NSBA Legal Clips
Archived entries for Alabama

Alabama federal district court rules that claims of excessive use of force made by students maced by SROs can go forward

An Alabama federal district court has ruled that the Fourth and Fourteenth Amendment claims made by several students for being subjected to chemical spray (mace) by school resource officers for minor nonviolent rules infractions are for a jury to resolve. The court also ruled that a student had stated valid constitutional claims against a school administrator for use of excessive force and excessive corporal punishment.

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Federal appellate court denies Alabama’s request for new hearing on immigration law

As reported on CNN.com, the U.S. Court of Appeals for the Eleventh Circuit has denied a request by the state of Alabama for a new hearing on the state’s controversial immigration law, HB 56.

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Federal appellate court rules section of Alabama’s immigration law requiring schools to verify, and collect data on, enrolling students’ immigration status violates students’ equal protection rights

A three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit has ruled that Section 28 of Alabama’s immigration law requiring public schools to verify, and collect data on, the citizenship and immigration status of enrolling students violates the Equal Protection Clause, reversing a district court’s denial of HICA’s motion for a preliminary injunction to bar enforcement of that provision.

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Sua Sponte: Federal appellate court poised to rule on Alabama immigration law

After the June 25, 2012 decision by the U.S. Supreme Court striking down three provisions of Arizona’s controversial immigration law on the basis of federal preemption, the U.S. Court of Appeals for the Eleventh Circuit is now in a position to rule on a similar Alabama law which contains provisions that would significantly impact school districts in that state.

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Alabama district and DOJ reach agreement on proposed consent decree in 1963 desegregation case

According to the Birmingham News, the Fort Payne City School District has reached a settlement in a nearly 50-year-old school desegregation lawsuit with the U.S. Department of Justice.

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Civil rights group threatens lawsuit over Alabama district’s policy banning male students from wearing earrings

The Birmingham News reports that the Southern Poverty Law Center has given the Jefferson County school board until June 15th to change its policy banning boys from wearing earrings or face a federal lawsuit.

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DOJ warns Alabama education officials of harmful effect of state’s immigration law on students

The Chicago Tribune reports that the U.S. Department of Justice (DOJ) has sent a letter to Alabama education officials warning of the harmful effect of Alabama’s immigration law, known as HB 56.

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Federal appellate court will delay ruling on AL and GA immigration laws until U.S. Supreme Court decides fate of the AZ law

The Atlanta Journal-Constitution reports that a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit (AL, FL, GA) announced that it would delay ruling on the constitutionality of either Alabama’s or Georgia’s anti-illegal immigration laws until the U.S. Supreme Court rules on Arizona’s law. The panel then proceeded to hear oral argument in the two cases.

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Civil rights organization calls on Alabama high school to stop censoring student’s speech in support of gay rights

The Southern Poverty Law Center (SPLC) has sent a letter to to Brookwood High School (BHS), the Tuscaloosa County School Board, and the school system’s superintendent demanding that they respect students’ constitutional rights or face a federal lawsuit, says al.com. According to SPLC’s letter, BHS student Elizabeth Garrett was forced to remove a sweatshirt she was wearing because school officials believed its message supporting gay rights was potentially disruptive. The letter also seeks to overturn a policy prohibiting same-sex dates at the school prom.

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Alabama governor’s proposal to divert funding earmarked for education to fill holes in budget sparks controversy

Alabama Gov. Robert Bentley has sparked debate among legislators about a proposal to use money earmarked for education to fill other holes in the budget, reports Education Week.

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