Justia Legal Ethics Opinion Summaries

UC Davis students Doe and Roe were having consensual sex in Doe’s room, when Doe made a one-second video recording of his own face. Roe asked Doe to delete it, which he did. Months later, she made a formal complaint. Doe initially lied to the investigator but ultimately admitted to taking the recording. UC Davis imposed a one-year suspension for violations of its Sexual Violence and Sexual Harassment Policy and a policy that generally bars nonconsensual recordings that violate another person’s privacy. The trial court found UC Davis’s Title IX procedure “consistent with due process standards” but found the suspension “objectively excessive and punitive,” stating that the college must do more to explain its Title IX discipline. UC Davis then imposed a shorter suspension.Doe unsuccessfully sought $142,387.48 attorney fees under Code of Civil Procedure 1021.5 and $7,500 under Government Code 800. The court of appeal held that Doe was not entitled to attorney fees under section 1021.5 because the litigation did not confer a significant benefit “on the general public or a large class of persons.” However, section 800 authorizes an award of up to $7,500 if the challenged administrative determination “was the result of arbitrary or capricious action or conduct.” All aspects of an administrative proceeding need not be arbitrary or capricious to justify section 800 fees. The court remanded for consideration of whether UC Davis engaged in sufficient arbitrary or capricious conduct to warrant an award. View "Doe v. Atkinson" on Justia Law

C.B., a minor, suffers from generalized anxiety disorder, depression, and ADHD. During the 2017-2018 school year, the Brownsburg School Corporation determined that C.B. was eligible for accommodations under the Rehabilitation Act. In 2019, C.B. brought a shotgun shell to school with a device believed capable of discharging the shell. Brownsburg recommended expulsion. Conferences and administrative hearings followed. In April 2020, Brownsburg offered to pay for a new independent education evaluation of C.B. and to revisit C.B.’s eligibility for an individualized education plan under the Individuals with Disabilities Education Act (IDEA). C.B.’s parents agreed to various compromises if Brownsburg agreed to pay for all attorney’s fees. In July, Brownsburg indicated willingness to pay part of the fees. C.B.’s parents rejected Brownsburg’s offer and reinstated their initial demands. Brownsburg sought dismissal of the proceedings, citing its concessions and “extreme effort” to resolve this case short of an administrative hearing. The parents requested factual findings regarding attorney’s fees and acknowledgment as the “prevailing party.” The hearing officer ultimately adopted the parties’ concession regarding services for C.B. and dismissed the petitions.C.B.’s parents sued for attorney’s fees under the IDEA’, 20 U.S.C. 1415(i)(3)(B)(i)(I). The district court granted Brownsburg summary judgment. The Seventh Circuit reversed, concluding that the parents were the “prevailing party” and could be eligible for fees. Brownsburg's agreement to provide every student-related remedy set out in C.B.’s parents’ due process request was not binding until the hearing officer issued a finding. View "A. B. v. Brownsburg Community School Corp." on Justia Law

Doe, a University of Michigan student, was accused of sexual assault in 2018. Before the University’s investigation had concluded, he sued. alleging that the University’s disciplinary procedures for cases involving sexual assault violated his due process rights. The district court granted him a preliminary injunction preventing the disciplinary process from proceeding. The Sixth Circuit remanded for reconsideration in light of “Baum,” in which it held that the University’s disciplinary procedures violated due process and in light of the University’s new disciplinary policy implemented in response to that decision.The district court granted in part and denied in part the University’s motion to dismiss and granted in part Doe’s motion for partial summary judgment. The University appealed again, renewing its jurisdictional arguments. Before the appeal was heard, the complainant decided she no longer wished to participate. The Sixth Circuit determined that the appeal had become moot and vacated the summary judgment order. Doe then sought attorney fees, which the district court granted.The University appealed again. The Sixth Circuit vacated, noting that issues of ripeness, standing, and mootness have gone unaddressed through more than five years of litigation. Doe had standing to sue to seek the release of his transcript but that the district court lacked jurisdiction over his remaining claims. Doe was the prevailing party only as to his due process claim seeking the release of his transcript. View "Doe v. University of Michigan" on Justia Law

In September 2022, the Kentucky Judicial Conduct Commission sent letters to Fischer, who is running for the Kentucky Supreme Court, and Winter, who is running for the Court of Appeals, stating that unidentified individuals had filed complaints, alleging they had “engaged in political or campaign activity inconsistent with the independence, integrity, or impartiality of the judiciary," including references to the Republican Party and “pledges, promises or commitments in connection with cases, controversies, or issues likely to come before the Court—specifically the issue of abortion.” The candidates requested additional information, identifying statements that might have prompted the complaints and explaining why the First Amendment protected the statements. They sought declaratory and injunctive relief, raising facial and as-applied challenges to Kentucky's Judicial Conduct Rules. They sought an emergency injunction pending appeal, justifying their request based on “the passage of 12 days without a ruling in the middle of an election cycle,” and the “specter of … self-censorship.”That day, the district court denied the request for a preliminary injunction on standing grounds. The Sixth Circuit granted a preliminary injunction, protecting specific campaign statements. The candidates have standing and have demonstrated a likely constitutional violation. There is a credible threat of enforcement of the Rules. The candidates have guessed which of their statements might have violated the rules; the First Amendment protects each. “When a judicial commission sends vague and threatening letters to candidates on the eve of election, it puts the candidates to a choice between self-censorship and uncertain sanctions.” View "Fischer v. Thomas" on Justia Law

Lawyers brought claims against schools under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400. After the claims failed, the schools sought their attorney’s fees from the lawyers under the IDEA’s fee-shifting provision. The School Districts alleged that, during the administrative process, the attorneys presented sloppy pleadings, asserted factually inaccurate or legally irrelevant allegations, and needlessly prolonged the proceedings. The lawyers asked their insurer, Wesco, to pay the fees. Wesco refused on the ground that the requested attorney’s fees fell within the insurance policy’s exclusion for “sanctions.”The Sixth Circuit affirmed summary judgment in favor of Wesco. The IDEA makes attorney misconduct a prerequisite to a fee award against a party’s lawyer, so the policy exclusion applied. The court noted that the legal community routinely describes an attorney’s fees award as a “sanction” when a court grants it because of abusive litigation tactics. View "Wesco Insurance Co. v. Roderick Linton Belfance, LLP" on Justia Law

Sargent began working for the University in 1991 as an environmental health-and-safety technician. Sargent was the campus’s licensed asbestos consultant. Sargent sued, presenting abundant evidence about retaliation after he raised concerns about environmental hazards. A jury found in his favor on claims alleging unlawful retaliation and on a claim under the Labor Code Private Attorneys General Act (Labor Code 2698, PAGA), which was premised almost entirely on violations of the California Occupational Safety and Health Act (Labor Code 6300, CalOSHA). He was awarded more than $2.9 million in PAGA penalties and more than $7.8 million in attorney fees.The court of appeal affirmed the award of attorney fees but reversed the award of PAGA penalties. Education Code 66606.2 does not bar PAGA claims against the California State University (CSU) system; CSU is not categorically immune from PAGA penalties because it is a public entity. Viable PAGA claims can be asserted against CSU only when the statutes upon which the claims are premised themselves provide for penalties. Here, Sargent brought some viable PAGA claims but ultimately failed to establish CSU’s liability for them because the jury found that he was not personally affected by the underlying statutory violations. View "Sargent v. Board of Trustees of the California State University" on Justia Law

A.C.'s Westside eighth-grade class watched a video about athletes kneeling during the national anthem. During a “critical thinking” discussion, the teacher insisted that A.C. share her ideas. A.C. stated that “kneeling was disrespectful to law enforcement and military," and questioned that violence could have stemmed from music lyrics including "F-the Police, and the use of the N-word.’” A.C. stayed home the next day due to illness. The teacher allegedly told students that A.C. was a racist and was on suspension. A.C. was subjected to bullying. After meeting with school officials, her parents removed A.C. from school. A.C. attempted suicide. Her parents contacted eight lawyers. but were unable to retain one.On behalf of A.C., they filed the pro se 42 U.S.C. 1983 lawsuit. The court ruled that they could not serve pro se as A.C.’s representatives and lacked standing to bring individual claims that only derive from alleged violations of their child’s constitutional rights. They contacted 27 more lawyers and organizations. They refiled, requesting court-appointed counsel. The district court refused, reasoning that the claims were “not likely to be of substance,” and that A.C. lacked standing for declaratory and injunctive relief, as she was no longer a student at Westside. The Eighth Circuit affirmed that the parents may not represent A.C. pro se but remanded with directions to appoint counsel. The court did not err in considering the potential merit of the claims and other relevant factors in deciding whether to request counsel but the allegation of First Amendment retaliation is a serious claim on which the plaintiffs and the court would benefit from the assistance of counsel. View "Crozier v. Westside Community School District" on Justia Law

Congress enacted an appropriations rider in 2009 prohibiting the District of Columbia from paying more than $4,000 in attorneys' fees for any past proceeding under the Individuals with Disabilities Education Act (IDEA). At issue in these 11 consolidated cases was whether the District must pay interest on amounts that exceed the payment cap.After determining that the District did not forfeit the interest issue, the court held that the District cannot be compelled to pay interest on the portion of fee awards that it has been legally prohibited from paying off. The court explained that this case implicates a well-established common-law principle: If the law makes a debt unpayable, then interest on the debt is also unpayable. Furthermore, the court had no basis to conclude that 28 U.S.C. 1961(a) abrogated this background rule. The court reversed the district court's judgment requiring payment of interest on above-cap fees, affirmed the district court's judgment in all other respects, and remanded for further proceedings. View "Allen v. District of Columbia" on Justia Law

Doe sued the University for violating his due-process rights during a disciplinary hearing. The Sixth Circuit remanded Doe’s case in light of a related ruling requiring live hearings and cross-examination in such proceedings. Upon remand, the district judge, frustrated with the University’s apparent foot-dragging, scheduled a settlement conference and required the University’s president to attend. The University requested that the president be allowed to attend by telephone but the district judge refused. The University then requested permission to send someone with both more knowledge about the sexual assault policy at issue and full settlement authority. The judge again refused, stating he wanted the president to be there even if someone else with full settlement authority attended, and “even if the parties [we]re able to resolve" the issue. The University planned for the president to attend. Two days before the settlement conference, the district judge decided that the conference (which he had assured the University would be private) should be a public event, stating that “the University’s public filing of a Motion to Dismiss . . . . The filing incited confusion amongst the media.” The Sixth Circuit issued a writ of mandamus, finding that the district judge acted beyond his power and abused his discretion. Neither Congress nor the Constitution granted the judge the power to order a specific state official to attend a public settlement conference. View "In re: University of Michigan" on Justia Law

The Fifth Circuit affirmed the district court's denial of attorneys' fees for plaintiff under the Individuals with Disabilities Education Act (IDEA). The court held that the hearing officer's decision did not make plaintiff a prevailing party under the IDEA and thus she was not entitled to attorneys' fees. In this case, the officer's decision effected no change to plaintiff's educational plan, which the officer agreed was entirely appropriate despite lacking a prior autism diagnosis. Furthermore, the IDEA focuses, not on a student's diagnostic label, but on whether the student received appropriate education services, which the officer found plaintiff had received from the school district. View "Lauren C. v. Lewisville Independent School District" on Justia Law