Friday, September 10, 2004

Chief Judge Jones dismisses School Board but keeps in superintendent in teacher misconduct case

In Rasnick v. Dickenson County School Board, Chief Judge Jones granted summary judgment for the School Board on the plaintiff's Title IX and section 1983 claims, and dismissed the claims against the superintendent under Title IX (assuming there can even be a claim against an individual under Title IX, which I doubt), but denied summary judgment as to the superintendent on the plaintiff's supervisory liability theory under section 1983, which is normally difficult, but there was some unusual evidence that created a question of fact on what the defendant knew about the likelihood of further misconduct by the bad teacher - and denied the defendant's qualified immunity argument.

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