Varnell v. Dora, et al, No. 13-2135 (10th Cir. 2014)Annotate this Case
Amber Shaw coached Plaintiff Tori Varnell in several sports while she was a student in the Dora Consolidated School District. According to Plaintiff, Shaw sexually abused her for more than a year, ending while she was in the ninth grade, (sometime in late 2006 or early 2007). When Plaintiff was 20, she sued Shaw, Dora Schools, and Dora Schools Superintendent Steve Barron under the New Mexico Tort Claims Act, the Civil Rights Act of 1871, and Title IX of the Education Amendments of 1972. On Defendants' motion, the district court granted summary judgment on the federal claims as untimely, denied a proposed amendment to the complaint as futile, and dismissed the state tort claims without prejudice. Finding no reversible error, the Tenth Circuit affirmed.