United States Seventh Circuit

In plaintiff's action raising a Title IX claim against a school district and a section 1983 claim against a supervisor of an instructor in the Junior Reserve Officer Training Corps (JROTC) for sexual abuse, dismissal of the section 1983 claim against the supervisor and grant of summary judgment for the school district on the Title IX claim is affirmed where: 1) the basis for dismissal of the section 1983 claim against the supervisor was erroneous as under Fitzgerald v. Barnstable School Committee, 129 S. Ct. 788 (2009), it is clear that Title IX was not meant to replace section 1983 claims alleging violations of the Equal Protection Clause; but 2) district court's entry of summary judgment dismissing plaintiff's Title IX claim against the school district and dismissal of her section 1983 claim against the supervisor is nevertheless affirmed as the record falls short of establishing a basis for her claims.

Appellate Information

• Argued 09/23/2009
• Decided 08/18/2010
• Published 08/18/2010

Judges

• SYKES

Court

• United States Seventh Circuit

Counsel