Council of School Attorneys

Johnson v. Poway Unified School District (9th Cir.)

First Amendment:   Employee free speech—authority of school district to regulate teacher classroom expression.  Filed July 23, 2010. By Thomas Hutton 

Jefferson County School District R-1 v. Elizabeth E. (10th Cir.)

IDEA: Medical care - unilateral placement of student receiving special education services in mental health facility - reimbursement when placement is primarily for education purposes. Filed September 26, 2011 By Francisco Negron

Hispanic Interest Coalition of Alabama v. Bentley (11th Cir.)

Fourteenth Amendment: school-related provisions in Alabama's immigration law violate Equal Protection Clause guarantees established in U.S. Supreme Court's decision in Plyler v. Doe. Filed November 22, 2011 By Cecil Gardner

Fisher v. University of Texas at Austin (U.S. Sup. Ct. - Merits Brief)

Fourteenth Amendment - Equal Protection Clause: Whether the U.S. Supreme Court's decisions interpreting the Equal Protection Clause of the 14th Amendment, including Grutter v. Bollinger, 539 U.S. 306, 71 U.S.L.W. 1788 (2003), permit the University of Texas at Austin's use of race in undergraduate admissions decisions. Filed August 13, 2012 By C. Mitchell Brown

Filarsky v. Delia (U.S. Sup. Ct. - Merits Brief)

Qualified immunity: Is a lawyer retained to work with government employees in conducting an internal affairs investigation precluded from asserting qualified immunity solely because of his status as a "private" lawyer rather than a government employee . Filed November 22, 2011 By Geoffery Eaton

Dydell v. Taylor (Mo. Sup. Ct.)

Coverdell Teacher Protection Act: applicability to school administrators for acts and omissions in disciplining students; interaction with state official immunity laws.  Filed 9/1/10.

Doe v. Covington Cnty. Sch. Dist. (5th Cir.)

Fourteenth Amendment: Due Process - special relationship theory of liability for acts of third parties - state created danger exception based on school district's ID check policy for visitors. Filed December 30, 2011 By Lisa Brown

D.L. v. Baltimore Cnty. Bd. Sch. Commissioners (4th Cir.)

Section 504 of the Rehabilitation Act of 1973: Whether disabled student enrolled in private school is entitled to services under Section 504 on the same basis as a disabled student enrolled in public school. Filed April 9, 2012 By Francisco Negron

City of Ontario v. Quon (U.S. Sup. Ct.) - Merits Brief

Fourth Amendment:  Right to search employee’s messages transmitted via public employer’s electronic communication devices.  Filed February 12, 2010. By Peter Fagen

C.H. v. Heyward (4th Cir.)

First Amendment:  Student free speech—Authority of school district to regulate wearing of apparel displaying Confederate flag.  Filed June 1, 2010.By Francisco Negron


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