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.