Justia U.S. 7th Circuit Court of Appeals Opinion Summaries

Dass, born in India, was first hired as a teacher in 1991. In 2002, Dass was hired at Casals. Donaldson was the principal and rated Dass's overall performance through 2005 as excellent, but never recommended Dass for tenure based on concern that Dass was not a strong disciplinarian. Donaldson retired in 2005 and non-renewed Dass for the 2005-2006 school year. Dass was rehired for the year, but because of an error, was displaced after that school year when Casals lost teaching positions due to budget constraints. Dass won a grievance and was reinstated. Dass received medical leave in December 2006. She did not return the rest of the school year. In 2007, the principal recommended non-renewal. The Board accepted the recommendation. Dass filed suit, alleging national origin discrimination and retaliation under the Civil Rights Act of 1964, 42 U.S.C. 2000e; discrimination in violation of the Americans with Disabilities Act, 42 U.S.C. 12101.; and discrimination under 42 U.S.C. 1981. The district court granted defendants summary judgment. The Seventh Circuit affirmed. Assignment to teach seventh grade was not an adverse employment action and there was no evidence of discrimination based on national origin.

In 2006, plaintiff, then in ninth grade, was reported as having a knife. The school board held a hearing and entered an expulsion order. Plaintiff was conditionally reinstated for the next school year. In 2007 an administrator learned that the statement, "Only one bullet left, no one to kill but myself," appeared on plaintiff's backpack. Three more incidents involving threats or physical violence followed. Following meetings, he was permanently expelled and enrolled in private school. The state superintendent reversed the expulsion, but plaintiff remained in private school. Seen using the public school gym facilities, plaintiff was asked to leave; he became agitated and confrontational. The school barred him from the premises and he was subsequently cited for trespass. The district court entered summary judgment for the district with respect to his many claims under 42 U.S.C. 1983. He appealed with respect to the ban on entering school grounds. The Seventh Circuit affirmed. As a member of the public, plaintiff does not have a protected liberty interest in accessing school grounds; defendants had no obligation to provide him with process in connection with the ban.

Under the Individuals with Disabilities Education Act, 20 U.S.C. 1400, states receive federal funding for education of disabled children if local schools provide a "free appropriate public education" to all resident children with disabilities. Local districts must identify children with disabilities, determine whether they require special-education services, and develop individualized education programs (IEPs) tailored to each student's specific needs. In 2001, students with disabilities sued Milwaukee Public Schools and the Wisconsin Department of Public Instruction, alleging IDEA violations. The case became focused on "child find" requirements. DPI settled by agreeing to order MPS to meet compliance benchmarks. The district court approved the settlement over MPS's objection and ordered MPS to set up a court-monitored system to identify disabled children who were delayed or denied entry into the IEP process, implement hybrid IEP meetings, and craft compensatory-education remedies. The Seventh Circuit vacated the class-certification order and liability and remedial orders. IDEA claims are highly individualized, making the case unsuitable for class-action treatment. The claims lack commonality required by Rule 23(a)(2). DPI's settlement was vacated as requiring more of MPS than DPI had the statutory authority to demand.

Plaintiffs challenged the school district practice of giving preference to the boys' Friday and Saturday night basketball games, asserting that non-primetime games result in a loss of audience, conflict with homework, and foster feelings of inferiority. The district court dismissed the claims under Title IX of the Education Amendments of 1972, 20 U.S.C. 1681(a) and an equal protection claim, 42 U.S.C. 1983 on grounds of sovereign immunity. The Seventh Circuit vacated. Plaintiffs presented a genuine question of fact that such practices violate the statute. Defendants are "persons" within the meaning of section 1983, subject to suit under that statute.

Parents disagreed with the school system's assessment of appropriate services for their four-year-old, who had suffered traumatic brain injuries. The Indiana Board of Special Education Appeals affirmed on most points, concluded that the parents failed to show that any procedural violation significantly impeded their opportunity to participate in the decision-making process or caused a deprivation of educational benefits, and confirmed that the child did not require a full-time kindergarten program in order to receive a free appropriate public education. The district court entered summary judgment in favor of the school district. The Seventh Circuit affirmed. The child's rights under the Individuals with Disabilities Education Act, 20 U.S.C. 1400-1491 were not affected by any procedural errors. The record supports the conclusion that the child was making progress toward his Individual Education Plan goals Because the school conducted its evaluation of the child within 60 instructional days of receiving parental consent, it fully complied with its "child find" obligations. The parents were not entitled to reimbursement for their costs of placing the child in a private school or for attorney fees.

Plaintiff, an Arab Muslim, served as an associate professor at a state from 2001 to 2006. His performance record was consistently sub-par, and he frequently sparred with policy decisions made by his supervisor. Informed that his contract would not be renewed, he filed suit, alleging that that the school refused to renew his contract based on his race, national origin, and religion, and in retaliation for several claimed instances of complaining about discrimination, all in violation of Title VII. The district court entered judgment for the school. The Seventh Circuit affirmed. There was no direct or circumstantial evidence that plaintiff was treated differently than similarly situated individuals outside his protected class, nor did plaintiff establish retaliation.

Unable to maintain a satisfactory academic record in a state dental school, plaintiff was dismissed. He unsuccessfully petitioned school committees and administrators to overturn the decision, then filed a complaint alleging First Amendment, equal protection, and procedural due process violations. The district court dismissed. The Seventh Circuit affirmed, holding that petitioner received ample process. He had ample notice, having been on academic probation, he was given several opportunities to remediate, and was allowed to appeal.

A jury awarded compensatory and punitive damages under 42 U.S.C. 1983 and 20 U.S.C. 1681 for failure by defendant,a middle school principal, to prevent sexual abuse of several female students by their band teacher. The band teacher pled guilty to multiple counts of aggravated kidnapping and aggravated criminal sexual abuse. The Seventh Circuit affirmed the awards. The awards of compensatory damages reflected consideration of the harm to each individual plaintiff; the award of punitive damages was justified in light of defendant's failure to act.

A special education support teacher sued the school district and administrators under 42 U.S.C. 1983, asserting that her constitutional rights were violated because she was ordered to a room with an autistic fourth-grade student even though he was known to be violent and should have been previously transferred to an alternative school. The district court granted summary judgment for defendants. The Seventh Circuit affirmed, stating that the district's actions were flawed and short-sighted, but do not "shock the conscience" as required to maintain a substantive due process claim.

A suit by a school district employee, terminated after absence under the Family and Medical Leave Act, was dismissed. The Seventh Circuit remanded claims under the FMLA and for breach of contract. The parties entered a settlement agreement. After the superintendent for the district took his own life, the employee challenged the agreement and refused to sign the agreement. The district court dismissed the entire case and a motion for sanctions against the employee is pending. The Seventh Circuit affirmed. The oral settlement, agreed-to in the presence of a magistrate, is valid; the fact that the employee was unaware that the superintendent was under investigation for child molestation does not amount to concealment of a fact material to this case. The employee's refusal to comply with court orders to sign the agreement left the court with little choice but to dismiss her claims, causing forfeiture of a substantial settlement.