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04-Mar-2020 05:49 by 5 Comments

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And, despite failing every class in the eighth grade, Doe was promoted to Central High School. The district court granted summary judgment in favor of the defendants on the Does' section 1983 claims, reasoning that those claims were barred by Titles VI and IX. In that case, a college student, alleging her professor sexually harassed her, sued her university under Title IX and the (harassing) university professor under section 1983. Three principles buttressed our decision in Delgado and are applicable here.

Smith came to court and, according to Doe, before the hearing: We went to a little section of the courthouse and he said I was going to go to juvenile DOC but he could talk to somebody, the State's Attorney or somebody to help me but I had to agree for therapy for him to keep me out of prison. The question presented is this: does Title IX of the Education Amendments of 1972 foreclose a section 1983 suit against (1) a federally funded school for an allegedly unlawful practice or policy, (2) school officials tasked with implementing the educational program or policy, or (3) school personnel who, under color of law, allegedly violated another's federally protected rights? Thus, we bring to the fore in this case what was arguably dicta in Delgado: under the sea clammers doctrine, there is no parallel right of action under section 1983 against a federally funded education program where Title IX provides a sufficient private right of action for the allegedly unlawful policy or practice.

Two weeks later, in early November 1996, despite an ongoing police and state agency investigation, Smith returned to work as the dean. Although not every action by a state employee occurs under color of state law, we conclude the district court erred in this case. Viewing the facts in the light favorable to the Does, a jury could reasonably conclude that Smith was acting under color of state law when he withheld Doe from class allegedly to sexually groom him for subsequent abuse. Waymire, 114 F.3d 646, 647 (7th Cir.1997) (assuming without discussion that a police officer acted under color of state law when he molested a thirteen year-old girl while escorting her home after curfew).

Indeed, the school district's superintendent called Smith and welcomed him back without imposing any restrictions on his contact with students. “Action is taken under color of state law when it is made possible only because the wrongdoer is clothed with the authority of state law.” Hughes v. Because Title IX does not preempt the Does' section 1983 claims against Smith and because there is a triable issue of fact as to whether Smith was acting under color of law when he allegedly abused Doe, judgment as a matter of law was improper.

Smith never helped Doe with his homework or studies during these extended office visits; instead, according to the Does, Smith used the time to sexually groom John Doe.

For instance, one Friday in February 1996, while in the dean's office, Smith invited Doe to have breakfast with him.

While there, Doe told his mother of the abuse and sent a hand-written letter to the juvenile court judge stating that he was finally ready to explain why he did not go to school. Therefore, we affirm the grant of summary judgment in favor of school officials Cain, Fletcher, Hansen, and Shepard in their individual capacities. “The legislators who enacted Title IX would be startled to discover that by doing so they had killed all federal remedies for sex discrimination by teachers of which the school lacked actual knowledge.” Id. Ruling on the plaintiffs' motion for a new trial, the district court modified its summary-judgment opinion and held that, under our decision in Delgado, the Does could maintain their section 1983 claims against Smith. Assuming Doe's version of the facts is true (as we must do at the summary-judgment stage), Smith's opportunity to molest him that day was made possible because Smith used his authority as the dean to persuade the juvenile court judge to release Doe to his custody.

Smith was placed on administrative leave while the local police and the Illinois Department of Children and Family Services investigated Doe's allegations. The Does also assert constitutional claims against the school district and school officials pursuant to 42 U. The third relevant principle of Delgado is simple enough: Title IX does not immunize from section 1983 liability a defendant who uses his position in a federally funded education program to sexually harass and abuse students. Title IX has two important anti-discrimination objectives: “to avoid the use of federal resources to support discriminatory practices” and “to provide individual citizens effective protection against those practices.” Cannon, 441 U. The court concluded that summary judgment for Smith was nonetheless proper because Smith's abuse was not state action, which is required to proceed under section 1983. More generally, the Does contend that, while supervising students on the playground, Smith would often single Doe out and instruct him to report to Smith's office, where allegedly he would isolate and sexually groom Doe.In contrast to the open arms the school district allegedly extended to Smith upon his return, Doe did not return to school after reporting the abuse. Meyer, 880 F.2d 967, 971 (7th Cir.1989) (quoting United States v. Therefore, we reverse the grant of summary judgment in Smith's favor. Admissibility of John Doe's Felony Drug Convictions In an effort to establish his entitlement to compensatory damages, Doe's expert testified at trial that Doe suffered from post-traumatic stress disorder (PTSD) as a result of Smith's abuse.No attempt was made to inform his mother of his truancy; no support services were offered; and his school records were irretrievably lost. The Does' section 1983 claims against him must be reinstated. The defendants-appellees countered that, even if he suffered from PTSD, Doe's three felony convictions and stint in prison were the life stressors that caused his PTSD.The two ate breakfast on a Saturday at a local restaurant and thereafter ended up at Smith's home, where they watched football.At some point during the game, Smith turned and said that Doe needed “therapy”.When Doe asked what “therapy” meant, Smith pulled down the boy's pants, held Doe's hands behind his back, and performed oral sex on him.

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