United States First Circuit

In a suit under Title IX and 42 U.S.C. section 1983 alleging peer-on-peer sexual harassment at the elementary school level, dismissal of the section 1983 claims and summary judgment for defendants on the Title IX claims are affirmed where: 1) the claims brought pursuant to section 1983 were properly dismissed on the ground that those claims were precluded by Title IX's comprehensive remedial scheme; and 2) defendants cannot be held liable under Title IX for deliberate indifference since defendants' response to the reports of harassment could not, as a matter of law, be characterized as clearly unreasonable.

Appellate Information

• Decided 10/05/2007
• Published 10/09/2007

Judges

• SELYA, Senior Circuit Judge., Before Howard, Circuit Judge, Selya, Senior Circuit Judge, and Dyk, * Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Wendy A. Kaplan, with whom Anne Glennon and Law Office of Wendy A. Kaplan were on brief, for appellants., Emily J. Martin, Lenora M. Lapidus, Sarah R. Wunsch, and American Civil Liberties Union Foundation, Woman's Rights Project on brief for American Civil Liberties Union, American Civil Liberties Union of Massachusetts, Crittenton Women's Union, Equal Rights Advocates, Jane Doe, Inc., Legal Momentum, Massachusetts Society for the Prevention of Cruelty to Children, Dr. Nan Stein, National Partnership on Women & Families, National Women's Law Center, Sargent Shriver National Center on Poverty Law, Women's Bar Association of Massachusetts, and Women's Law Project, amici curiae., Andrea C. Kramer and Sullivan, Weinstein & McQuay on brief for Women's Bar Ass'n of Mass., amicus curiae.


• For Appellees:
  
• John M. Simon, with whom Kay H. Hodge, Joan L. Stein, and Stoneman, Chandler & Miller LLP were on brief, for appellees.