DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
092535P.pdf 10/19/2010 John Doe v. Tayna Wilcher
U.S. Court of Appeals Case No: 09-2535
U.S. District Court for the Western District of Arkansas - Hot Springs
[PUBLISHED] [Colloton, Author, with Arnold and Bye, Circuit Judges]
Civil case - Civil rights. The district court erred in denying school
principal's and school district's motions for summary judgment on claim
they violated plaintiffs' civil rights when they failed to investigate and
take remedial action on claims that a teacher sexually abused their minor
daughter; the information the principal had before her did not provide her
with actual notice of sexual abuse and her reasonable investigation did
not uncover any evidence to substantiate suspicions that such conduct
was occurring; as a result, she was not deliberately indifferent to
violations of the student's constitutional rights, and she was entitled to
qualified immunity; under Title IX, a school district cannot be liable
unless the appropriate person with authority to rectify the violation had
actual notice of the alleged contact and since neither party disputes that
the principal was the appropriate person for purposes of this analysis, the
Title IX claim against the district must fail.