Law & Courts News in Brief

High Court Won’t Hear ‘Fake Burp’ Appeal

By Mark Walsh — May 30, 2017 1 min read
  • Save to favorites
  • Print

The U.S. Supreme Court has refused to take up an appeal in a case in which Neil M. Gorsuch, as an appeals-court judge writing in dissent, had been sharply critical of involving the police in the matter of a student who disrupted a class with “fake burps.”

With now-Justice Gorsuch recused because it was a case he had handled below, the high court declined without comment to review a decision by the U.S. Court of Appeals in Denver, upholding a school resource officer’s arrest and handcuffing of a New Mexico 7th grader for disrupting his gym class.

The 10th Circuit panel had ruled that the officer was immune from liability because it was not clearly established whether the student’s classroom disruptions were in violation of a New Mexico law that prohibits interference with the “educational process” at any public or private school. It also upheld qualified immunity for the officer over his use of handcuffs when he took the 13-year-old from Cleveland Middle School in Albuquerque to a juvenile-detention center.

A version of this article appeared in the May 30, 2017 edition of Education Week as High Court Won’t Hear ‘Fake Burp’ Appeal

Events

Student Well-Being K-12 Essentials Forum Social-Emotional Learning 2025: Examining Priorities and Practices
Join this free virtual event to learn about SEL strategies, skills, and to hear from experts on the use and expansion of SEL programs.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Professional Development Webinar
Inside PLCs: Proven Strategies from K-12 Leaders
Join an expert panel to explore strategies for building collaborative PLCs, overcoming common challenges, and using data effectively.
Content provided by Otus
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Webinar
Making Science Stick: The Engaging Power of Hands-On Learning
How can you make science class the highlight of your students’ day while
achieving learning outcomes? Find out in this session.
Content provided by LEGO Education

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Are Religious Charter Schools Legal? The Supreme Court Will Decide Soon
The court's ruling could fundamentally alter the line between church and state in education.
5 min read
The Supreme Court in Washington, June 30, 2024.
The U.S. Supreme Court has granted review in a potentially landmark case about whether a state may, or even must, include a religious school in its public charter school funding program.
Susan Walsh/AP
Law & Courts Legal Fights Highlight Clashes Over Transgender Students’ Pronouns in Schools
A federal court weighs the case of a teacher who refused to use students' chosen names and pronouns, as similar questions arise elsewhere.
9 min read
John Kluge, a former Indiana teacher, pictured in an undated photo.
John M. Kluge is an Indiana teacher who was dismissed for refusing to use transgender students' chosen names and pronouns.
Courtesy of Alliance Defending Freedom
Law & Courts Can Parents Opt Kids Out of Reading LGBTQ+ Books? The Supreme Court Will Decide
The U.S. Supreme Court will take up a school district's policy of refusing to let parents opt out their children from LGBTQ+ storybooks.
3 min read
The Supreme Court on Wednesday afternoon, April 19, 2023, in Washington.
A view of the Supreme Court in the afternoon on April 19, 2023, in Washington.
Jacquelyn Martin/AP
Law & Courts How Educators Feel About the Supreme Court's Decision to Uphold TikTok Ban
The Supreme Court upheld a law targeting TikTok, increasing the uncertainty for an app highly popular among U.S. educators and students.
6 min read
Sarah Baus, left, of Charleston, S.C., and Tiffany Cianci, who says she is a "long-form educational content creator," livestream to TikTok outside the Supreme Court, on Jan. 10, 2025, in Washington.
Sarah Baus, left, of Charleston, S.C., and Tiffany Cianci, who says she is a "long-form educational content creator," livestream to TikTok outside the Supreme Court, on Jan. 10, 2025, in Washington.
Jacquelyn Martin/AP