Forth v. Laramie County School District, No. 21-8078 (10th Cir. 2023)
Annotate this CasePlaintiff-Appellant Gracie Ann Forth appealed the grant of summary judgement entered in favor of Defendant-Appellee Laramie County School District Number 1 (“LCSD1”) on Forth’s claim under Title IX of the Education Amendments of 1972 (“Title IX”). Forth alleged that while she was a student at Johnson Junior High School (“JJHS”), a school within LCSD1, one of her seventh-grade teachers, Joseph Meza, sexually abused her over several years beginning in 2014. Forth alleged principals at JJHS had actual notice that Meza posed a substantial risk of abuse and were deliberately indifferent to these risks, thereby violating Title IX. On LCSD1’s motion, the district court concluded LCSD1 did not have actual notice Meza posed a substantial risk of abuse before it learned that Forth had reported him to the police. The Tenth Circuit Court of Appeals concluded after review, that the district court erred in finding Forth failed to establish such notice by LCSD1 during the period before LCSD1 learned of her police report, and erred in concluding LCSD1 (in lacking such notice) was not deliberately indifferent during that period. The summary judgment was reversed and the matter remanded for the district court to address in the first instance.
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