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CIVIL RIGHTS-ONE ON ONE SCHOOL STUDENT HARASSMENT

Swisher v. Jersey Shore Area Sch. Dist. Bd. of Directors, 2023 U.S. Dist. LEXIS 83260, 2023 WL 3396579 (M.D. Pa. May 11, 2023) (Brann, J.). This case involved bullying of student by student and a consequent case against the school district for inadequate training, not responding to complaints by the parents, and the like. The court found there was not sufficient evidence that there was individual involvement or failure to respond on the part of the school district or its employees. Deliberate indifference was not proven. The court basically swept away any claim by saying that no custom or other policy was proven to permit discrimination. Use of the “N” word and the failure to respond to it, the court found, was inadequate to provide a basis for a claim. The court said there was no substantive due process violation, etc. However, the court did give plaintiffs another opportunity to amend.