United States Seventh Circuit

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Doe v. Smith, 04-3421

Summary judgment for school district in a 42 U.S.C. section 1983 case alleging child molestation by a school official is affirmed, but summary judgment for the alleged molester is reversed, and a new trial ordered, where the trial court erred in: 1) granting summary judgment in favor of defendant, because Titles VI and IX do not shield an alleged child molester from the prospect of individual liability for his constitutional tort; 2) excluding defendant's 2001 conviction for soliciting another middle school student for sex; and 3) denying the plaintiffs' motion to reconsider admitting a witness's testimony that defendant sexually abused him in the past

Appellate Information

  • Decided 11/28/2006
  • Published 11/28/2006

Judges

  • WILLIAMS, Circuit Judge., Before COFFEY, EVANS, and WILLIAMS, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Ellyn J. Bullock (argued), Nally, Bauer, Feinen, Bullock & Mann, Champaign, IL, for Plaintiffs-Appellants.

  • For Appellees:
  • Joseph R. Vallort (argued), Timothy J. Young, Chilton Yambert Porter & Young, Chicago, IL, for Defendants-Appellees.
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