Appeals Court Upholds Decision Clearing Public School District in Abuse Case
The Appellate Division has upheld a jury's no-cause verdict clearing a school district in a suit by a former student who claimed he was sexually abused by his teacher from 1982 to 1986.
May 08, 2017 at 06:14 PM
8 minute read
The Appellate Division has upheld a jury's no-cause verdict clearing a school district in a suit by a former student who claimed he was sexually abused by his teacher from 1982 to 1986.
The plaintiff argued on appeal that the finding of no liability against the school district went against the weight of the evidence at trial. The appeals court acknowledged that state law allows a school district to be held liable for sex abuse of its students. But the in loco parentis provision of the statute allowing a school to be held liable as a passive abuser doesn't apply to a public school where a student does not reside, the panel said in Doe v. Hopewell Valley Regional School District Board of Education.
The plaintiff, an attorney who is identified only as John Doe, brought suit against former teacher Matthew Hoffman as well as the district. A jury awarded $200,000 in compensatory damages and $100,000 in punitives against Hoffman but found the district was not liable.
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