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United States Eleventh Circuit


Doe v. Sch. Bd. of Broward Cty., Fla., 09-10394

In an action under 42 U.S.C. section 1983 and Title IX by a child alleging that she was the victim of sexual harassment by her math teacher, summary judgment for defendant is affirmed in part where the school officials named as defendants were not "officials fairly deemed to represent government policy" under the Eleventh Circuit's standard for section 1983 municipal liability. However, the order is reversed in part as to the Title IX claim where a reasonable jury could conclude that the School Board responded with deliberate indifference to actual notice of sexual harassment.

Appellate Information

  • Decided 04/27/2010
  • Published 04/27/2010

Judges

  • ANDERSON, Circuit Judge:, Before WILSON and ANDERSON, Circuit Judges, and RESTANI, Judge.

Court

  • United States Eleventh Circuit

Counsel

  • For Appellant:
  • Stuart S. Mermelstein, Mermelstein & Horowitz, P.A., Aventura, FL, for Plaintiffs-Appellants.

  • For Appellees:
  • Michael T. Burke, Johnson, Anselmo, Murdoch, Burke, Piper & McDuff, Debra Potter Klauber, Haliczer, Pettis & Schwamm, P.A., Ft. Lauderdale, FL, for Defendants-Appellees.
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