banks vs pittsburg unfiied school disitrct

http://fox59.com/2015/12/02/muncie-community-schools-changes-discipline-pol...

Banks v. PITTSBURG UNIFIED SCHOOL DISTRICT

• On October 26, 2009, the day of the attack, Banks discovered that his brother had left $10,000 in fake play money in his backpack.
• . Later in the day, at the beginning of lunch recess, 3 students, , followed Banks and then attacked him on a sidewalk adjacent to the school.

Banks v. PITTSBURG UNIFIED SCHOOL DISTRICT

• Banks filed a negligence action against school district
• The trial court concluded that the school was not liable for the attack

School Rules

• Pittsburg High School had a zero tolerance policy" with respect to gang activity.
• Policy to protect students with large amount of money ED Code 44808.5
• ED Code 44808.5

School records indicated that assailants were a constant threat to other students and had possible gang affiliations

With a partner answer the FOLLOWING questions

• what are the issues?
• was the verdict just?
• from what you know,how might this have been handled differently?

References


DIAMANTE BANKS, Plaintiff and Appellant,

v.

PITTSBURG UNIFIED SCHOOL DISTRICT, Defendant and Respondent.