A male student’s Title IX claim against his university arising from a Title IX investigation and disciplinary action against him recently survived a motion to dismiss in a New Jersey federal court. According to the court’s unpublished opinion, the plaintiff and his former girlfriend were students in the same program…
A Title IX discrimination case by a student accused of a Title IX violation can be difficult to prove. A male student recently had his Title IX claims against his Illinois university dismissed. He was accused of sexual assault and the university imposed interim restrictions pending the investigation. While the…
A Washington criminal defendant may file a Knapstad motion to dismiss criminal charges due to insufficient evidence to establish a prima facie case of the crime. Along with the motion, the defendant must submit a supporting affidavit or declaration that alleges there are no material facts in dispute and stating…
A juvenile recently challenged guilty adjudications arising from her actions while being detained and forcibly changed into scrubs at the hospital. According to the appeals court’s unpublished opinion, a deputy went to the high school because the juvenile refused to leave the school. The juvenile made statements about suicide and…
When a court makes a finding there was a history of domestic violence in a Washington custody case, it must impose limitations on the decision-making authority and in most cases the residential time of the parent who committed the domestic violence. A mother recently challenged a parenting plan based on…
University sexual misconduct policies can reach a broad range of actions. A female student recently sued her former university after it charged her with violations of the Code of Conduct for what occurred after she was allegedly drugged and sexually assaulted. According to the court’s order, which recited the facts…
Income acquired while people are in a Washington Committed Intimate Relationship (“CIR”) is treated as community property. At the end of a CIR, a court may only distribute property that would be characterized as community property if the parties were married. A party recently challenged a monetary award for unpaid…
Video can be important evidence in a Washington criminal case. A defendant recently challenged his convictions in which video surveillance footage played a significant part. According to the unpublished opinion of the appeals court, the police department received a report of a shot fired at a motel. The person who…
A court may order a Washington ex parte temporary protection order without notice to the respondent pursuant to RCW 7.105.305. These temporary protection orders are intended to protect the petitioner’s safety until a full hearing. Courts have acknowledged the risk to a petitioner’s safety if notice is required for the…
To admit evidence of a breath test in a Washington criminal case, the state must produce prima facie evidence of certain facts, including that the tested person did not have any foreign substances in their mouth in the fifteen minutes before the test. RCW 46.61.506. The state can make this…