
Representative CasesPublic EntitiesIn re American Samoa High School Athletes In re American Samoa High School Athletes – formulated investigation plan which uncovered high school sports recruiting scandal involving student athletes from American Samoa. The investigation was followed by successful prosecution of claim in favor of governing body against those involved with scandal. Thompson v. Sacramento City Unified School District (2003) 107 Cal.App.4th 1352 Thompson v. Sacramento City Unified School District (2003) 107 Cal.App.4th 1352 – discretionary immunity enforced in favor of school district and its personnel for readmitting previously suspended student who caused severe injury to plaintiff including coma and permanent brain injury. Smith v. San Juan Unified School District Smith v. San Juan Unified School District – successful defense through trial of school district and personnel in special education department sued by parent of autistic child alleging that school’s personnel and manner of teaching were abusive towards student. Clemes v. Del Norte Unified School District (ND Cal. 1994) 843 F.Supp. 583 Clemes v. Del Norte Unified School District (ND Cal. 1994) 843 F.Supp. 583 – racial discrimination case brought by teacher for the purported benefit of students against school district and employees under Titles VII and IX. FRCP 12B6 motion granted in favor of all defendants. Couch v. San Juan Unified School District (1995) 33 Cal.App.4th 1491 Couch v. San Juan Unified School District (1995) 33 Cal.App.4th 1491 – summary judgment granted in favor of district and personnel in action by former teacher alleging libel, invasion of privacy and infliction of emotional distress. Rio Linda Unified School District v. Superior Court (1997) 52 Cal.App.4th 732 Rio Linda Unified School District v. Superior Court (1997) 52 Cal.App.4th 732 – obtained writ of mandate granting summary judgment from Third District Court of Appeal in case alleging personal injury to special needs student due to dangerous condition of public property. McMackins v. Elk Grove Unified School District (ED Cal. 1998) 21 F.Supp 1201 McMackins v. Elk Grove Unified School District (ED Cal. 1998) 21 F.Supp 1201 – ADA, failure to accommodate and wrongful termination claims of former teacher defeated on summary judgment by establishing that plaintiff was not a qualified person under statutory scheme. Knight v. Hayward Unified School District (2005) 132 Cal.App.4th 121 Knight v. Hayward Unified School District (2005) 132 Cal.App.4th 121 – successful defense of school district’s employment benefits package that lacked medical coverage for in vitro fertilization. In a case of first impression in California, the First District Court of Appeal agreed with the defense position that the group health benefit coverage for other forms of fertility treatment (which had failed in the case of the plaintiff) and that the coverage was the same for all participants, was not discriminatory for excluding IVF treatment. Customer Company v. City of Sacramento (1995) 10 Cal.4th 368 Customer Company v. City of Sacramento (1995) 10 Cal.4th 368 - successful defense of City of Sacramento and its police officers in a civil rights case involving municipal liability for destruction of private property by police in the course of apprehending an armed and fleeing felon barricaded in local convenience store. A case of first impression decided by the California Supreme Court that serves as important training for police agencies. Back to Representative Cases |