Doe v. Columbia-Brazoria Independent School District, No. 16-40882 (5th Cir. 2017)Annotate this Case
Plaintiff, a former student of the school district, filed suit alleging violations of 42 U.S.C. 1983; Title IX of the Education Amendments of 1972, 20 U.S.C. 1681(a); Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794; and the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq. Plaintiff alleged that he was sexually assaulted when he was in the second or third grade by a male student in the bathroom. The district court granted the school district's motion to dismiss. The Fifth Circuit affirmed, concluding that the district court did not abuse its discretion in considering the school district's second Rule 12(b)(6) motion; the district court did not abuse its discretion by not allowing further discovery or granting a continuance; the section 1983 claims were properly dismissed because plaintiff failed to prove a constitutional violation where the claims were not based on the private conduct of his assailant but on the school district's shortcomings in monitoring the students, training the teachers, and establishing a reporting system for sexual assault; the district court did not err in dismissing the Title IX claim because plaintiff failed to show the school district's actual knowledge required to establish liability under Title IX; and the district court also did not err in dismissing the Section 504 and ADA claims.