United States Seventh Circuit

In a Title IX and state and federal civil rights suit brought by a student's parents after a teacher engaged in an improper sexual relationship with the student, summary judgment for defendant-school district is affirmed where: 1) plaintiffs failed to demonstrate a genuine issue as to whether defendant had actual knowledge of the teacher's misconduct for their Title IX claim; 2) the district court properly exercised supplemental jurisdiction over state claims; 3) adverse summary judgment was proper as plaintiffs did not establish a genuine issue as to whether defendant knew or should have known of defendant's misconduct, nor whether the school district acted negligently in light of any knowledge it may have had; and 4) further, teacher's misconduct was outside the scope of his employment as a matter of law.

Appellate Information

• Decided 12/23/2008
• Published 12/23/2008

Judges

• KANNE, Circuit Judge., Before EASTERBROOK, Chief Judge, and KANNE and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Sarah Graziano (argued), John D. Hensley, Hensley Legal Group, Indianapolis, IN, for Plaintiffs-Appellants.


• For Appellees:
  
• Thomas E. Wheeler, II (argued), II, Locke Reynolds, Indianapolis, IN, for Defendant-Appellee.