section 818’s immunity applied when the defendant was a public agency like HUSD. The Court therefore denied the petition. View "X.M. v. Super. Ct." on Justia Law

Amy Williamson petitioned the Alabama Supreme Court for a writ of mandamus directing the Tuscaloosa Circuit Court to enter a summary judgment in her favor based on State-agent immunity. Twenty-year-old Re.W. was a student in the CrossingPoints program, a collaborative program between the University of Alabama, the Tuscaloosa City Board of Education, and the Tuscaloosa County Board of Education that served college-aged students with mental disabilities. Williamson was a teacher in the program and an employee of the Tuscaloosa City Board of Education, and Amy Burnett was a "para-educator" with the program. In 2015, Williamson and Burnett transported Re.W. and three other students to various businesses to submit job applications. While Williamson and Burnett took two students into a Lowe's home-improvement store to submit applications, Re.W. and a male student stayed in the CrossingPoints van. Re.W. stated that, during the short time that the others were inside the store, the male student touched her on her breast and between her legs. In 2019, Re.W., by and through her parents and next friends, Ro.W. and V.W., sued Williamson on counts of negligent, wanton, and/or willful failure to perform ministerial acts and the tort of outrage. Williamson filed an answer to the complaint denying the material allegations and asserted multiple affirmative defenses. Williamson later moved for summary judgment, asserting, among other things, that Re.W.'s claims were barred by the doctrine of State-agent immunity. Because the Alabama Supreme Court concluded that Williamson established that, at the time of the incident, she was performing a discretionary function, and because the Court concluded Re.W. did not present any evidence to establish that an exception to State-agent immunity applied, Williamson established that she was entitled to State-agent immunity. Accordingly, the petition for the writ of mandamus was granted and the trial court directed to vacate its order denying Williamson's motion for a summary judgment, and directed to enter a summary judgment for Williamson. View "Ex parte Amy Williamson." on Justia Law

FASORP brought suit against the NYU Defendants, seeking declaratory and injunctive relief pursuant to Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972. In an Amended Complaint, FASORP pleads that its members have standing to challenge the Law Review's article-selection and editor-selection processes, as well as the Law School's faculty-hiring processes, all of which FASORP alleges violated Title VI and Title IX by impermissibly considering sex and race in its selection and hiring decisions.The Second Circuit affirmed the district court's dismissal of the complaint without prejudice and held that FASORP does not have standing to sue NYU because it has failed to demonstrate injuries to its members. In this case, even if FASORP's pleadings were found to sufficiently identify members who have suffered the requisite harm, FASORP fails to demonstrate that those members have experienced an invasion of a legally protected interest that is certainly impending or that there is a substantial risk that the harm will occur. The court explained that, without any "description of concrete plans" to apply for employment, submit an article, or of having submitted an article, that will or has been accepted for publication, FASORP's allegations exhibit the kind of "some day intentions" that cannot "support a finding of [] actual or imminent injury." View "Faculty, Alumni, and Students Opposed to Racial Preferences v. New York University" on Justia Law

Doe, a student at a public school in Virginia, had recently undergone a gender transition. Vlaming, Doe’s French teacher, refused to use male pronouns to refer to Doe. Vlaming argued that using male pronouns to refer to someone who was born a female violated his religious beliefs. Eventually, the superintendent placed Vlaming on administrative leave and recommended his dismissal. After a hearing, the School Board dismissed Vlaming for failure to comply with his superiors’ directives and violations of policies prohibiting discrimination and harassment. Vlaming sued, alleging statutory and constitutional violations and breach of contract. The Board removed the case to federal court, arguing the district court had removal jurisdiction because it had federal question jurisdiction, 28 U.S.C. 1441(c), over whether Title IX prohibits discrimination on the basis of gender identity. The Board also argued that because Title IX, 20 U.S.C. 1681, was a “law providing for equal rights,” section 1443(2), the civil rights removal statute, authorized removal.The district court granted Vlaming’s motion for remand. The Fourth Circuit affirmed. Because none of Vlaming’s state law claims necessarily raises a federal issue, federal question jurisdiction is lacking, and section 1441(c) does not provide a basis for removal. The Supreme Court has limited the meaning of a “law providing for equal rights” in section 1443 to only those concerning racial equality. View "Vlaming v. West Point School Board" on Justia Law

Plaintiffs brought a putative class action against the School District, claiming that shortcomings in the District’s translation and interpretation services violated the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400.The Third Circuit affirmed summary judgment in favor of the District, based on failure to exhaust administrative remedies. A “systemic exception” to IDEA’s administrative exhaustion requirement applies where plaintiffs “allege systemic legal deficiencies and, correspondingly, request system-wide relief" that cannot be addressed through the administrative process. The fact that a complaint is structured as a class action seeking injunctive relief, without more, does not excuse exhaustion; the systemic exception applies when plaintiffs challenge policies that threaten basic IDEA goals, not mere components of special education programs. Both named plaintiffs could bring the same IDEA claim from their complaint before a hearing officer who could then order that the District provide each parent with translated individualized education plans, more qualified or consistent interpretation services, or whatever process would ensure meaningful participation for that parent. Both the claim and the relief would be individualized, even if the relief could create spillover benefits for other parents. View "T.R. v. School District of Philadelphia" on Justia Law

When Perez (now 23) was nine, he emigrated from Mexico and started school in the Sturgis. Perez is deaf; the school assigned him a classroom aide who was not trained to work with deaf students and did not know sign language. Perez nonetheless appeared to progress academically. He was on the Honor Roll every semester. Months before graduation, the school informed the family that Perez did not qualify for a diploma—he was eligible for only a “certificate of completion.” Perez filed a complaint with the Michigan Department of Education, citing the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1412, the Americans with Disabilities Act (ADA), the Rehabilitation Act, and Michigan disabilities laws. The ALJ dismissed the ADA and Rehabilitation Act claims for lack of jurisdiction. Before a hearing on the IDEA claim, the parties settled. The school agreed to pay for Perez to attend the Michigan School for the Deaf, for any “post-secondary compensatory education,” for sign language instruction, and for the family’s attorney’s fees.Months later, Perez sued Sturgis Public Schools, with one ADA claim and one claim under Michigan law, alleging that the school discriminated against him by not providing the resources necessary for him to fully participate in class. The Sixth Circuit affirmed the dismissal of the claims. Under the IDEA, the decision to settle means that Perez is barred from bringing a similar case against the school in court—even under a different federal law. View "Perez v. Sturgis Public Schools" on Justia Law

Doe became a TCNJ tenure-track Assistant Professor in 2016, after giving birth to her third child. She alleges that the Dean and the Department Chair suggested that they were relieved that she would not need pregnancy-related accommodations in the future. Doe received positive reviews for 2017. Doe claims that after she became pregnant again, she was reassigned to a less desirable class. After Doe had her fourth child, the Dean, the Chair, and others, repeatedly asked whether she was done having children. She notified TCNJ that she was pregnant again. In 2018, a TCNJ professor attended the same class that the professor had positively reviewed in 2017 but entered a negative review; Doe claims there were no material changes. The Chair reported “non-material deficiencies” after having given her a positive review in 2017. Doe complained to the Provost, who allegedly “placed a record of discipline” in Doe’s personnel file for the Reappointment Committee. She claims she “suffered emotional trauma, became depressed, and had a miscarriage,” and that she was falsely accused of canceling classes, supported by “doctored” student comments. Doe was not reappointed.She filed suit, alleging gender, national origin, and pregnancy discrimination, and retaliation under Title VII of the Civil Rights Act. The Third Circuit affirmed the denial of her motion to proceed anonymously. Doe’s case does not merit appellate review under the collateral order doctrine. Nothing indicated that Doe’s interest in anonymity outweighs the public’s interest in open judicial proceedings. View "Doe v. The College of New Jersey" on Justia Law

For years, a municipality issued, and sought reimbursement for, construction bonds that did not satisfy the equal payments requirement of Alaska's school debt reimbursement program, and the Department of Education and Early Development reimbursed the municipality. But when the municipality, after a several year absence, sought reimbursement for additional bonds that did not comply with the equal payments requirement, the Department denied the reimbursement. The municipality sought administrative review, and the Department’s commissioner upheld the decision. The municipality then appealed to the superior court and requested a trial de novo. The superior court denied the request for a trial de novo and affirmed the Department’s decision. The municipality then appealed both the Department’s and superior court’s decisions. Because neither the Department nor the superior court erred, the Alaska Supreme Court affirmed their decisions. View "North Slope Borough v. Alaska Dept. of Education & Early Devel." on Justia Law

Defendants, the State of New Hampshire, the New Hampshire Department of Education (DOE), Governor Christopher Sununu, and the Commissioner of DOE, Frank Edelblut (collectively, the State), appealed a superior court decision denying, in part, the State’s motion to dismiss and denying its cross-motion for summary judgment, granting plaintiffs’ motion for summary judgment on grounds that the amount of per- pupil base adequacy aid set forth in RSA 198:40-a, II(a) (Supp. 2020) to fund an adequate education was unconstitutional as applied to the plaintiff school districts, and awarding plaintiffs attorney’s fees. Plaintiffs, Contoocook Valley School District, Myron Steere, III, Richard Cahoon, Richard Dunning, Winchester School District, Mascenic Regional School District, and Monadnock Regional School District, cross-appealed the trial court’s failure to find RSA 198:40-a, II(a) facially unconstitutional; its determinations regarding the sufficiency of the State’s funding of transportation, teacher benefits, facilities operations and maintenance, and certain services; its failure to find that the State’s system of funding education violates Part II, Article 5 of the State Constitution; and its denial of their request for injunctive relief; and its dismissal of their claims against the Governor and the Commissioner. The New Hampshire Supreme Court affirmed the trial court’s dismissal of the Governor and the Commissioner in their individual capacities, and its denials of the State’s motion to dismiss for failure to state a claim, the State’s cross-motion for summary judgment, and plaintiffs’ request for injunctive relief. However, the Court reversed that portion of the trial court’s order granting plaintiffs’ motion for summary judgment and awarding attorney’s fees, and remanded for further proceedings. View "Contoocook Valley School District v. New Hampshire" on Justia Law