sued her former employer (CareFlite) for what she reasoned was an invasion of privacy by intrusion upon seclusion. CareFlite argues that Roberts was terminated for what they deemed as “unprofessional and insubordinate” (CITE THE CASE) activity posted on her Facebook. Roberts was working as a paramedic and she posted a comment on her coworker Schoenhardt’s page claiming that she “wanted to slap the patient” (CITE THE CASE) who was deemed to require restraining. An officer from Careflite noticed the
RULE 56 OF THE FEDERAL RULES OF CIVIL PROCEDURE, THIS COURT SHOULD GRANT SUMMARY JUDGMENT IN FAVOR OF THE DISTRICT BECAUSE THERE IS NO DISPUTE OF MATERIAL FACT, FOURTH AMENDMENT CLAIMS MAY BE DECIDED AS A MATTER OF LAW, AND A RATIONAL TRIER OF FACT WOULD FIND FOR THE DISTRICT. Pursuant to Rule 56(c) of the Federal Rules of Civil Procedure, Defendant Jordan School District (“the District”) hereby moves for an order granting summary judgment regarding Plaintiff Susan Clark’s (“Clark”) claim she was illegally
Search & Seizure in the Public Schools To fully understand the role and related responsibilities of search and seizure in the public schools, the Constitutional rights of the students and case law must be examined. The Fourth Amendment of the Constitution states: The right of the people to be secure in their persons, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation
outside. The supreme court has taken many cases related to students that cover all areas of their rights. This paper will cover three main areas of student rights: censorship, privacy, and speech. Students ' censorship rights are one of the rights that are different from the outside world. Unlike the news, which can 't be censored at all in the United States, school papers can be censored under certain circumstances. For example, in the supreme court case "Hazelwood v. Kuhlmeier," a school paper
Introduction: The Fourth Amendment to the U.S. Constitution is the part of the Bill of Rights that prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. In the landmark cases below, the cases went to court because the defendant accused law enforcement of violating their Fourth Amendment Rights. Under the Constitution the Fourth Amendment protects officers of unreasonable search and seizures. Officials as public schools has the
Facts of the Case On March 7, 1980, a teacher at Piscataway High School in Middlesex County, New Jersey found two girls smoking in the restroom of the high school. The defendant, a fourteen year old, high school freshman, who is referred to as T.L.O. along with her companion were sent to the Assistant Vice Principal Theodore Choplick’s office for violating the school rule of smoking in the restroom. During questioning T.L.O.’s companion admitted to smoking in the restroom and had violated the school’s
Determining Student Due Process and Privacy Rights xxxx American College x Determining Student Due Process and Privacy Rights In this paper I will address a due process rights afforded to a student in a scenario presented by The American College of Education. I will explain the substantive and procedural due process rights as they relate to student discipline in the situation. I will give concepts, and examples relating to freedom of speech and privacy. I will address the IEP educational
essential sections to the control theories which include privacy, personal space, territoriality, and crowding. People use personal space and territoriality, boundary regulating mechanisms, to achieve a greater amount of control over their environment (Hutchison, 2015). Privacy contains two major aspects what include the ability to keep information inaccessible and the ability to interact (or not interact) with others (Hutchison, 2015). Privacy also means not having conversations be overheard and being
this is the case of Engel vs Vitale. This court case took place in 1962 when a parent of a child sued because of a New York State law that required students to recite a nondenominational prayer every morning, "Almighty God, we acknowledge our dependence upon Thee, and beg Thy blessings upon us, our teachers, and our country”. This law goes against the Establishment of Religion clause of the fourth amendment. Another violation of The Bill of Rights is the Tinker v. Des Moines case. This case took place
project is a case study. The term methodology is an overall approach for a particular study (Sim and Wright, 2000). Case studies have been described as collecting small qualitative data (Gerring, 2007) focused on narrow, in-depth examinations of chosen topics (Savin-Baden and Major, 2012). This chosen methodology works well with my interpretivist paradigm approach whereby I intend to explore the viewpoint of one participant (Baxter and Jack, 2008) and depict the issues they encounter as a teacher. It is