Tuesday, July 19, 2011
School district’s refusal to provide allegric student with a nut free environment did not constitute an actionable threat of violence or harm under California law
McCue v. South Fork Union Elementary Sch., ___F.Supp.2d____ (E.D. Cal. Feb. 7, 2011), is an unusual case. . A federal district court in California has dismissed a claim brought by the parents of a student with a nut allergy alleging that the school district’s refusal to provide the student with a nut free environment at school was an actionable threat of violence or harm under the state’s civil code. The court concluded that none of the alleged statements by school officials regarding their refusal or inability to create a nut free environment in the school would be perceived by a reasonable person as threats of violence against the student.
Only in California.
Mitchell H. Rubinstein