Twenty years after the U.S. Court of Appeals for the Third Circuit sat en banc for a case hinging on a school’s obligation to protect its students under the 14th Amendment, an en banc panel of the same court asked lawyers in a similar case what had changed over the last two decades.
Judge D. Brooks Smith asked the question of Albert Torrence, who is representing two sisters who were bullied by another high school student in the Blackhawk School District to the point that they got two court orders requiring the aggressor, who was adjudicated delinquent, to stay away from the girls.
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