United States Tenth Circuit

In an action against defendant-school district under Title IX of the Education Amendments of 1972 and 42 U.S.C. section 1983 for allegedly violating plaintiff's daughter's rights under the Due Process and Equal Protection clauses of the Fourteenth Amendment, summary judgment for defendant is affirmed where: 1) summary judgment was appropriate on the Title IX claim as defendant's response to alleged sexual harassment was not clearly unreasonable so as to be deliberately indifferent to the harassment; 2) plaintiff failed to create an issue of material fact as to whether defendant had a custom of acquiescing to student sexual harassment by not enforcing its sexual harassment policy; and 3) a due process claim failed as there was no genuine issue of fact as to whether defendant created the danger that caused the harm at issue.

Appellate Information

• Decided 01/04/2008
• Published 01/07/2008

Judges

• PAUL KELLY, JR., Circuit Judge., Before KELLY, ANDERSON, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Jack D. Robinson of Spies, Powers & Robinson, P.C., Denver, CO, for Plaintiff-Appellant.


• For Appellees:
  
• William Stuller (Kristin C. Edgar, on the brief), of Caplan and Earnest, L.L.C., Boulder, CO, for Defendant-Appellee.