Joel H. Feigenbaum of Post & Schell. Courtesy photo Federal Judge Tackles 'Sexual Abuse' Exception to Sovereign Immunity—Twice
A federal judge opines on the factual allegations necessary for a student-plaintiff to survive a motion to dismiss state tort claims where he/she seeks damages from a school district and its administrators arising from sexual assault by a peer.
February 07, 2024 at 09:43 AM
9 minute read
Litigation
In the three years since Pennsylvania adopted a 10th exception to the Political Subdivision Tort Claims Act (PSTCA), 42 Pa.C.S.A. Section 8522(b)(10), which recognizes claims of "sexual abuse" as an exclusion to the sovereign immunity typically afforded to political subdivisions in negligence cases, courts have seen an increase in litigation involving sexual abuse of school students. In two recent instances of first impression, one federal judge opines on the factual allegations necessary for a student-plaintiff to survive a motion to dismiss state tort claims where he/she seeks damages from a school district and its administrators arising from sexual assault by a peer.
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