How the EEOC’s Maintenance of an “Alleged Offenders” Log Can Help Prevent the Next Harvey Weinstein

SAMUEL ESTREICHER, JOSEPH SCOPELITIS

NYU law professor Samuel Estreicher and recent graduate Joseph A. Scopelitis argue that the EEOC should maintain a log of “alleged offenders” to help prevent the next Harvey Weinstein. Estreicher and Scopelitis explain why such a log would effectively balance the interests of the alleged offender and victim, the employer, and the public.

Read More

Converse v. City of Kemah

Docket: 17-41234

Opinion Date: June 12, 2020

Judge: James L. Dennis

Areas of Law: Civil Rights, Constitutional Law

Plaintiffs, family members of Chad Ernest Lee Silvis, filed suit against police officers for deliberate indifference after Silvis committed suicide in a jail cell by hanging himself with a blanket that one of the officers gave him. The Fifth Circuit reversed the district court's dismissal of plaintiffs' claims based on qualified immunity, holding that the complaint contains sufficient factual allegations to state a claim for relief. In this case, plaintiffs have pleaded sufficient facts that allow the court to draw the reasonable inference that the officers are not entitled to qualified immunity because they were subjectively aware that Silvis was at a significant risk of suicide and responded unreasonably to that risk by failing to remove the blanket from Silvis's cell, in violation of the Fourteenth Amendment.

Spring Branch Independent School District v. O.W.

Docket: 18-20274

Opinion Date: June 12, 2020

Judge: Debra M. Brown

Areas of Law: Education Law

Upon panel rehearing, the Fifth Circuit withdrew its prior opinion and substituted the following opinion. After an administrative hearing officer found that the School District violated the Individuals with Disabilities Education Act (IDEA) and awarded O.W. two years of private school tuition, the district court affirmed the award. The Fifth Circuit affirmed in part and reversed in part, holding that the IDEA's text and structure, including its implementing regulations, compel a conclusion that the child find and expedited evaluation requirements are separate and independent such that a violation of the latter does not mean a violation of the former. To the extent the district court held otherwise, the court held that this was error. The court also held that the continued use of behavioral interventions was not a proactive step toward compliance with the school district's child find duties and thus a child find violation occurred. The court further held that the district court erred in finding the May 6, 2015, modification represented an actionable failure to implement O.W.'s individualized education program (IEP), but correctly concluded the May 18, 2015, modification rose to the level of an actionable violation. The court remanded the remedy question to the district court for reconsideration.