Doe-2 v. McLean County Unit Dist. No. 5, No. 09-1936

In plaintiff's action against a county school district under Title IX of the Education Amendments of 1972, 20 U.S.C. section 1681(a), alleging that defendants knew that an elementary school teacher sexually harassed students at another county but allowed him to obtain a teaching job at another school, district court's dismissal of the complaint is affirmed where: 1) at the time the teacher abused the plaintiff, the defendants lacked the requisite control over him to establish deliberate indifference liability under Title IX; and 2) defendants did not owe a duty to plaintiff enforceable under Illinois tort law.  

Read Doe-2 v. McLean County Unit Dist. No. 5, No. 09-1936

Appellate Information

Appeal from the United States District Court for the Central District of Illinois

Decided January 22, 2010

Judges

Before: Wood, Cudahy and Tinder, Circuit Judges

Opinion by Circuit Judge  Tinder