DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
201772P.pdf 06/16/2021 KD v. Douglas County School District
U.S. Court of Appeals Case No: 20-1772
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Shepherd, Author, with Erickson and Kobes, Circuit Judges]
Civil case - Title IX. Defendant Bartels, the school principal, did not
have actual notice that a teacher was abusing plaintiffs' child, and he
and the district were entitled to summary judgment on plaintiffs' Title IX
and Section 1983 claims; nor did the district court err in granting
summary judgment to Bartels and the district on plaintiffs' Nebraska
Political Subdivisions Tort Claims Act claims as they were entitled to
qualified immunity under the Act because the claims against them arose
from an intentional tort, the teacher's sexual assault of the student, and
the intentional tort exception to liability applies; nor did the court err
in granting summary judgment in favor of Bartels on plaintiffs' claim for
aiding and abetting intentional infliction of emotional distress as there
was no evidence that Bartels encouraged or assisted the teacher's abuse of
the student; plaintiffs were not entitled to a jury trial on damages after
the teacher failed to file an answer to their complaint and the district
court entered a default judgment against him; the court joins its sister
circuits in finding there is no right to a jury trial on the issue of
damages following entry of default judgment; amount of damages awarded
against the teacher was not inadequate under a clearly erroneous standard
of review.