Last month, the Sixth Circuit Court of Appeals reversed the dismissal of a Title IX action initiated by several individuals who claimed they were abused by a physician at the Ohio State University between 1978 and 1998.  Although the University claimed that the claims fell well beyond the statute of limitations, the Plaintiffs countered that […]

5 Minute Message Video Series In this 5 Minute Message, Miller Johnson attorney Adam Walker discusses guidelines for Michigan schools when it comes to political speech for students and educators. Watch the 5 Minute Message here.  Questions? Contact the author Adam Walker. Stay Connected With Us: Email: Want to receive Miller Johnson’s education law email […]

Recently, the Michigan Court of Appeals issued an unpublished decision in Jones Day v Dep’t of Environment, Great Lakes, and Energy.  The case revolved around a Freedom of Information Act request that EGLE had denied based on FOIA’s exemption for requests for information pertaining “to a civil action in which the requesting party and the […]

In a recent Michigan Court of Appeals decision, Richman v Ingham County, the court addressed a citizen’s assertion that the County violated the Freedom of Information Act (FOIA).  Richman had requested records relative to a complaint against two County 911 dispatchers over the alleged misuse of the Computer Assisted Dispatch (CAD) system.  The County provided […]

In August, a panel of the Sixth Circuit heard a challenge to the (now‑rescinded) MDHHS mask order requiring the use of masks in Michigan schools.  The Plaintiffs asserted a number of arguments, but their main contention was that the mandate violated their free exercise of religion.  The trial court refused to put in place an […]

In a recent unpublished decision, the Michigan Court of Appeals overturned the decision of a trial court judge which would have allowed a student’s parents to pursue intentional and negligent tort claims against a school district, its superintendent, and a building principal.  The allegations animating the case were straightforward.  Abdul‑Sattar Dannaoui was a preschool student […]

On August 23, 2021, the Sixth Circuit Court of Appeals rejected the attempt of a Lansing nonpublic school, Resurrection School, and related individuals to challenge last school year’s MDHHS mask mandate.  The Plaintiffs attempted to enjoin further mask mandates in schools, citing alleged violations of constitutional entitlements to free exercise of religion, substantive due process, […]

On Monday, the United States Supreme Court denied certiorari in Grimm v. Gloucester County School Board, a case involving a transgender student – Gavin Grimm – who was banned from using the school restrooms consistent with his gender identity.  Justices Thomas and Alito would have granted certiorari and would have heard the case, but they […]

The Michigan Court of Appeals recently released its opinion in Sebald v Belding Area Schools, a case involving the layoff and recall of Sebald, a tenured teacher.  Sebald first became hired by the School District in 1999 and taught multiple subjects during his employment.  But, during the 2016‑2017 school year, Sebald received a rating of […]

For decades, school administrators have worked under the Tinker standard – i.e., the principle that on‑campus student free speech can only be disciplined where it causes a substantial disruption to the school environment.  Since then, the Supreme Court has weighed in on only a few student speech cases and, until today, those cases did not generally directly […]