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School Litigation

In Irrera v. University of Rochester, No. 16-2004, 2017 WL 2587324 (2d Cir. June 15, 2017), the Second Circuit held that the plaintiff – a piano student at the Eastman School of Music at the University of Rochester – plausibly alleged a claim of retaliation for complaining of sexual harassment by his teacher (defendant Dr. […]

In Bailey v. N.Y. Law Sch., No. 16 CIV. 4283 (ER), 2017 WL 835190 (S.D.N.Y. Mar. 1, 2017) (J. Ramos), the court held that plaintiff (a law student) sufficiently alleged a retaliation claim (but not a “deliberate indifference” claim) under Title IX of the Educational Amendments Act of 1972. This case arose from an alleged […]

It has been reported that Queens physical education teacher Peter Maliarakis has settled his “whistleblowing” retaliation lawsuit against the New York City Department of Education, Principal Namita Dwarka, and others. He alleges in his 2014 lawsuit (here and below), among other things, that the school administration retaliated against him after he told an Office of Special Investigation (OSI) […]

Teaching is hard work. In addition to the typical stresses of any job – rude co-workers, overbearing bosses, long hours – teachers are forced to deal with unique challenges, such as physical violence in the classroom. This has been in the news lately; the search results from a Google query for “student attack teacher” are disheartening, to […]

In Emmanuel B. v. City of New York, 2015 NY Slip Op 06750 (App. Div. 1st Dept. Sept. 8, 2015), the First Department affirmed the dismissal of plaintiff’s complaint seeking damages for personal injuries sustained in an alleged school bullying incident. Here are the facts of this personal injury case, as summarized by the court: The […]

School bullying is unquestionably a serious issue. Whether it’s “traditional” physical bullying or so-called “cyberbullying”, such conduct can have negative effects on the victims for years after the fact. Bullying also presents legal issues, namely, whether and to what extent the school will be liable when a bullied victim sustains injuries. A recent case, Amandola v. […]

In Luis S. v. City of New York, 2015 NY Slip Op 06022 (1st Dept. July 9, 2015), the plaintiff broke his knee after attempting to clear a hurdle which was part of a middle gym class obstacle course. The Appellate Division, First Department reversed a denial of summary judgment to defendants and dismissed the action. The court […]

In Doe v. Hagenbeck et al., No. 13 CIV. 2802 AKH, 2015 WL 1611153 (S.D.N.Y. Apr. 13, 2015), the Southern District of New York held that plaintiff, a West Point cadet, sufficiently alleged gender discrimination under the Equal Protection Clause of the Fifth Amendment to the U.S. Constitution. The court cited numerous instances of inappropriate […]

In Doe v. NYC Dept. of Education (decided March 24, 2015), the Appellate Division, First Dept. affirmed the dismissal of plaintiff’s complaint alleging improper sexual conduct between a teacher and a student. It was “undisputed that defendant Agosto, a substitute teacher at another school and the infant plaintiff’s track coach, had unlawful sexual intercourse with the […]

In DiGiacomo v. Town of Babylon (App. Div. 2nd Dept. Jan. 28, 2015), the Appellate Division, Second Department affirmed the denial of defendant’s motion for summary judgment. Here are the facts of this personal injury case, the six-year old plaintiff was injured when she fell from a “monkey bar”. According to her testimony: [P]rior to her accident, […]