Silverman Obtains Second Circuit Victory In Case Alleging "Hostile Educational Environment"

Partner Lewis Silverman successfully argued that the Second Circuit should uphold a summary judgment dismissal of a Title VI case against a public school district and its administrators. The plaintiff alleged that the school district had actual notice of student-to-student racial harassment incidents and was deliberately indifferent to the harassment. The plaintiff claimed that school staff witnessed the harassment, but did nothing about it. The Second Circuit disagreed with the plaintiff's argument and affirmed the lower court decision. The court held that the school district did not have actual notice of any racial harassment and that the school's actions did not amount to deliberate indifference, as required under Title VI. D.T. v. Somers Central School District, et al. (2d Circ. 2009)

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