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Warren v. Reading School District

In action against school principal and school district for damages for teacher's sexual abuse of student, denial of defendants' motion for judgment as a matter of law affirmed; denial of motion for new trial reversed because court erred in failing to instruct jury that, under the circumstances, guidance counselor could not be "an appropriate person" under Title IX for purposes of holding school district liable.

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Argued: December 4, 2000

OPINION OF THE COURT

Lori Good brought this action on behalf of her minor son, Robert Warren, seeking damages under Title IX for sexual abuse he received at the hands of his fourth grade teacher in a school that was part of the defendant school district. Plaintiff also contends that the school’s principal was individually liable for damages under 42 U.S.C.S 1983. The jury returned a verdict against the school district under Title IX, but found the principal was not liable under S 1983. The district court refused to grant a renewed defense motion for judgment as a matter of law or grant a new trial, and awarded plaintiff attorney’s fees. This appeal followed. For the reasons set forth below, we will reverse and remand for a new trial on plaintiff ‘s Title IX claim.

 
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