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Sandra T.E. v. Grindle

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ARGUED JANUARY 14, 2010

Before FLAUM, ROVNER, and HAMILTON, Circuit Judges.

The appellant, Karen Grindle, was principal of Pershing Elementary School at a time when the school district’s band teacher, Robert Sperlik, molested several young girls there. Sperlik was arrested once his abuse came to light. Plaintiffs subsequently brought suit against Sperlik and Grindle, among others, alleging violation of 42 U.S.C. § 1983 on both equal protection and substantive due process theories. Grindle moved for summary judgment, claiming she was entitled to qualified immunity because plaintiffs had failed to establish a violation of a clearly established right. The district court denied her motion, and this appeal followed. Because the plaintiffs have put forth evidence which, if credited by the jury, is sufficient to create liability under the clearly established law of this circuit, we affirm.

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