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Legal Digest Newsletter Archives


David P. Thompson, Ph.D.1Lest there be any doubt, technology has changed the enterprise of schooling in the United States and around the globe.  One of the latest, albeit emerging, trends in technology manifests itself in the use of Radio Frequency Identification (RFID) to locate students while on school premises.  Of course, as coined by Sir [...]


Walsh, Anderson, Gallegos, Green & Treviño, P.C. The Dawg is pleased to report the results of “March Madness Comes to School Law!”  Thanks to all who participated in choosing the Most Important School Law Case of All Time.  To the surprise of no one, the winner is BROWN v. BOARD OF EDUCATION.  This is a [...]


Elections DID THE SCHOOL DISTRICT IMPROPERLY DENY THE APPLICATIONS FOR CANDIDACY FOR THE SCHOOL BOARD ELECTION? Case citation:  In re Rodriguez, __ S.W.3d __, 2013 WL 1189005 (Tex. App. – Beaumont 2013). Summary:  Marcelino Rodriguez, Donna Jean Forgas, and Linda Marie Wiltz Gilmore filed applications for positions on the ballot for the Beaumont Independent School [...]


Nonrenewal DID THE WOMAN STATE VALID CLAIMS STEMMING FROM HER NONRENEWAL? Case citation:  Gallien v. Goose Creek CISD, 2013 WL 1141953 (Tex. App. – Houston [14th Dist.] 2013) (unpublished). Summary:  Adrienne Gallien was employed as a teacher by the Goose Creek Consolidated Independent School District, but the district nonrenewed her contract.  Gallien’s nonrenewal was upheld [...]


Negligence DID THE “RECREATIONAL USE STATUTE” BAR THE NEGLIGENCE SUIT AGAINST THE UNIVERSITY? Case citation:  University of Texas at Arlington v. Williams, __ S.W.3d __, 2013 WL 1234878 (Tex. App. – Waco 2013). Summary:  Sandra and Steve Williams attended their daughter’s high school soccer game at the University of Texas at Arlington’s (UTA) Maverick Stadium.  [...]


Jurisdiction DID THE TRIAL COURT HAVE JURISDICTION OVER THE FATHER’S NEGLIGENCE CLAIMS? Case citation:  Hardaway v. Dallas ISD, 2013 WL 1245565 (N.D. Tex. 2013) (unpublished). Summary:  Tyron Hardaway brought suit without the assistance of legal counsel against the Dallas Independent School District.  The lawsuit alleged that the district was negligent in failing to protect his [...]


Attorneys’ Fees WERE THE PARENTS “PREVAILING PARTIES” ENTITLED TO ATTORNEYS’ FEES? Case citation:  Alief ISD v. C.C., __ F. 3d __, 2013 WL 1337370 (5th Cir. 2013). Summary:  C.C. received special education services from the Alief Independent School District when the parents filed a request for a due process hearing alleging multiple violations of the [...]


Excessive Force COULD THE PARENT PURSUE EXCESSIVE FORCE CLAIMS AGAINST THE DISTRICT? Case citation:  Moreno v. Gonzalez, Dkt. No. 12-CV-1058-LY (W.D. Tex. 2013) (unpublished). Summary:  Sylvia Moreno, mother of A.P., brought suit against one of A.P.’s gym teachers and the Hays Consolidated Independent School District alleging that the teacher used excessive force in disciplining the [...]


Criminal Conduct WAS THE EVIDENCE SUFFICIENT TO UPHOLD THE TEACHER’S CONVICTION? Case citation:  Ohonba v. State of Texas, 2013 WL 1283225 (Tex. App. – Dallas 2013) (unpublished). Summary:  Isaac Ohonba, a teacher for the Dallas Independent School District, was indicted for the offense of making a false statement to a law enforcement employee.  The indictment [...]