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221814P.pdf   08/15/2023  Jane Doe  v.  Board of Trustees of the Nebraska State Colleges
   U.S. Court of Appeals Case No:  22-1814
   U.S. District Court for the District of Nebraska - Omaha   
[PUBLISHED] [Erickson, Author, with Kelly and Stras, Circuit Judges] Civil case - Title IX. With respect to plaintiff's Title IX deliberate indifference claim, viewing the evidence in a light most favorable to the jury's verdict, the uncontradicted evidence demonstrates that the school acted promptly upon learning of the assault on plaintiff; the steps it took were prompt, extensive, substantive, directed to protect and assist plaintiff, and not clearly unreasonable given the circumstances known to the school; even if the evidence was somehow sufficient to constitute deliberate indifference, the evidence fell short of establishing a causal nexus between the school's actions and the sexual assault or harassment; the judgment in favor of plaintiff is reversed with directions to enter judgment in favor of the school and to vacate the award of attorneys' fees to plaintiff. Judge Kelly, dissenting.