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.
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.