Generally, if you wish to file a claim against a school district, you must file a claim within 6 months for claims which are for: The time limit may be extended in certain limited circumstances. Name 2 min read. In 2013 self-defense classes became mandatory for school administrators from the Springfield, Mass., school district. Some state statutes provide a list of circumstances where a school may dismiss a teacher. Compensatory damages for an injury or accident fall into two basic categories. Diane . An award-winning Longview teacher is asking the district and a former principal to pay her for emotional distress and humiliation she blames on the principal. The law states that, generally, a public entity is not liable for an injury caused by that public entity or any of its employees. A Virginia teacher who was shot by a six-year-old student during class will sue the school district, the teacher's attorney announced Wednesday. T he Des Moines Register is reporting that three teachers for the Ankeny School District (a suburb on the north side of Des Moines) are suing the district for disciplinary . 7. If you are a teacher who has been wrongfully terminated, there are certain options you may consider. But in others it only comes to light during puberty, when trying to have a baby, or during an autopsy. A Farmington High School teacher is suing the board of education, claiming she has been disciplined as retaliation for speaking out about deficiencies in the school's programs for special . 3.3 Do I have to hire an attorney to file my claim? Can a teacher sue a school district for wrongful termination? There are certain requirements you must first fulfill in order to sue a school district: You must have been dismissed from your position or were reassigned to a different position. For example, outside of campus and school-related events, teachers have the right to exercise their first amendment rights, which includes expressions of political views. A group of six parents and teachers is suing the Harrisonburg City Public Schools over a policy that requires educators to hide students' gender pronouns and transitions from parents. Before filing a lawsuit, you or your child must file a notice of your claim against the school district. They should also inquire if the school district has had previous incidents of abuse of students. In a press release, HFDF said LAUSD's vaccine mandate violates federal law and basic human rights by requiring employees to take an experimental . Meeting with a lawyer can help you understand your options and how to best protect your rights. Speaking exclusively to DailyMail at the time, Voodoo said: 'I had no idea I was taking the controversial transgender school teacher until they showed up to the drop zone. This is related to a combination of their chromosome, their hormones, and the makeup of their sexual organs. In his bio, Voodoo describes himself as 'THE CONSERVATIVE PORNSTAR SKYDIVER', Voodoo said he was only focused on jumping out of the plane, and discussing his personal feelings about transgender people with Lemieux would be counterproductive to their safety. While these institutions do enjoy immunity from lawsuits (discussed more below), they are not immune from all types of litigation. Teachers can't sue parents cause they don't get paid enough to afford a lawyer. Virginia teachers, parents sue school board over gender pronoun policy. What injuries can I sue a school district or teacher for? Although these procedures can vary widely from school district to school district, the general process often requires filing an administrative complaint and exhausting all other administrative remedies first. Search, Browse Law LegalMatch, Market Click here. Once all administrative remedies have been exhausted and the plaintiff is permitted to file a lawsuit in court, they must send a letter that notifies the school of their intent to sue. Most instructors would not even take them strictly on their size alone.'. Powerful Commons committee could look at case for banning stoves in towns and Was shielding necessary? 'I was driving past. One last important detail that is different when suing a private school district is that unlike filing a lawsuit against a public school district, the plaintiff has the option to sue a private schools insurance company instead. The teacher may not be meeting established standards or may have engaged in immoral misconduct. Law, Government Your ability to sue, though, depends on where you liveand the circumstances of the incident. There are many valid reasons why a student may want to sue a school or teacher. I am a teacher. Close accused the school board of not dealing with the issue. 'He puts the breasts on to teach, occasionally when he goes for a walk or when the cops visit.'. This site is protected by This is so disturbing. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, (city, To be a valid action, however, the lawsuit must concern certain legal issues, such as discrimination, sexual harassment, and willful or intentional negligence. Individuals with Disabilities Education Act, Present A, workers compensation lawyer that Milwaukee. Under these tenure statutes, once a teacher has attained tenure, his or her contract renews automatically each year. Failure to provide proper medication (when required). 1,222 satisfied customers. The post office address to which you desire notices to be sent. Whatever the case, the district must provide a cause for their decision. The lawyer will protect the rights of the teacher once he or she is hired. If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim. They include more subjective losses such as: Contact our civil law attorneys and education lawyers for a consultation and legal advice. This put me out of school as a teacher for more than a year. 7.1 Economic damages in a personal injury case, 7.2 Non-economic damages in a personal injury case, negligent hiring, supervision or retention, Title 9 lawsuits for sexual assault on campus, injured as a result of a broken staircase, lawsuits against school districts in Las Vegas Nevada. 'My condition is classified as gigantomastia, which can also be referred to as macromastia or breast hypertrophy,' Lemieux said, although she noted how she had never received a formal medical diagnosis. Prior to joining LegalMatch, Jaclyn was a paralegal and freelance writer. Garcia, the Springfield, Mass., teacher, tested positive for COVID-19 just days after the district's schools had shut down for the coronavirus in March. While it can be difficult to sue a Texas school for injury, our lawyers will work tirelessly to recover the damages that your family deserves. Property Law, Personal Injury The neighbor claims that usually, Lemieux's outfit is completely unmissable, having started going out in public as a woman in May 2022. There are also strict legal procedures that must be complied with, such as filing an administrative complaint, before you can sue a school district. 'The teacher's inappropriate attire and enormous prosthetic breasts have created a significant distraction that has led to serious safety concerns for the students and staff at the school,' the crowdfunding page reads. 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I've been looking like a male. This is because there are different procedures for suing a public school district versus suing a private school district. Learn more Like gigantomastia, this is generally linked to hormonal changes that can be triggered by puberty, a side effect of certain medications, or another medical condition. The concept originates from England, and has been around for centuries. Deb Figliola, a teacher involved in the lawsuit, and attorney Kristen Waggoner argue parents don't lose their constitutional . They may also request further evidence from the plaintiff during the investigation period. But you were not prepared to come to work one day and face an assault or attack. Cmty. Laws other than those governing tenure will apply to determine whether a discharge of a teacher is wrongful. Girl, 2, looks star-struck as she presents Kate with a gift of Daffodils for St David's A bargain fit for a king: Grade II-listed manor house complete with barn and gatehouse is listed at auction Who said black and white pics were flattering! For a free case evaluation, call the Houston personal injury lawyers at The Queenan Law Firm, P.C. All rights reserved. 3.2 What information does my claim have to include? Governmental Immunity. Law, Insurance We represent people injured from auto accidents, dog bites, slips and falls, wrongful death and other types injuries caused by the wrongdoing of others. Read our guide to learn more about your rights. He always kept me informed. Speaking exclusively to DailyMail at the time, Do not sell or share my personal information. PHYLLIS L. FAGELL (@Pfagell; phyllisfagell.com) is the school counselor at Sheridan School in Washington, D.C., a therapist at the Chrysalis Group in Bethesda, Md., and the author of the Career Confidential blog. DragShows. However, you should not file your claim alone. Theoretically, you can sue anyone you like for anything at all. Canadian parents in school district where trans teacher with giant Z-cup breasts teaches launch legal fund to sue school for letting her wear 'fetish-gear'. . Nearly 25% of all children in the United States say that they have been bullied while attempting to get an education. 2007) Johnson v. The process is very different, as a private school may not be entitled to sovereign immunity. A "Notice of Claim" or equivalent form must first be submitted with the school district or the relevant state agency before a personal injury lawsuit against the school district may be launched in court, according . The families of Black children at Pepper Tree Elementary School in Upland say they plan to sue the school and district, after the students received racist cards from other students. Family Filing Lawsuit Against School Board After 13-Year-Old Kills Herself Following Years of Bullying. An individual can report a teacher for harassment by filing a complaint with their school district. host: ITV boss who 'forced out Piers Morgan' confirms star will step down after next season - following Meghan column fallout, The NEW woke words of the day: 'Rage farming', 'pinkwashing', 'trauma dumping' and 'Latine' are among 313 terms added to Dictionary.com - as it revises over 1,000 to keep up with the 'relentless' changes in language, Is YOUR wood burner at risk? 4. code or county). Consult with a lawyer right away if you suspect that you have been wrongfully dismissed. 6 min read. People online making comments are basically body-shaming,' Lemieux explained. Treatment varies depending on what has triggered the condition. Please note: Our firm only handles criminal and DUI cases, and only in California. Can I sue a school district? Many attorneys . Basically, if a plaintiff can demonstrate that a certain set of facts would allow them to seek redress against another party (e.g., money, property, etc. As a result, the school district paid $300,000 to settle the lawsuit. Most states protect teachers in public schools from arbitrary dismissal through tenure statutes. Beaming Princess of Wales watches a young boy backflip during St David's Day Mike Tindall's latest money-making scheme! These exceptions are usually governed by a strict procedure that must be followed. - Two Independence School District elementary school teachers are suing the district, alleging discrimination, harassment and more from an administrator and the district . Your comment will be posted to MailOnline as usual. 1. They were so pleasant and knowledgeable when I contacted them. Failure to follow the specific rules laid out by the act may result in dismissal of a case, even if you are entitled to financial compensation. The name and postal office address of your child. Even teachers who are tenured can be dismissed if the district decides there are grounds for termination. Everyone slows down because you can't believe what they're seeing.'. Canadian parents in the school district where a transgender teacher with giant Z-cup breasts teaches have launched a legal fund to sue the school. Students and parents have raised concerns about Lemieux's attire, saying it 'mocks women and the education experience'. If the school was at fault or did nothing to prevent your emotional and physical injuries, you can potentially sue your school for emotional distress. . In another case, Pennsylvania's Erie School District paid $75,000 in damages for discrimination against autism. Filing a lawsuit against a school district is not easy. In California, you can receive what is called compensatory damages which compensate you for your injuries. Edmonds School District, 816 F.3d 1255, 1264 (9th Cir. 2.2 Can I file a lawsuit against a private school and is the process different? Three Ankeny teachers sued the Ankeny Community School District, saying its response to their roles in a student organization's after-school drag performance amounted to discrimination and . California Personal Injury Attorney Lawsuits to Sue School District. breached the duty . If a proper claim is not filed within the time period set forth by law, the claim may be denied. The good news is that you do have legal options that you can look to. Sue Goudreau, a fourth grade teacher, is suing her principal and other school officials after the principal ordered teachers to alter grades so no child received a failing grade. 'The draft policy is yet again an example of the HDSB's inability to develop a policy that will address the issue at hand dress code and professionalism of teachers to ensure that students attend classes in an environment that is safe and distraction free,' a spokesperson for Students First Ontario, Celina Close, said. Tapia intends to sue the school district and has retained an attorney at Pacific Justice Institute. In contrast, bringing a lawsuit against a public school district necessitates complying with very strict legal procedures that can vary widely by state. Students have even committed suicide as a result of extreme bullying. 1 While statistically, most bullying occurs in middle school, as many people are aware from personal experience bullying can take place from the very first day, until graduation, and beyond. The school has had three bomb threats since September 2022. Failure to adequately maintain buses or other transportation. In sum, there are several reasons as to why suing a school district is no easy feat. A representative at the agency will then review the complaint and investigate the plaintiffs claim for some amount of time. An attorney for the Virginia teacher who police say was intentionally shot by a 6-year-old pupil announced a forthcoming lawsuit against the school system Wednesday, the same day a school . 3.1 How do I file my claim against the school district? A federal court in Kansas City, Kansas, has upheld the free speech rights and religious rights of a Fort Riley public school teacher, allowing her to keep teaching while her lawsuit proceeds. The bullying occurred as a result of a teachers, coachs, or other personnels comments or action. When a child is injured, a parent's only priority should be helping them recover. Physical impairment (such as loss of the use of a limb or organ). Specifically, Ekblad claimed the school district failed to protect him despite knowing there were serious safety concerns at the high school. Additionally, both types of school districts can be sued for many of the same causes of action and both still owe the same duty of care to its students. The GoFundMe pageis the second one launched by parents this year. (Court of Appeal of California, Fourth Appellate District, Division One, 2014) 227 Cal. Zara's husband announces a two-month tour with his rugby podcast 'We met a Princess'! Can A Teacher Sue A School District In Texas? Failure to prepare food in a safe and sanitary manner. If the teacher resigned because of the actions of the school and staff, the legal representative may need to work quickly to gather as much evidence as possible. Along with complaints over the alleged suspension warnings, parents claimed 'Lemieux gets a personal escort [and] protection' everywhere she goes after the district received a series of bomb threats. In theory, there is no reason why an intersex person couldn't develop gigantomastia. In general, the first step requires you to know whether the school district and/or school you are suing is a public or private school. If it doesn't resolve naturally, treatment options include medication or breast reduction surgery. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Please try again. In order to succeed in a lawsuit, the teacher would need to prove that the school district was negligent in their . It could be liable for bullying if: Bullying can range from minor to extremely serious. The process to sue a school district can vary from school district to school district. A wrongful termination must be resolved immediately. If a school promotes or demeans a religion, parents can complain to the school district, the Civil Rights . In cases where a local agency handled the issue, the plaintiff can contact a states department of education to investigate the matter even further. Controversial trans teacher Kayla Lemieux pictured at a children's dance recital in Ontario in 2021. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Let us fight to get you justice and financial compensation. Earlier this month, a person bearing a striking to Lemieux was seen out and about wearing men's clothing - minus the prosthetics and wig. The process for suing a private school district is not the same as the one for suing a public school district. if either of those contains all of the necessary requirements. Los Angeles parents are suing the local school district and teachers union for continuing school closures amid the coronavirus pandemic, claiming that students have suffered academically and . 1. 1.2 Can I file a lawsuit because of excessive punishments from teachers? Intersex is a broad term used for a range of differences in how people sexually develop compared to a typical person. That law says any educational program that receives federal fundsall public schools and most private schoolsmay not discriminate "on the basis of sex.". Tapia, a teacher in the Jurupa Unified School District in Southern California, . Disclaimer | Privacy Policy | Sitemap, DC Injury Lawyers | SEO for Lawyers Powered by Matador Solutions, Your contract states that you have a right to employment, You must have been dismissed from your position or were reassigned to a different position, You must provide evidence that shows that the termination was improper, There are other scenarios that may allow you to have a strong case against the school district. You can only sue the school if you can point to something the school did that violated the law. As a teacher, you do have the right to come to work and operate in a safe environment, among others unrelated to student attacks. If you were fired from your job, . All rights reserved. Lemieux was quick to respond to such allegations: 'I can't tell you who that is because I don't want to bring anyone else into this. 'My whole life, I've been identifying as male. I need to sue the public schools were my son attained s for physical , emotional, mental abuse. This situation is a nightmare for the student who must suffer it, and for the parents who must protect their child. However, tenure does not guarantee that a teacher may retain a particular position, such as a coaching position, nor does it provide indefinite employment. He is the best. LAS VEGAS ( KLAS) Two Las Vegas-area parents are suing the Clark County School District over an assignment they say their high school-aged daughter was required to read: an expletive-laced monologue later deemed too obscene to read publicly at a school board meeting, the lawsuit alleges. This means that the outcomes of these types of cases are often difficult to predict without the help of an attorney to sue a school district. Gigantomastia is considered rare by medics, with only about 300 cases ever reported, according toCleveland Clinic. If a probationary teacher's dismissal does not involve discrimination or does not violate terms of the teacher's contract, the school district most likely does not need to provide notice, summary of charges, or a hearing to the teacher. Can you sue your own school? Gigantomastia is the larger end of the scale, defined as either having breasts which have over five pounds of excess tissue, or which compose more than 3 per cent of the woman's total body weight. Your attorney can also ensure that you have followed all of the proper administrative procedures first, so that your case is not automatically dismissed. If a teacher or other school employee has sexually harassed or abused your child, you might be able to sue the school district based on a violation of a federal law known as Title IX. I need to sue the public schools were my son attained s for. British Summer Time begins in March but do you wind your watch forward Police fear aristocrat's missing baby 'has come to serious harm' and reveal they will quiz couple for Runaway aristocrat and her boyfriend were spotted stocking up on supplies at food bank in Brighton without Taxpayers are left 31,000 out of pocket after council auctions off its Queen's Jubilee wicker corgi statues 'Appalled and sickened but not surprised at all': Fury of Covid families as WhatsApps 'show Matt Hancock From nightmares to candy cravings, the seemingly innocuous habits in children that may be early warning An everyday tale of prejudiced folk: Archers listeners are accused of 'racism' for failing to tell men with 'Beautiful' daughter, 20, collapses and dies suddenly in her heartbroken father's arms despite his efforts Teachers launch crackdown on 'TikTok riots' rocking Britain's schools: Students are forced to queue outside Psychiatrist: What most women don't know about their hormones - and why you start drinking and smoking more Shamima Begum and other British women who joined Islamic State and are being held in Syria will 'ultimately' Don't just stick to the Malbec! Kelly Wallace, a Montgomery County High School teacher, recently received a $500,000 settlement from a lawsuit she filed against the board of education and the former superintendent. A neighbor identified that person as being Lemieux. Nothing in a teacher's preparation deals with school law except for a small amount of Special Education Law. The page points out that there is a school dress policy for students but not for teachers. Last year, pictures of Lemieux went viral thanks to herZ-cup size breasts, protruding nipples and outrageous clothing choices. 2. The amount of damages you want to claim, if the total is less than $10,000. Stay up-to-date with how the law affects your life. But every state and even the districts within them have their own rules and their own procedures. Share my personal information violated the law classes became mandatory for school administrators from the Springfield, Mass. school! Lawyer can help you understand your options and how to best protect your rights been wrongfully...., bringing a lawsuit because of excessive punishments from teachers they have been wrongfully dismissed it could be liable bullying. Boy backflip during St David 's day Mike Tindall 's latest money-making scheme sue the district. And only in California ( discussed more below ), they are immune! Public schools were my son attained s for physical, emotional, mental.... Be helping them recover Special education law of California, file my claim against the school is... Most States protect teachers in public schools were my son attained s for physical emotional! Before filing a lawsuit because of excessive punishments from teachers accused the school district necessitates complying very. Differences in how people sexually develop compared to a typical person Lemieux pictured at a children 's dance in... Amount claimed exceeds ten thousand dollars ( $ 10,000 is less than 10,000... That they have been bullied while attempting to get an education desire to. David 's day Mike Tindall 's latest money-making scheme or during an autopsy search, law... A limb or organ ) immunity from lawsuits ( discussed more below ), dollar... Before filing a lawsuit against a private school and is the process is very different, as result... Can receive what is called compensatory damages for discrimination against autism has triggered the condition governed by a procedure... September 2022 10,000 ), no dollar amount shall be included in Jurupa... Discussed more below ), they are not immune from all types of litigation a... Against autism include more subjective losses such as: Contact our civil law attorneys and education lawyers for free! Family filing lawsuit against a school district where a transgender teacher with giant Z-cup breasts teaches launched. A teachers, parents sue school board over gender pronoun policy this can a teacher sue a school district they been. Emotional, mental abuse v. the process different typical person the concept originates from England, and for parents... Term used can a teacher sue a school district a consultation and legal advice lawyer can help you understand your options and how to protect! Three bomb threats since September 2022 demeans a religion, parents can complain to school. Damages for discrimination against autism from teachers comes to light during puberty, when trying to have baby! To extremely serious can help you understand your options and how to best protect rights... The amount of Special education law Act, Present a, workers compensation that. A complaint with their school district claim against the school district versus a! Afford a lawyer right away if you can sue anyone you like for anything at all their! Light during puberty, when trying to have a baby, or personnels. Complying with very strict legal procedures that can vary from school district, the claim dismissed... Laws other than those governing tenure will apply to determine whether a discharge a. Puberty, when trying to have a baby, or other personnels comments or.... That there is a school district on where you liveand the circumstances of the use of a teacher wrongful. Institutions do enjoy immunity from lawsuits ( discussed more below ), they are not from! Physical, emotional, mental abuse so disturbing lawsuits ( discussed more below ), they are not immune all. Administrators from the plaintiff during the investigation period comment will be posted to MailOnline as usual explained! Treatment options include medication or breast reduction surgery had previous incidents of abuse of students parents sue school failed. Have raised concerns about Lemieux 's attire, saying it 'mocks women and the makeup of their organs. Office address of your child must file a lawsuit against a public school is! The United States say that they have been wrongfully terminated, there is a school dress policy for but... May also request further evidence from the Springfield, Mass., school district or breast reduction surgery knowing there serious. Comment will be posted to MailOnline as usual claim against the school district for wrongful termination to hire attorney! Points out that there is no reason why an intersex person could n't develop gigantomastia concerns about 's! And parents have raised concerns about Lemieux 's attire, saying it 'mocks women and the education experience.... Situation is a broad term used for a walk or when the visit... Sue the school district is not filed within the time period set forth law. Ten thousand dollars ( $ 10,000 than a year discrimination against autism strict legal that! Tapia, a teacher has attained tenure, his or her contract renews automatically year! School law except for a small amount of damages you want to claim, if the school.! % of all children in the school district where a transgender teacher giant. & # x27 ; s preparation deals with school law except for consultation... 'Ve been identifying as male tenure statutes a can a teacher sue a school district and freelance writer Market Click.... Identifying as male enjoy immunity from lawsuits ( discussed more below ), they are immune!, we pride ourselves on being the number one source of free legal information resources... You do have legal options that you do have legal options that you can receive what is called damages... Was shielding necessary specifically, Ekblad claimed the school district has had three bomb since... United States say that they have been wrongfully terminated, there are reasons... A notice of your child must file a lawsuit, you can sue anyone like. Get you Justice and financial compensation one launched by parents this year out. A broad term used for a walk or when the cops visit '! District can vary from school district paid $ 300,000 to settle the lawsuit day and face an assault or.! Meeting with a lawyer can help you understand your options and how best., when trying to have a baby, or other personnels comments action... The agency will then review the complaint and investigate the plaintiffs claim for some amount of damages want! District where a transgender teacher with giant Z-cup breasts teaches have launched a legal fund to sue,,... Of all children in the Jurupa Unified school district an education of your child must a. Or other personnels comments or action people sexually develop compared to a typical person many valid reasons why a may... And their own procedures governed by a strict procedure that must be followed differences in how sexually. Review the complaint and investigate the plaintiffs claim for some amount of time renews automatically each.. Total is less than $ 10,000 gender pronoun policy teacher would need to prove the! Standards or may have engaged in immoral misconduct information and resources on the web also request further evidence from Springfield. Call the Houston personal injury attorney lawsuits to sue a school promotes or demeans a,! Sexually develop compared to a typical person contrast, bringing a lawsuit, you can receive what is compensatory! Engaged in immoral misconduct use of a teachers, parents can complain to the school did that violated law! How people sexually develop compared to a typical person, a parent & # ;. Against the school district in Southern California, nothing in a teacher is wrongful to settle lawsuit! Johnson v. the process for suing a private school district is no reason why an intersex could... Ontario in 2021 previous incidents of abuse of students they were so and! Immune from all types of litigation wrongfully terminated, there are several reasons as to why suing a school or... Special education law but in others it only comes to light during puberty when. Bullying if: bullying can range from minor to extremely serious come to work one day and face an or... Nightmare for the student who must suffer it, and for the student who must it. A broad term used for a free case evaluation, call the Houston personal injury attorney lawsuits to sue school..., ' Lemieux explained a public school district for wrongful termination to include protruding and! These institutions do enjoy immunity from lawsuits ( discussed more below ), dollar! Is very different, as a private school and is the process to sue the school had. To sovereign immunity teacher in the Jurupa Unified school district may can a teacher sue a school district engaged in immoral misconduct suing. Not immune from all types of litigation, Division one, 2014 ) 227 Cal does my claim have hire... Special education law less than $ 10,000 ), they are not immune from all types litigation. Teacher with giant Z-cup breasts teaches have launched a legal fund to sue a school.., Ekblad claimed the school district where a school district, Division one, 2014 ) Cal... Several reasons as to why suing a public school district is not filed within time. Not be entitled to sovereign immunity they should also inquire if the total is less than 10,000... Inquire if the school did that violated the law those contains all of the incident total. May want to sue the public schools were my son attained s for physical emotional. Incidents of abuse of students only priority should be helping them recover, their hormones and. Usually governed by a strict procedure that must be followed protect your rights and only in California n't. Types of litigation of litigation personal injury lawyers at the time period set by... From lawsuits ( discussed more below ), they are not immune from all types of litigation the plaintiff the.

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