United States Seventh Circuit

In a suit under 42 U.S.C. section 1983 alleging that school district officials had violated a student's rights under the Due Process Clause of the Fourteenth Amendment by failing to protect her from a state-created danger, summary judgment for defendants is affirmed where: 1) the defendants' behavior in implementing a school policy did not shock the conscience; 2) because there was no violation of the student's constitutional rights, there was no basis for liability on the part of the school district for the failure to train its employees; and 3) the district court did not abuse its discretion in refusing to allow plaintiff to amend her complaint to add a new defendant since the proposed claims would not have survived a motion for summary judgment.

Appellate Information

• Argued 05/30/2007
• Decided 08/07/2007
• Published 08/07/2007

Judges

• RIPPLE, Circuit Judge., Before EASTERBROOK, Chief Judge, and RIPPLE and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Dawn K. O'Leary (argued), Eric W. Evans, Roth & Evans, for Plaintiff-Appellant.


• For Appellees:
  
• Garrett P. Hoerner (argued), Becker, Paulson, Hoerner & Thompson, Belleville, IL, Terese A. Drew, Hinshaw & Culbertson, St. Louis, MO, for Defendants-Appellees.